The City Record Official Publication of the Council of the City of Cleveland
December 4, 2020
Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Cleveland
The City Record is available online at www.clevelandcitycouncil.org
Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall December 4, 2020 The City Record 2
Table of Contents
Click on an entry below to go to that section.
Official Proceedings – City Council 3 Special Motions by Council 4 Communications 5 Ordinances and Resolutions First Reading Emergency Ordinances Referred 7 First Reading Emergency Ordinances Read in Full and Passed 72 First Reading Emergency Resolutions Referred 79 First Reading Emergency Resolutions Read in Full and Adopted 82 Second Reading Emergency Ordinances Passed 91 Second Reading Emergency Resolutions Adopted 101 Adjournment 103 Council Committee Meetings 104 Board of Control 105 Civil Service 114 Schedule of the Board of Zoning Appeals 115 Report of the Board of Zoning Appeals 118 Agenda of the Board of Building Standards and Building Appeals 120 Public Notice 126 City of Cleveland Bids 127 Directory of City Officials City Council 135 Permanent Schedule — Standing Committees of Council 136 City Departments 137 Cleveland Municipal Court 142 City Links 143
Table of Contents December 4, 2020 The City Record 3
Official Proceedings City Council
Cleveland, Ohio Wednesday, December 2, 2020
This council meeting is being held during the COVID-19 emergency declaration and is being conducted as a virtual meeting in accordance with Ohio’s Open Meetings Laws as amended by H.B. 404. Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings is waived for this and any other virtual council meetings held under amended H.B. 404.
The meeting of the Council was called to order at 11:16 a.m. with the President of Council, Kevin J. Kelley, in the Chair.
Council Members present: Kevin L. Bishop, Anthony Brancatelli, Phyllis E. Cleveland, Kevin Conwell, Blaine A. Griffin, Anthony T. Hairston, Kenneth L. Johnson, Basheer S. Jones, Brian Kazy, Kevin J. Kelley, Kerry McCormack, Brian Mooney, Michael D. Polensek, Jasmin Santana, Jenny Spencer.
MOTION
Council Members paused for a moment of silent reflection, and the Pledge of Allegiance.
MOTION
On the motion of Council Member Spencer that the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member Cleveland.
Official Proceedings – City Council December 4, 2020 The City Record 4
Special Motions by Council
MOTION
In compliance with the Charter and Rules of Council, a copy of all legislation to be heard during this council meeting was furnished previous to the meeting to every council member through their council email. It is hereby acknowledged, without objection, that all members of council have received this legislation.
The motion was approved.
MOTION
It is hereby declared, without objection, that Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings, is waived for this and any other virtual council meetings held under amended Sub. H.B. 197.
The motion was approved.
Special Motions by Council Official Proceedings – City Council December 4, 2020 The City Record 5
Communications
File No. 932-2020 From Ward 15 Council Member Jenny Spencer. Advance notice of her recusals from any and all legislation involving Cleveland Metroparks. Received.
Oaths of Office
File No. 931-2020 Oath of Office for Kevin Preslan, Income Tax Administrator and Commissioner of Taxation, City of Cleveland. Received.
Ohio Division of Liquor Control
File No. 967-2020 #4443420. New License Application, D3. Kaiser Gallery LLC, 2418 Professor Avenue (Ward 3). Received.
File No. 968-2020 #4443420. Economic Development Transfer Application, D3. Kaiser Gallery LLC, 2418 Professor Avenue (Ward 3). Received.
File No. 969-2020 #7463715. Transfer of Ownership Application, D5 D6. Rockwell Bistro LLC, 2232 Rockwell Avenue (Ward 7). Received.
File No. 970-2020 #2441047. New License Application, D5. Edwins Bakery and Training Center LLC, 13104 Buckeye Road (Ward 4). Received.
File No. 971-2020 #8123888. New License Application, D1. Sichuan Hot Pot Cuisine, Inc., 2162 Rockwell Avenue (Ward 7). Received.
File No. 972-2020 #4189185. Transfer of Ownership Application, C1. Jabco, Inc. of Cleveland III, 3585 West 117th Street (Ward 11). Received.
File No. 973-2020 #3320455. Transfer of Ownership Application, C1 C2 D6. Grass Ninja LLC, 3778 West 117th Street (Ward 11). Received.
File No. 974-2020 #0071205. Transfer of Ownership Application, D5A D6. AILCA Hospitality LLC, 4277 West 150th Street (Ward 16). Received.
Communications Official Proceedings – City Council December 4, 2020 The City Record 6
File No. 975-2020 #0993522. Transfer of Ownership Application, C1 C2. Brothers Grocery, Inc., 4050 West 140th Street (Ward 16). Received.
File No. 976-2020 #8869250. Transfer of Ownership Application, D2 D2X D3 D3A D6. Third Space Partners LLC, 668 Euclid Avenue (Ward 3). Received.
File No. 977-2020 #28508940005. Transfer of Ownership Application, C2 C2X. 4025 E131 Gas, Inc., 4025 East 131st Street (Ward 2). Received.
Communications Official Proceedings – City Council December 4, 2020 The City Record 7
Ordinances and Resolutions
First Reading Emergency Ordinances Referred
An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.
Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.
Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.
If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.
These ordinances were read for the first time on December 2, 2020, and referred to the appropriate City departments and Council Committees for review.
Click on an ordinance below to read it:
Ord. No. 933-2020 Ord. No. 943-2020 Ord. No. 953-2020
Ord. No. 934-2020 Ord. No. 944-2020 Ord. No. 954-2020
Ord. No. 935-2020 Ord. No. 945-2020 Ord. No. 955-2020
Ord. No. 936-2020 Ord. No. 946-2020 Ord. No. 956-2020
Ord. No. 937-2020 Ord. No. 947-2020 Ord. No. 957-2020
Ord. No. 938-2020 Ord. No. 948-2020 Ord. No. 966-2020
Ord. No. 939-2020 Ord. No. 949-2020
Ord. No. 940-2020 Ord. No. 950-2020
Ord. No. 941-2020 Ord. No. 951-2020
Ord. No. 942-2020 Ord. No. 952-2020
First Reading Emergency Ordinances Referred Official Proceedings – City Council December 4, 2020 The City Record 8
Ordinance No. 933-2020
By Council Member: Kelley (by departmental request)
An emergency ordinance to make additional appropriations of Twenty Million ($20,000,000) to the General Fund, Twelve Million ($12,000,000) to the Special Revenue Fund and Seven Hundred Thousand ($700,000) to the Internal Service Fund.
WHEREAS, it is necessary to appropriate balances in various funds, the sum of Thirty Two Million Seven Hundred Thousand ($32,700,000) which is available for additional appropriation; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That there is hereby appropriated the additional revenue as set forth in the Amended Official Certificate of Estimated Resources previously unappropriated as follows:
GENERAL FUND 20,000,000 SPECIAL REVENUE FUND 12,000,000 INTERNAL SERVICE FUND 700,000 TOTAL ALL FUNDS 32,700,000
GENERAL FUND
NONDEPARTMENTAL
Transfer to Other Funds 20,000,000 II Other Expenses 20,000,000
TOTAL NONDEPARTMENTAL 20,000,000
TOTAL GENERAL FUND 20,000,000
SPECIAL REVENUE FUND
DEPARTMENT OF PUBLIC WORKS
Division of Public Auditorium and Stadium-Stadium 12,000,000 II Other Expenses 12,000,000
TOTAL DEPARTMENT OF PUBLIC WORKS 12,000,000
First Reading Emergency Ordinances Referred Ord. No. 933-2020 Official Proceedings – City Council December 4, 2020 The City Record 9
TOTAL SPECIAL REVENUE FUND 12,000,000
INTERNAL SERVICE FUND
DEPARTMENT OF FINANCE
Telephone Exchange 700,000 II Other Expenses 700,000
TOTAL DEPARTMENT OF PUBLIC WORKS 700,000
TOTAL INTERNAL SERVICE FUND 700,000
TOTAL ALL FUNDS 32,700,000
Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Finance; and Law; Committee on Finance.
First Reading Emergency Ordinances Referred Ord. No. 933-2020 Official Proceedings – City Council December 4, 2020 The City Record 10
Ordinance No. 934-2020
By Council Member: Kelley (by departmental request)
An emergency ordinance to provide for the transfer and amendment to the General Fund appropriations in the amount of Eleven Million Seven Hundred Thirty-One Thousand Five Hundred ($11,731,500), One Hundred Twenty Thousand ($120,000) within the Special Revenue Fund and Eighty- Eight Thousand ($88,000) within the Internal Service Fund.
WHEREAS, in accordance with Section 41 of the Charter, the Mayor has recommended in writing the within transfer; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That to provide for the Transfer and Amendment to the General Fund appropriations in the amount of Eleven Million Seven Hundred Thirty-One Thousand Five Hundred ($11,731,500), One Hundred Twenty Thousand ($120,000) within the Special Revenue Fund and Eighty-Eight Thousand ($88,000) within the Internal Service Fund, as follows:
Transfer Transfer To From GENERAL FUND
GENERAL GOVERNMENT
Municipal Court - Judicial Division I Personnel and Related Expenses $ 1,500,000 II Other Expenses 650,000
Office of the Mayor I Personnel and Related Expenses 10,000 II Other Expenses 10,000
Board of Zoning Appeals I Personnel and Related Expenses 1,500 II Other Expenses 1,500
TOTAL GENERAL GOVERNMENT 661,500 1,511,500
First Reading Emergency Ordinances Referred Ord. No. 934-2020 Official Proceedings – City Council December 4, 2020 The City Record 11
DEPARTMENT OF HUMAN RESOURCES
Department of Human Resources II Other Expenses 400,000
TOTAL DEPARTMENT OF HUMAN RESOURCES 400,000
DEPARTMENT OF LAW
Department of Law I Personnel and Related Expenses 400,000 II Other Expenses 8,470,000
TOTAL DEPARTMENT OF LAW 8,470,000 400,000
DEPARTMENT OF FINANCE
Finance Administration I Personnel and Related Expenses 80,000 II Other Expenses 80,000
Division of Accounts I Personnel and Related Expenses 10,000
Division of Assessments and Licenses I Personnel and Related Expenses 400,000 II Other Expenses 450,000
Bureau of Internal Audit I Personnel and Related Expenses 125,000 II Other Expenses 400,000
Division of Information Systems Services I Personnel and Related Expenses 150,000 II Other Expenses 307,000
TOTAL DEPARTMENT OF FINANCE 397,000 1,605,000
DEPARTMENT OF PUBLIC HEALTH
Division of Health I Personnel and Related Expenses 120,000 II Other Expenses 120,000
First Reading Emergency Ordinances Referred Ord. No. 934-2020 Official Proceedings – City Council December 4, 2020 The City Record 12
Division of the Environment I Other Expenses 50,000
TOTAL DEPARTMENT OF PUBLIC HEALTH 120,000 170,000
DEPARTMENT OF PUBLIC SAFETY
Public Safety Administration I Personnel and Related Expenses 27,000 II Other Expenses 27,000
Division of Police I Personnel and Related Expenses 375,000 II Other Expenses 50,000
Division of Fire I Personnel and Related Expenses 1,500,000
Division of Emergency Medical Services I Personnel and Related Expenses 1,375,000
Division of Correction II Other Expenses 4,117,000
Office of Professional Standards I Personnel and Related Expenses 60,000 II Other Expenses 60,000
Police Review Board I Personnel and Related Expenses 1,000 II Other Expenses 1,000
Community Police Commission I Personnel and Related Expenses 35,000 II Other Expenses 35,000
Department of Justice I Personnel and Related Expenses 200,000 II Other Expenses 600,000
TOTAL DEPARTMENT OF PUBLIC SAFETY 1,673,000 6,790,000
DEPARTMENT OF PUBLIC WORKS
First Reading Emergency Ordinances Referred Ord. No. 934-2020 Official Proceedings – City Council December 4, 2020 The City Record 13
Division of Recreation I Personnel and Related Expenses 600,000 II Other Expenses 200,000
TOTAL DEPARTMENT OF PUBLIC WORKS 800,000
DEPARTMENT OF COMMUNITY DEVELOPMENT
Department of Community Development Director's Office I Personnel and Related Expenses 200,000 II Other Expenses 5,000
TOTAL DEPARTMENT OF COMMUNITY DEVELOPMENT 5,000 200,000
DEPARTMENT OF BUILDING AND HOUSING
Division of Code Enforcement I Personnel and Related Expenses 250,000
TOTAL DEPARTMENT OF BUILDING AND HOUSING 250,000
DEPARTMENT OF ECONOMIC DEVELOPMENT
Economic Development I Personnel and Related Expenses 5,000 II Other Expenses 5,000
TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT 5,000 5,000
TOTAL GENERAL FUND 11,731,500 11,731,500 SPECIAL REVENUE FUND
DEPARTMENT PUBLIC WORKS
Streets I Personnel and Related Expenses 120,000 II Other Expenses 120,000
TOTAL DEPARTMENT OF PUBLIC WORKS 120,000 120,000
TOTAL SPECIAL REVENUE FUNDS 120,000 120,000
INTERNAL SERVICE FUND
First Reading Emergency Ordinances Referred Ord. No. 934-2020 Official Proceedings – City Council December 4, 2020 The City Record 14
DEPARTMENT OF FINANCE
SINKING FUND I Personnel and Related Expenses 8,000 II Other Expenses 8,000
TOTAL DEPARTMENT OF FINANCE 8,000 8,000
DEPARTMENT OF PUBLIC WORKS
Motor Vehicle Maintenance I Personnel and Related Expenses 80,000 II Other Expenses 80,000
TOTAL DEPARTMENT OF PUBLIC WORKS 80,000 80,000
TOTAL INTERNAL SERVICE FUNDS 88,000 88,000
TOTAL ALL FUNDS 11,939,500 11,939,500
Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Finance; and Law; Committee on Finance.
First Reading Emergency Ordinances Referred Ord. No. 934-2020 Official Proceedings – City Council December 4, 2020 The City Record 15
Ordinance No. 935-2020
By Council Member: Kelley (by departmental request)
An emergency ordinance to make temporary appropriations for the current payrolls and other ordinary expenses of the City of Cleveland from the period from January 1, 2021, until the effective date of the annual appropriation ordinance for the fiscal year ending December 31, 2021.
WHEREAS, it is desired to postpone the passage of the annual appropriation ordinance until the amended certificate is received, based on the actual balances as the same may be determined by the Director of Finance and the County Budget Commission; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. To provide for the current payrolls, sinking fund and other ordinary expenses of the City of Cleveland for the period from January 1, 2021, until the effective date of the Annual Appropriation Ordinance for the fiscal year ending December 31, 2021, there be and there is hereby appropriated for the period from January 1, 2021, until the effective date of the Annual Appropriation Six Hundred Seventy-Nine Million, Eight Hundred Twenty-Three Thousand, Seven Hundred Ninety-One ($679,823,791) out of taxes due the City of Cleveland and any other revenues accrued or occurring during said period of time and said funds are respectively appropriated as follows:
GENERAL FUND Legislative Branch $2,856,547 Judicial Branch $15,181,016 Executive Branch General Government $7,508,487 Department of Aging $550,710 Department of Human Resources $1,251,932 Department of Community Development $730,318 Department of Law $5,255,178 Department of Finance $8,217,030 Department of Public Health $4,844,097 Department of Public Safety $107,914,375 Department of Public Works $31,337,804 Department of Building and Housing $4,221,371 Department of Economic Development $534,370 Nondepartmental $25,733,567
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 16
Total Executive Branch $198,099,239 TOTAL GENERAL FUND $216,136,802 Special Revenue Funds $72,634,884 Internal Service Funds $62,739,195 Enterprise Funds $293,880,706 Agency Funds $4,133,161 Debt Service Funds $30,299,043 TOTAL APPROPRIATIONS FOR 2021 $679,823,791
GENERAL FUND
LEGISLATIVE BRANCH
Council and Clerk of Council $2,856,547 I Personnel and Related Expenses $ 1,676,165 II Other Expenses 1,180,382
TOTAL LEGISLATIVE BRANCH $2,856,547
JUDICIAL BRANCH
Municipal Court - Judicial Division $9,913,795
I Personnel and Related Expenses $ 5,527,028 II Other Expenses 4,386,767
Municipal Court - Clerk's Division $3,808,356
I Personnel and Related Expenses $ 2,987,969 II Other Expenses 820,387
Municipal Court - Housing Division $1,458,865
I Personnel and Related Expenses $ 1,299,087 II Other Expenses 159,778
TOTAL JUDICIAL BRANCH $15,181,016
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 17
EXECUTIVE BRANCH
GENERAL GOVERNMENT
Office of the Mayor $758,538 I Personnel and Related Expenses $ 711,353 II Other Expenses 47,185
Office of Capital Projects $2,126,426 I Personnel and Related Expenses $ 1,706,055 II Other Expenses 420,371
Office of Quality Control & Performance Management $323,897 I Personnel and Related Expenses $ 308,132 II Other Expenses 15,765
Landmarks Commission $61,036 I Personnel and Related Expenses $ 56,186 II Other Expenses 4,850
Board of Building Standards and Appeals $48,457 I Personnel and Related Expenses $ 37,253 II Other Expenses 11,204
Board of Zoning Appeals $70,870 I Personnel and Related Expenses $ 60,275 II Other Expenses 10,595
Civil Service Commission $449,328 I Personnel and Related Expenses $ 211,701 II Other Expenses 237,627
Community Relations Board $752,469
I Personnel and Related Expenses $ 483,564 II Other Expenses 268,905
City Planning Commission $614,280
I Personnel and Related Expenses $ 507,302 II Other Expenses 106,978
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 18
Boxing and Wrestling Commission $7,666 I Personnel and Related Expenses $ 7,666
Office of Sustainability $348,425
I Personnel and Related Expenses $ 224,602 II Other Expenses 123,823
Office of Equal Opportunity $276,193
I Personnel and Related Expenses $ 203,905 II Other Expenses 72,288
Office of Prevention, Intervention and Opportunity $1,458,568
I Personnel and Related Expenses $ 329,968 II Other Expenses 1,128,600
Office of Budget & Management $212,334 I Personnel and Related Expenses $ 201,967 II Other Expenses 10,367
TOTAL GENERAL GOVERNMENT $7,508,487
DEPARTMENT OF AGING
Department of Aging $550,710 I Personnel and Related Expenses $ 343,973 II Other Expenses 206,737
TOTAL DEPARTMENT OF AGING $550,710
DEPARTMENT OF HUMAN RESOURCES
Department of Human Resources $1,251,932 I Personnel and Related Expenses $ 544,273 II Other Expenses 707,659
TOTAL DEPARTMENT OF HUMAN RESOURCES $1,251,932
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 19
DEPARTMENT OF COMMUNITY DEVELOPMENT
Division of Community Development $730,318 I Personnel and Related Expenses $ 117,521 II Other Expenses 612,797
TOTAL DEPARTMENT OF COMMUNITY DEVELOPMENT $730,318
DEPARTMENT OF LAW
Division of Law $5,255,178 I Personnel and Related Expenses $ 2,062,715 II Other Expenses 3,192,463
TOTAL DEPARTMENT OF LAW $5,255,178
DEPARTMENT OF FINANCE
Finance Administration $562,570 I Personnel and Related Expenses $ 325,819 II Other Expenses 236,751
Division of Accounts $822,326 I Personnel and Related Expenses $ 483,380 II Other Expenses 338,946
Division of Assessments and Licenses $1,738,820 I Personnel and Related Expenses $ 1,058,666 II Other Expenses 680,154
Division of Treasury $257,135 I Personnel and Related Expenses $ 183,743 II Other Expenses 73,392
Division of Purchases and Supplies $237,195 I Personnel and Related Expenses $ 223,484 II Other Expenses 13,711
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 20
Bureau of Internal Audit $439,579 I Personnel and Related Expenses $ 157,853 II Other Expenses 281,726
Division of Financial Reporting and Control $443,161 I Personnel and Related Expenses $ 427,567 II Other Expenses 15,594
Information Systems Services $3,716,244 I Personnel and Related Expenses $ 875,914 II Other Expenses 2,840,330
TOTAL DEPARTMENT OF FINANCE $8,217,030 DEPARTMENT OF PUBLIC HEALTH
Public Health Administration $1,159,784 I Personnel and Related Expenses $ 387,401 II Other Expenses 772,383
Division of Health $2,280,105 I Personnel and Related Expenses $ 783,386 II Other Expenses 1,496,719
Division of Environment $918,109 I Personnel and Related Expenses $ 511,567 II Other Expenses 406,542
Division of Air Quality $423,251 I Personnel and Related Expenses $ 161,682 II Other Expenses 261,569
Division of Health, Equity & Social Justice $62,848 I Personnel and Related Expenses $ 62,848
TOTAL DEPARTMENT OF PUBLIC HEALTH $4,844,097
DEPARTMENT OF PUBLIC SAFETY
Public Safety Administration $2,413,462 I Personnel and Related Expenses $ 1,136,343
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 21
II Other Expenses 1,277,119
Division of Police $62,762,198
I Personnel and Related Expenses $ 56,690,032 II Other Expenses 6,072,166
Division of Fire $27,878,252
I Personnel and Related Expenses $ 26,068,828 II Other Expenses 1,809,424
Division of Emergency Medical Services $10,134,149 I Personnel and Related Expenses $ 8,379,957 II Other Expenses 1,754,192
Division of Animal Control Services $959,849 I Personnel and Related Expenses $ 650,833 II Other Expenses 309,016
Division of Correction $1,743,141 I Personnel and Related Expenses $ 40,651 II Other Expenses 1,702,490
Office of Professional Standards $516,187 I Personnel and Related Expenses $ 364,967 II Other Expenses 151,220
Police Review Board $48,455 I Personnel and Related Expenses $ 46,159 II Other Expenses 2,296
Community Police Commission $185,430 I Personnel and Related Expenses $ 119,372 II Other Expenses 66,058
Police Inspector General $69,248 I Personnel and Related Expenses $ 63,188 II Other Expenses 6,060
Department of Justice $1,204,004 I Personnel and Related Expenses $ 453,854 II Other Expenses 750,150
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 22
TOTAL DEPARTMENT OF PUBLIC SAFETY $107,914,375
DEPARTMENT OF PUBLIC WORKS
Division of Public Works Administration $917,458 I Personnel and Related Expenses $ 828,797 II Other Expenses 88,661
Division of Recreation $6,136,619 I Personnel and Related Expenses $ 2,861,131 II Other Expenses 3,275,488
Division of Parking Facilities-On Street $293,610 I Personnel and Related Expenses $ 263,188 II Other Expenses 30,422
Division of Property Management $2,809,511 I Personnel and Related Expenses $ 1,700,507 II Other Expenses 1,109,004
Division of Park Maintenance and Properties $7,362,645 I Personnel and Related Expenses $ 2,864,618 II Other Expenses 4,498,027
Division of Waste $12,568,695 I Personnel and Related Expenses $ 4,503,504 II Other Expenses 8,065,191
Division of Traffic Engineering $1,249,266 I Personnel and Related Expenses $ 859,298 II Other Expenses 389,968
TOTAL DEPARTMENT OF PUBLIC WORKS $31,337,804
DEPARTMENT OF BUILDING AND HOUSING
Building and Housing Director’s Office $1,290,128
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 23
I Personnel and Related Expenses $ 747,747 II Other Expenses 542,381
Division of Code Enforcement $2,506,644 I Personnel and Related Expenses $ 2,382,585 II Other Expenses 124,059
Division of Construction Permit $424,599 I Personnel and Related Expenses $ 414,342 II Other Expenses 10,257
TOTAL DEPARTMENT OF BUILDING AND HOUSING $4,221,371
DEPARTMENT OF ECONOMIC DEVELOPMENT
Economic Development $534,370 I Personnel and Related Expenses $ 526,663 II Other Expenses 7,707
TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT $534,370
NONDEPARTMENTAL
County Auditor Deductions $510,000 II Other Expenses $ 510,000
Other Administrative $6,516,047 II Other Expenses $ 6,516,047
Transfers to Other Funds $18,707,520 II Other Expenses $ 18,707,520
TOTAL NONDEPARTMENTAL $25,733,567
TOTAL EXECUTIVE BRANCH $198,099,239
TOTAL GENERAL FUND $216,136,802
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 24
SPECIAL REVENUE FUND
Restricted Income Tax Fund $ 52,795,000
II Other Expenses $ 52,795,000
Street Construction, Maintenance & Repair Fund $13,924,432 I Personnel and Related Expenses $ 5,178,650 II Other Expenses 8,745,782
Division of Public Auditorium & Stadium- Stadium $5,915,452 II Other Expenses $ 5,915,452
TOTAL SPECIAL REVENUE FUNDS $72,634,884
INTERNAL SERVICE FUND
Sinking Fund Commission $305,675 I Personnel and Related Expenses $ 61,487 II Other Expenses 244,188
Information Systems Services-Telephone Exchange $4,851,083 I Personnel and Related Expenses $ 402,098 II Other Expenses 4,448,985
Health Self Insurance $37,012,119 II Other Expenses $ 37,012,119
Prescription Self Insurance $7,400,627 II Other Expenses $ 7,400,627
Division of Motor Vehicle Maintenance $8,108,519 I Personnel and Related Expenses $ 1,872,273 II Other Expenses 6,236,246
Division of Printing and Reproduction $983,414
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 25
I Personnel and Related Expenses $ 294,418 II Other Expenses 688,996
City Storeroom and Central Warehouse $205,909 I Personnel and Related Expenses $ 17,829 II Other Expenses 188,080
Radio $3,871,849 I Personnel and Related Expenses $ 211,682 II Other Expenses 3,660,167
TOTAL INTERNAL SERVICE FUNDS $62,739,195
ENTERPRISE FUND
DEPARTMENT OF PUBLIC UTILITIES
Utilities Administration $2,514,047 I Personnel and Related Expenses $ 1,933,456 II Other Expenses 580,591
Division of Fiscal Control $2,681,338 I Personnel and Related Expenses $ 2,031,211 II Other Expenses 650,127
Division of Water $127,103,902 I Personnel and Related Expenses $ 25,908,175 II Other Expenses 101,195,727
Division of Water Pollution Control $11,963,616 I Personnel and Related Expenses $ 3,280,288 II Other Expenses 8,683,328
Division of Cleveland Public Power $80,852,573 I Personnel and Related Expenses $ 7,844,937 II Other Expenses 73,007,636
TOTAL DEPARTMENT OF PUBLIC UTILITIES $225,115,476
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 26
DEPARTMENT OF PORT CONTROL
Divisions of Cleveland Hopkins & Burke Lakefront Airports - Operations $60,822,498 I Personnel and Related Expenses $ 9,182,985 II Other Expenses 51,639,513
TOTAL DEPARTMENT OF PORT CONTROL $60,822,498
DEPARTMENT OF PUBLIC WORKS
Division of Cemeteries $701,677 I Personnel and Related Expenses $ 375,820 II Other Expenses 325,857
Golf Course Fund $852,553 II Other Expenses 852,553
Division of Parking Facilities-Off Street Parking $4,169,271 I Personnel and Related Expenses $ 344,907 II Other Expenses 3,824,364
Division of Public Auditorium $1,205,287 I Personnel and Related Expenses $ 362,317 II Other Expenses 842,970
Division of West Side Market $1,013,944 I Personnel and Related Expenses $ 134,953 II Other Expenses 878,991
TOTAL DEPARTMENT OF PUBLIC WORKS $7,942,732
TOTAL ENTERPRISE FUNDS $293,880,706
AGENCY FUND
Central Collection Agency $4,133,161
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 27
I Personnel and Related Expenses $ 2,458,761 II Other Expenses 1,674,400
TOTAL AGENCY FUND $4,133,161
DEBT SERVICE FUND
Sinking Fund Commission $30,299,043
III Debt Service $ 30,299,043
TOTAL DEBT SERVICE FUND $30,299,043
Section 2. That all expenditures and payments made under and pursuant to the ordinance appropriating such sum or sums of money shall be charged against the annual appropriation ordinance for the fiscal year ending December 31, 2021, when such appropriation ordinance shall become effective, and to the various departments and divisions and payment of whose officers and employees and operating expenses such sum or sums of money hereunder shall then have paid out or expended. Provided, however, that no payment shall be made under the authority of this ordinance after the effective date of said Annual Appropriation Ordinance for the fiscal year ending December 31, 2021.
Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Finance; and Law; Committee on Finance.
First Reading Emergency Ordinances Referred Ord. No. 935-2020 Official Proceedings – City Council December 4, 2020 The City Record 28
Ordinance No. 936-2020
By Council Members: Santana, Brancatelli and Kelley (by departmental request)
An emergency ordinance approving that the Cleveland Citywide Development Corporation, or its designee, may enter into at least three partially forgivable separate loan contracts with Metro West Community Development Organization, or its designee, to rehabilitate at least three vacant single-family homes on scattered sites within the Clark-Fulton neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017.
WHEREAS, under Ordinance No. 563-17, passed August 16, 2017, this Council authorized the Directors of Community Development and/or Economic Development to enter into an agreement with Cleveland Citywide Development Corporation, or its designees (“CCDC”), to implement several programs in order to improve housing opportunities in the neighborhoods of the City of Cleveland; and
WHEREAS, in 2018, the City entered into a Fund Administration Agreement with CCDC to create several funds to implement housing programs; and
WHEREAS, through the Fund Administration Agreement and this authorizing legislation, the City approves CCDC entering into at least three (3) partially forgivable separate loan agreements Metro West Community Development Organization, or its designee (“Metro West”) to rehabilitate at least three (3) vacant single-family homes on scattered sites within the Clark-Fulton neighborhood, and other associated costs necessary to redevelop the property; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That, through the Fund Administration Agreement authorized under Ordinance No. 563-17, passed August 16, 2017 and this authorizing legislation, the Director of Economic Development is authorized to approve one or more partially forgivable separate loan agreements from CCDC to Metro West for the rehabilitation of at least three (3) vacant single-family homes on scattered sites within the Clark-Fulton neighborhood, and other associated costs necessary to redevelop the properties.
Section 2. That the Executive Summary for the loans, File No. 936-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be materially changed without additional legislative authority.
First Reading Emergency Ordinances Referred Ord. No. 936-2020 Official Proceedings – City Council December 4, 2020 The City Record 29
Section 3. That the costs of each partially forgivable separate loan agreement shall not exceed $85,000 maximum, and the lump cost of the separate loan agreements shall not exceed $250,000 maximum, and shall be paid from Fund No. 20 SF 567 as identified in Ordinance No. 563-17, passed August 16, 2017.
Section 4. That the contract and other appropriate documents needed to complete the transaction authorized by this legislation shall be reviewed and approved by the Directors of Economic Development and Law.
Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Economic Development; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 936-2020 Official Proceedings – City Council December 4, 2020 The City Record 30
Ordinance No. 937-2020
By Council Members: Kazy and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Utilities to enter into one or more agreements with Cuyahoga County to design, reconstruct and attach a new trunk main to the new Hilliard Road bridge over the Rocky River as part of the County’s bridge reconstruction project; and to provide a pre-payment or reimburse the County for the City’s share of the improvement.
WHEREAS, the City of Cleveland, Division of Water has a trunk main attached to the Hilliard Road bridge over the Rocky River; and
WHEREAS, the County is planning to demolish and replace the bridge as part of the County’s bridge reconstruction project; and
WHEREAS, design for the bridge is scheduled to start in 2021 and the bridge reconstruction in 2023; and
WHEREAS, the Division of Water’s trunk main will need to be reconstructed and re- attached to the new bridge; and
WHEREAS, having the County perform the work during their reconstruction of the bridge will avoid coordination issues and delays, provide shared cost savings, and result in less disruption to the public during the work; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That, notwithstanding any Codified Ordinance to the contrary, the Director of Public Utilities is authorized to enter into one or more agreements with the County to design, reconstruct and attach a new trunk main to the new Hilliard Road bridge over the Rocky River as part of the County’s bridge reconstruction project.
Section 2. That the agreement or agreements shall be prepared by the Director of Law.
Section 3. That, upon execution of the agreement authorized above, the Director of Public Utilities is authorized to reimburse or provide pre-payment to the County to design, reconstruct and attach a trunk main to the new Hilliard Road bridge over the Rocky River, for related Division of Water costs for the trunk main, and other expenditures, in an estimated amount of $1,300,000, payable from Fund No. 52 SF 001,
First Reading Emergency Ordinances Referred Ord. No. 937-2020 Official Proceedings – City Council December 4, 2020 The City Record 31 from the fund or funds to which are credited any future bonds if issued for this purpose, and any other fund approved by the Director of Finance. (RQS 2002, RL 2020-96)
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Utilities; Finance; and Law; Committees on Utilities; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 937-2020 Official Proceedings – City Council December 4, 2020 The City Record 32
Ordinance No. 938-2020
By Council Members: Cleveland, Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Port Control to enter into an agreement with the Greater Cleveland Sports Commission to implement and manage the demolition and removal of Docks 30 and 32 warehouses and demolition-related remediation to the site which is needed to stage the 2021 NFL Draft at North Coast Harbor; and to amend Section 2 of Ordinance No. 1028-18, passed January 11, 2019, relating to major events to add the Department of Port Control to the list of departments that may apply for and accept gifts and grants and enter into agreements relative to an event being held on their property.
WHEREAS, the City owns Docks 30 and 32 warehouses located at 101 and 103 Erieside Avenue (“Warehouses”) located north of FirstEnergy Stadium which are currently used to store material and equipment used by the City and the Cleveland Browns; and
WHEREAS, combined, the Warehouses total square footage is approximately 118,000 square feet; and
WHEREAS, demolishing and removing the Warehouses and conducting demolition- related remediation of the site is necessary to stage the 2021 NFL Draft in April and will create additional parking spaces, which in the interim will generate additional revenue for the Harbors Division to fund the implementation of the North Coast Harbor improvement plan; and
WHEREAS, selection of the NFL Draft sponsor, the Greater Cleveland Sports Commission, to implement and manage the demolition, removal, and conducting demolition-related remediation is advisable due to their familiarity with the site plans, the NFL’s needs to conduct the draft, and the ability to deliver the demolition, removal, and demolition-related site remediation under an expedited timeframe; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Port Control is authorized to enter into an agreement with the Greater Cleveland Sports Commission to implement and manage the demolition and removal of Docks 30 and 32 warehouses and demolition-related remediation to the site, including but not limited to, ensuring proper drainage, maintaining existing utility infrastructure, and repairing/regrading of pavement which is needed to stage the 2021 NFL Draft at North Coast Harbor. The agreement shall be
First Reading Emergency Ordinances Referred Ord. No. 938-2020 Official Proceedings – City Council December 4, 2020 The City Record 33 prepared by the Director of Law and shall contain such additional provisions that are necessary to protect and benefit the City of Cleveland.
Section 2. That the cost of the agreement shall not exceed $1,000,000 and shall be paid from Fund No. 01-9997-6985, RQS 3001, RL 2020-116.
Section 3. That Section 2 of Ordinance No. 1028-18, passed January 14, 2019, is amended to read as follows:
Section 2. (a) That the agreement or agreements shall include one or more of the following provisions notwithstanding any ordinance provision to the contrary:
(1) That City-owned facilities, including Public Hall, the public areas of City Hall, Malls A, B and C, the City-owned lakefront parking lots, Public Square, and the North Coast Marina, may be made available as needed as a venue for official activities associated with the event, as an in-kind contribution on terms acceptable to the Director of Public Works or such other director having management responsibility for the facility;
(2) That the City will expedite the review and approval process for all licenses, permits, approvals, reviews, variances and inspections required by the laws of the City as needed for the event and related activities;
(3) That the City will provide security, traffic control and related protective services as required by the event security and traffic plan;
(4) That the City will cooperate with the implementation of a comprehensive technology and telecommunications services plan for the event and provide access as determined appropriate by the directors of the affected departments;
(5) That the City may issue the necessary permits required for the hanging or display of banners and other signage related to event on City rights-of-way and City-owned property and expedite the review and permit approval process for a comprehensive general signage plan for the temporary display of signage in support of the event within the Central Business District, Hopkins Airport and the major routes into the City, in accordance with a plan proposed by the local organizing committee and/or sponsor of the event and approved by the directors of the affected departments;
(6) That the local organizing committee and/or the sponsor of the event agrees to secure all necessary permits and consents and pay the City’s standard permitting fees as required for the event and related activities;
(7) That the local organizing committee and/or the sponsor of the event agrees to reimburse the City for reasonable, anticipated costs unrelated to the provision of the City’s standard municipal services and not covered by grants, gifts or other sources of funds accepted in support of the City’s hosting the event;
First Reading Emergency Ordinances Referred Ord. No. 938-2020 Official Proceedings – City Council December 4, 2020 The City Record 34
(8) That the local organizing committee and/or the sponsor of the event shall comply with all applicable laws governing the reporting and remitting of taxes to the City; and
(9) That the City will work in partnership with the local organizing committee and/or the sponsor of the event in all of its activities related to the event and related activities.
(b) Notwithstanding any Code provisions or ordinances to the contrary, the Director of Port Control is authorized to enter into one or more agreements with the local organizing committee and/or sponsor for the use of airport and lakefront property under the Director’s management, including the Burke Lakefront Airport parking areas, as needed for the event related activities on terms acceptable to the director.
(c) The Director of Public Utilities is authorized to enter into one or more agreements with the local organizing committee and/or sponsor to provide utility services during the event and related activities in accordance with the standard terms and conditions of the City’s utilities.
(d) The Directors of Public Works, Port Control, Public Safety, Building and Housing, Capital Projects, and Finance as applicable to the duties of their respective departments, are authorized to apply for and accept any gifts or grants from public or private entities for the purpose of effectuating the City’s responsibilities related to the hosting of the event. The appropriate director is further authorized to file all papers and execute all documents necessary to receive the funds accepted under this ordinance, and upon acceptance of the funds by the appropriate director, they shall be appropriated for the purposes set forth in this ordinance.
(e) The Directors of Public Works, Port Control, Public Safety, Building and Housing, and Capital Projects, as applicable to the duties of their respective departments, are authorized to enter into one or more agreements with the State of Ohio, the Greater Cleveland Regional Transit Authority, Cuyahoga County, the Gateway Development Corporation, the Cleveland-Cuyahoga County Port Authority, and any other entity involved in the event as needed to effectuate the purposes of this ordinance.
(f) Any agreements authorized by this ordinance shall be approved by the Director of Law and contain such terms and conditions as necessary to protect the public interest consistent with the purposes of this ordinance.
(g) The cost of any expenditures incurred under this ordinance, including the cost of all contracts, shall be paid from the fund or funds to which are credited any grant funds or gifts received under this ordinance, and from any other funds that are appropriated for this purpose as determined by the Director of Finance.
Section 4. That existing Section 2 of Ordinance No. 1028-18, passed January 14, 2019, is repealed.
First Reading Emergency Ordinances Referred Ord. No. 938-2020 Official Proceedings – City Council December 4, 2020 The City Record 35
Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Port Control; City Planning Commission; Finance; and Law; Committees on Transportation; Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 938-2020 Official Proceedings – City Council December 4, 2020 The City Record 36
Ordinance No. 939-2020
By Council Members: Johnson and Kelley (by departmental request)
An emergency ordinance to amend the title and Section 8 of Ordinance No. 485-2020, passed June 3, 2020, relating to authorizing the Director of Public Safety to apply for and accept the Operation Relentless Pursuit Program grant to add a contract with KG Automotive, LLC for the purpose of used vehicles which will be used for the grant purposes.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the title and Section 8 of Ordinance No. 485-2020, passed June 3, 2020, are amended to read as follows:
An Emergency Ordinance authorizing the Director of Public Safety to apply for and accept a grant from the United States Department of Justice, Bureau of Justice Assistance for the Operation Relentless Pursuit Program; authorizing the purchase by one or more requirement contracts of materials, equipment, supplies, or services needed and authorizing the director to enter into one or more contracts with various agencies or entities to implement the grant; and authorizing the Director of Public Works to enter into contract with KG Automotive, LLC for the purchase of used vehicles.
Section 8. That the costs of the contract or contracts authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance. RQS 6002, RL 2020-110
Section 2. That the existing title and Section 8 of Ordinance No. 485-2020, passed June 3, 2020, are repealed.
Section 3. That Ordinance No. 485-2020, passed June 3, 2020, is supplemented by adding new Section 4a. to read as follows:
Section 4a. That this Council determines that the within commodities are non- competitive and cannot be secured from any source other than KG Automotive, LLC aka Ken Ganley Chrysler Dodge Jeep Ram (“Ken Ganley”). Therefore the Director of Public Works is authorized to make one or more written contracts with Ken Ganley on the basis of its proposal dated November 25, 2020, in an amount up to $250,000 for the purchase of used vehicles, to be purchased by the Commissioner of Purchases and Supplies, for the Division of Motor Vehicle Maintenance, Department of Public Works.
First Reading Emergency Ordinances Referred Ord. No. 939-2020 Official Proceedings – City Council December 4, 2020 The City Record 37
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 939-2020 Official Proceedings – City Council December 4, 2020 The City Record 38
Ordinance No. 940-2020
By Council Members: McCormack and Kelley (by departmental request)
An emergency ordinance authorizing the Director Aging to enter into an amendment to Contract No. PS 2019-070 with Community Housing Solutions to develop, operate and implement the Age Friendly Home Investment Program.
WHEREAS, under Ordinance No. 675-18, passed June 4, 2018, as amended by Ordinance No. 1215-2019, passed December 2, 2019, this Council authorized the Director of Aging to enter into Contract No. PS 2019-070, with Community Housing Solutions (“CHS”) to develop, operate and implement the Age Friendly Home Investment Program which provides home repairs to seniors; and
WHEREAS, an amendment to the contract is necessary to provide that the compensation to CHS shall not exceed certain dollar limits in the first and second option years so that additional funding is available now for needed repairs for seniors; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Aging is authorized to enter into an amendment to Contract No. PS 2019-070 with CHS to develop, operate and implement the Age Friendly Home Investment Program to provide that the compensation to CHS shall not exceed $1,775,000 in the first option year and shall not exceed $2,125,000 in the second option year. All other terms and conditions contained in the contract shall remain the same.
Section 2. That the amendment shall be prepared by the Director of Law.
Section 3. That the costs of the contract amendment shall be paid from funds approved by the Director of Finance.
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Aging; Finance; and Law; Committees on Health and Human Services; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 940-2020 Official Proceedings – City Council December 4, 2020 The City Record 39
Ordinance No. 941-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the Ohio Office of Criminal Justice Services for the FY 20 State Byrne Memorial Justice Assistance Grant for the operation of the Northern Ohio Law Enforcement Task Force (NOLETF); and authorizing the Director to enter into agreements with various municipalities, Cuyahoga County, and police agencies needed to implement the grant.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the approximate amount of $150,000.00, and any other funds that may become available during the grant term from the Ohio Office of Criminal Justice Services to conduct the FY 20 State Byrne Memorial Justice Assistance Grant for the Northern Ohio Law Enforcement Task Force (NOLETF) Program; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the application for the grant contained in the file described below.
Section 2. That the application for the grant, File No. 941-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.
Section 3. That the Director of Public Safety is authorized to extend the term of the grant during the grant term.
Section 4. That the Director of Public Safety is authorized to enter into any agreements with the City of Lakewood, the Village of Moreland Hills, Cuyahoga County Sheriff’s Office, and Greater Cleveland Regional Transit Authority and Cuyahoga Metropolitan Housing Authority’s police departments to implement the grant as described in the file.
Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
First Reading Emergency Ordinances Referred Ord. No. 941-2020 Official Proceedings – City Council December 4, 2020 The City Record 40
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 941-2020 Official Proceedings – City Council December 4, 2020 The City Record 41
Ordinance No. 942-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the United States Department of Justice’s Bureau of Justice Assistance for the FY 2020 Byrne Justice Assistance Grant Local Solicitation; and authorizing one or more contracts with Cuyahoga County and the cities of East Cleveland, Cleveland Heights, Euclid, and Parma needed to implement the grant.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the approximate amount of $582,261, and any other funds that may become available during the grant term from the United States Department of Justice’s Bureau of Justice Assistance to conduct the FY 2020 Byrne Justice Assistance Grant (JAG) Local Solicitation; that the director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the program narrative for the grant contained in the file described below.
Section 2. That the program narrative, File No. 942-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.
Section 3. That the Director of Public Safety shall have the authority to extend the term of the grant during the grant term.
Section 4. That the Director of Public Safety is authorized to enter into one or more contracts with Cuyahoga County and the cities of East Cleveland, Cleveland Heights, Euclid, and Parma needed to implement the grant as described in the file.
Section 5. That, unless expressly prohibited by the grant agreement, under division (b) of Section 108 of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Public Safety may sign all documents and do all things that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
Section 6. That the costs of the contracts authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance.
First Reading Emergency Ordinances Referred Ord. No. 942-2020 Official Proceedings – City Council December 4, 2020 The City Record 42
Section 7. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 942-2020 Official Proceedings – City Council December 4, 2020 The City Record 43
Ordinance No. 943-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the Ohio Office of Criminal Justice Services for the FY 19 Ohio Drug Law Enforcement Fund grant for the operation of the Northern Ohio Law Enforcement Task Force; and authorizing the Director to enter into agreements with the Cuyahoga County Sheriff’s Office and other entities to implement the grant.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the approximate amount of $249,999.75, and any other funds that may become available during the grant term from the Ohio Office of Criminal Justice Services to conduct the FY 19 Ohio Drug Law Enforcement Fund grant for the operation of the Northern Ohio Law Enforcement Task Force (NOLETF); that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the application for the grant contained in the file described below.
Section 2. That the application for the grant, presented to the Finance Committee of this Council at a public hearing on this legislation and set forth in File No. 943-2020-A, is made a part of this ordinance as if fully rewritten, including the obligation of the City of Cleveland to provide cash matching funds in the sum of $83,333.25 from Fund No. 01-6002-6397, are approved in all respects, and shall not be changed without additional legislative authority. (RQS 6002, RL 2020-108)
Section 3. That the Director of Public Safety is authorized to extend the term of the grant during the grant term.
Section 4. That the Director of Public Safety is authorized to enter into any agreements with the Cuyahoga County Sheriff’s Office, City of Lakewood Police, Village of Moreland Hills Police, City of Bedford Police, Cuyahoga Metropolitan Housing Authority Police Department, and the Greater Cleveland Regional Transit Authority Police Department, to implement the grant as described in the file.
Section 5. That, unless expressly prohibited by the grant agreement, under division (b) of Section 108 of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Public Safety may sign all documents and do all things that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected
First Reading Emergency Ordinances Referred Ord. No. 943-2020 Official Proceedings – City Council December 4, 2020 The City Record 44 through that cooperative process. The contracts will be paid from the fund or funds to which are credited any grant funds accepted under this ordinance.
Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 943-2020 Official Proceedings – City Council December 4, 2020 The City Record 45
Ordinance No. 944-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the Ohio Office of Criminal Justice Services for the FY 19 Project Safe Neighborhoods Grant to fund the Police Homicide Review Commission; and authorizing one or more contracts with the Cuyahoga County Prosecutor’s Office to implement the grant.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the approximate amount of $20,374.95 and any other funds that may become available during the grant term from the Ohio Office of Criminal Justice Services to conduct the FY 19 Project Safe Neighborhoods (PSN) Grant to fund the Police Homicide Review Commission; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the detailed program summary for the grant contained in the file described below.
Section 2. That the detailed program summary for the grant, File No. 944-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.
Section 3. That the Director of Public Safety shall have the authority to extend the term of the grant during the grant term.
Section 4. That the Director of Public Safety is authorized to enter into one or more contracts with the Cuyahoga County Prosecutor’s Office to implement the grant as described in the file.
Section 5. That the costs of the contracts authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance.
Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
First Reading Emergency Ordinances Referred Ord. No. 944-2020 Official Proceedings – City Council December 4, 2020 The City Record 46
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 944-2020 Official Proceedings – City Council December 4, 2020 The City Record 47
Ordinance No. 945-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the Ohio Office of Criminal Justice Services for the FY 2020 State Byrne Memorial Justice Assistance Grant (JAG) for the Northern Ohio Violent Crime Consortium (NOVCC) Program; and authorizing the Director to enter into one or more contracts implement the grant.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the approximate amount of $130,984, and any other funds that may become available during the grant term from the Ohio Office of Criminal Justice Services to conduct the FY 2020 State Byrne Memorial Justice Assistance Grant (JAG) for the Northern Ohio Violent Crime Consortium (NOVCC) Program; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the application for the grant contained in the file described below.
Section 2. That the application for the grant, File No. 945-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.
Section 3. That the Director of Public Safety is authorized to extend the term of the grant during the grant term
Section 4. That the Director of Public Safety is authorized to enter into one or more contracts with Elsie Day, Esq., Jamie Roush and LexisNexis to implement the grant as described in the file.
Section 5. That, unless expressly prohibited by the grant agreement, under division (b) of Section 108 of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Public Safety may sign all documents and do all things that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
Section 6. That the costs of the contract or contracts authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance.
First Reading Emergency Ordinances Referred Ord. No. 945-2020 Official Proceedings – City Council December 4, 2020 The City Record 48
Section 7. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 945-2020 Official Proceedings – City Council December 4, 2020 The City Record 49
Ordinance No. 946-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the Ohio Department of Public Safety for the FY 2021 Impaired Driving Enforcement Program and Selective Traffic Enforcement Program (IDEP/STEP) Program.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the approximate amount of $60,882.57, and any other funds that may become available during the grant term from the Ohio Department of Public Safety to conduct the FY 2021 Impaired Driving Enforcement Program and Selective Traffic Enforcement Program (IDEP/STEP) Program; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the IDEP/STEP Proposal 2021 for the grant contained in the file described below.
Section 2. That IDEP/STEP Proposal 2021 for the grant, File No. 946-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.
Section 3. That the Director of Public Safety is authorized to extend the term of the grant.
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 946-2020 Official Proceedings – City Council December 4, 2020 The City Record 50
Ordinance No. 947-2020
By Council Members: Griffin and Kelley (by departmental request)
An emergency ordinance authorizing the Directors of Public Safety or Law to apply for and accept grants from the County Public Safety and Justice Services for the FY 2020 Violence Against Women Act (VAWA) program for a sexual assault advocate and for the Law Enforcement and Prosecution components of the Cleveland Domestic Violence Program; and authorizing one or more contracts with Cuyahoga County, the Cleveland Rape Crisis Center, and other entities to implement the grants.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the estimated amount of $41,831.25, and any other funds that may become available during the grant term, from the County Public Safety and Justice Services to conduct the FY 2020 Violence Against Women Act (VAWA) grant for a sexual assault advocate under the Cleveland Domestic Violence Program; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the detailed budget application contained in the file described below.
Section 2. That it is an obligation of the City of Cleveland to provide cash matching funds in the estimated sum of $13,943.75 from Fund No. 01-6002-6397 in order for the Department of Public Safety to receive the grant for a sexual assault advocate under the Cleveland Domestic Violence Program.
Section 3. That the Director of Public Safety is authorized to apply for and accept a grant in the estimated amount of $94,763.66 and any other funds that may become available during the grant term from the County Public Safety and Justice Services to conduct the FY 2020 Violence Against Women Act (VAWA) grant for the Cleveland Domestic Violence Program – Law Enforcement; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the detailed budget application for the grant contained in the file described below.
Section 4. That it is an obligation of the City of Cleveland to provide cash matching funds in the estimated sum of $31,587.89 from Fund No. 01-6002-6397 in order for the Department of Public Safety to receive the grant for the Cleveland Domestic Violence Program – Law Enforcement.
First Reading Emergency Ordinances Referred Ord. No. 947-2020 Official Proceedings – City Council December 4, 2020 The City Record 51
Section 5. That the Director of Law is authorized to apply for and accept a grant in the approximate amount of $136,594.91, and any other funds that may become available during the grant term, from the County Public Safety and Justice Services, to conduct the FY 2020 Cleveland Domestic Violence Program, for the purposes set forth in the application and according thereto; that the Director of Law is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes set forth in the narrative and subgrant application title page for the grant.
Section 6. That it is an obligation of the City of Cleveland to provide cash matching funds in the sum of $45,531.64 from Fund No. 01-1001-6397 in order for the Department of Law to receive the grant for the Cleveland Domestic Violence Program – Prosecution.
Section 7. That the files for the grants, File No. 947-2020-A, are made a part of this ordinance as if fully rewritten and shall not be changed without additional legislative authority.
Section 8. That the Director of Public Safety or Law is authorized to extend the term of the grants during the grant terms.
Section 9. That the Director of Public Safety or Law is authorized to enter into one or more contracts with or make payments to the Cleveland Rape Crisis Center, County of Cuyahoga, or with any other entities or agencies to implement the grants as described in the file.
Section 10. That the costs of the contract or contracts authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance and the cash matches. (RQS 6002, RL 2020-106 - Sexual Assault Advocate; RQS 6002, RL 2020-105 – Law Enforcement; RQS 1001, RL 2020-114 - Prosecution)
Section 11. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 947-2020 Official Proceedings – City Council December 4, 2020 The City Record 52
Ordinance No. 948-2020
By Council Members: Santana, Johnson, Brancatelli and Kelley (by departmental request)
An emergency ordinance giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to construct safety improvements on Interstate 71; and authorizing the Director of Capital Projects to enter into any relative agreements.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That it is declared to be in the public interest that the consent of the City of Cleveland is given to the Director of Transportation of the State of Ohio (“the State”) to construct the following improvement under plans, specifications, and estimates approved by the State: revise the configuration of the collector-distributor road just south of the Interstate 90 ramp merge to I-71 southbound three lanes and SR 176 southbound access; improve the ramp from Valentine Avenue/West 14th Street to southbound SR 176 to mitigate capacity constraints to the north; and reconstruct or revise overhead guide signs on the improved collector-distributor road, PID 110851 (the “Improvement”).
Section 2. That the City gives its consent to the Improvement and its administration by the Director of Transportation provided that this ordinance shall not be construed to impose any financial obligation on the City for the Improvement. The City shall cooperate with the State in the development and construction of the Improvement and shall enter into a LPA Federal ODOT Let Project Agreement, if applicable, as well any other agreements necessary to develop and construct the Project. However, the City agrees to assume and contribute 100% of the cost of any item, included in the construction contracts at the request of the City, which are determined by the Director of Transportation and Federal Highway Administration to be ineligible or unnecessary for the Improvement.
Section 3. Authority to Sign. The City authorizes the Director of Capital Projects to enter into and execute contracts with the Director of Transportation which are necessary to develop plans for and to complete the Improvement; and to execute contracts with ODOT pre-qualified consultants for the preliminary engineering of the Improvement. Upon request of ODOT, the Director of Capital Projects is also empowered to execute any appropriate documents to affect the assignment of all rights, title and interests of the City to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.
First Reading Emergency Ordinances Referred Ord. No. 948-2020 Official Proceedings – City Council December 4, 2020 The City Record 53
Section 4. Utilities and Right-of-Way Statement. That the City agrees that all right-of-way required for the Improvement will be acquired and/or made available in accordance with current State and Federal regulations. The City also understands that right-of-way costs include eligible utility costs. The City agrees that all utility accommodation, relocation, and reimbursement will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.
Section 5. Maintenance. That upon completion of the Improvement, and unless otherwise agreed, the City shall (1) provide adequate maintenance for the Improvement in accordance with all applicable State and Federal law, including, but not limited to, Title 23, U.S.C., Section 116; (2) provide ample financial provisions, as necessary, for the maintenance of the Improvement; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said right-of way inviolate for public highway purposes.
Section 6. That this Council requests ODOT to proceed with the Improvement.
Section 7. That the Director of Capital Projects is authorized to enter into any agreements necessary to implement the Improvement.
Section 8. That the Clerk of Council is authorized and directed to transmit to the State three (3) certified copies of this ordinance immediately on its taking effect, and it shall become the basis for proceeding with the Improvement.
Section 9. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 948-2020 Official Proceedings – City Council December 4, 2020 The City Record 54
Ordinance No. 949-2020
By Council Members: B. Jones, Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Community Development to enter into a development agreement with Frontline Development Group, LLC, or their designee, for the sale and redevelopment of City-owned properties currently in the City’s Land Reutilization Program which are located in The Allen Estates Development site plan; and authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use.
WHEREAS, the City of Cleveland adopted and implemented procedures under Chapter 5722 of the Ohio Revised Code to facilitate reutilization of nonproductive lands situated within the City of Cleveland; and
WHEREAS, real property acquired under the City's Land Reutilization Program is acquired, held, administered and disposed of by the City of Cleveland through its Department of Community Development under the terms of Chapter 5722 of the Ohio Revised Code and Section 183.021 of Codified Ordinances of the City of Cleveland, 1976; and
WHEREAS, the Director of Community Development has requested the sale of City- owned properties currently in the City’s Land Reutilization Program to Frontline Development Group, LLC, or their designee (the “Redeveloper”), no longer needed for public use and located in The Allen Estates Development site plan for the purpose of developing single-family and multi-family residential units, townhouse units, apartment units, and retail space; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Community Development is authorized to enter into a development agreement with the Redeveloper for the sale and private redevelopment of City-owned properties currently in the Land Reutilization Program which are located in The Allen Estates Development site plan.
Section 2. That notwithstanding and as an exception to the provisions of Chapter 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, it is found and determined that the following described properties are no longer needed for public use: Permanent Parcel Nos. 106-08-001 to 106-08-006, 106-08-008 to 106-08-019, 106-08-032, 106- 08-033, 106-08-123, 106-12-001, 106-12-003, 106-12-004, 106-12-042, 106-12-043, 106-12-044, 106-08-045, 106-12-047, 106-12-048, 106-08-049, 106-08-050, 106-08- 052, 106-08-053, 106-08-058, 106-08-074, 106-08-075, and 106-12-040.
First Reading Emergency Ordinances Referred Ord. No. 949-2020 Official Proceedings – City Council December 4, 2020 The City Record 55
Section 3. That by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to sell the above-described properties to the Redeveloper at a price not less than fair market value as determined by the Board of Control, taking into account all restrictions, reversionary interests, and similar encumbrances as may be placed by the City of Cleveland in the deeds of conveyance.
Section 4. That the conveyance shall be made by official deed prepared by the Director of Law and executed by the Mayor on behalf of the City of Cleveland. The deed shall contain necessary provisions, including the development agreement, and restrictive reversionary interests as may be specified by the Board of Control or Director of Law, which shall protect the City’s interests and shall specifically contain a provision against the erection of any advertising signs or billboards except permitted identification signs.
Section 5. That the Director of Community Development is authorized to enter into any related agreements or execute any documents necessary to effectuate this ordinance.
Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Community Development; City Planning Commission; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 949-2020 Official Proceedings – City Council December 4, 2020 The City Record 56
Ordinance No. 950-2020
By Council Members: Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with JumpStart Inc., or its designee, to assist with operating expenses associated with providing technical and financial assistance to Cleveland businesses.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Economic Development is authorized to enter into a grant agreement with JumpStart Inc., or its designee, to provide economic development assistance to assist with operating expenses associated with providing technical and financial assistance to Cleveland businesses.
Section 2. That the agreement and other appropriate documents needed to complete the transaction authorized by this legislation shall be prepared by the Director of Law.
Section 3. That the costs of the grant shall not exceed an amount of $578,000 and shall be paid from Fund No. 17 SF 652, RQS 9501, RL 2020-112.
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Economic Development; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 950-2020 Official Proceedings – City Council December 4, 2020 The City Record 57
Ordinance No. 951-2020
By Council Members: Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with the Urban League of Greater Cleveland, or its designee, to assist with operating expenses associated with outreach, assistance and administration of a loan fund and assistance, training and planning for small businesses through the Entrepreneurship Center.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Economic Development is authorized to enter into a grant agreement with the Urban League of Greater Cleveland, or its designee, to assist with operating expenses associated with outreach, assistance and administration of a loan fund and assistance, training and planning for small businesses through the Entrepreneurship Center.
Section 2. That the agreement and other appropriate documents needed to complete the transaction authorized by this legislation shall be prepared by the Director of Law.
Section 3. That the costs of the grant shall not exceed an amount of $250,000 and shall be paid from Fund No. 17 SF 652, RQS 9501, RL 2020-113.
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Economic Development; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 951-2020 Official Proceedings – City Council December 4, 2020 The City Record 58
Ordinance No. 952-2020
By Council Members: McCormack, Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Community Development to enter into a grant agreement with the Near West Side Multi-Service Corporation dba May Dugan Center, to make repairs to the City-owned facility located at 4115 Bridge Avenue.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Community Development is authorized to enter into a grant agreement with the Near West Side Multi-Service Corporation to finance repairs to the City-owned facility located at 4115 Bridge Avenue.
Section 2. That the agreement and other appropriate documents needed to complete the transactions authorized by this legislation shall be prepared by the Director of Law.
Section 3. That the cost of the grant shall not exceed an amount of $425,000 and shall be paid from Fund No. 14 SF 040 (RQS 8006, RL 2020-117) and prior year balances.
Section 4 That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Community Development; City Planning Commission; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 952-2020 Official Proceedings – City Council December 4, 2020 The City Record 59
Ordinance No. 953-2020
By Council Members: Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of City Planning to enter into an agreement with ULI - The Urban Land Institute, or its designee, to partner with the City of Cleveland to conduct the Building the 21st Century City Symposium in March 2021.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of City Planning is authorized to enter into an agreement with ULI – The Urban Land Institute, or its designee, (“Urban Land Institute”) to partner with the City of Cleveland to conduct the Building the 21st Century City Symposium in March 2021. The City of Cleveland will provide financial support to the Urban Land Institute to cover the cost of logistics, marketing and speaker fees associated with symposium.
Section 2. That the agreement shall be prepared by the Director of Law.
Section 3. That the cost of the agreement shall not exceed $55,000 and shall be paid from Fund No. 01-0110-6320, RQS 0110, RL 2020-103.
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of City Planning Commission; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 953-2020 Official Proceedings – City Council December 4, 2020 The City Record 60
Ordinance No. 954-2020
By Council Members: Johnson, Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Community Development to enter into an Option to Acquire Agreement with the Ohio Department of Transportation, or its designee, in connection with the purchase of ODOT-owned property located at 9607 Buckeye Road needed for the future development of the Woodhill CMHA property and surrounding neighborhood; authorizing the Commissioner of Purchases and Supplies to purchase the property from ODOT, for the Department of Community Development; and authorizing the Commissioner of Purchases and Supplies to convey the property to Cuyahoga Metropolitan Housing Authority, which is not needed for the City’s public use.
WHEREAS, the Ohio Department of Transportation (“ODOT”) currently owns property located at 9607 Buckeye Road, Permanent Parcel No. 126-08-017; and
WHEREAS, the City of Cleveland desires to partner with Cuyahoga Metropolitan Housing Authority (“CMHA”) to apply to the United States Department of Housing and Urban Development for a Choice Neighborhoods Grant (“Choice Neighborhoods Grant”) to target the Woodhill CMHA property and surrounding neighborhood with affordable housing; and
WHEREAS, because acquisition of the property located at 9607 Buckeye Road is necessary to secure site control for the Choice Neighborhoods Grant, the Director of Community Development has requested the purchase of property which will ultimately be transferred to CMHA for the redevelopment; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That notwithstanding and as an exception to the provisions of Chapter 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Community Development is authorized to enter into an Option to Acquire Agreement with ODOT for property located at 9607 Buckeye Road, Permanent Parcel No. 126-08-017. The cost of each Option to Acquire Agreement with ODOT shall be $1.00 and other valuable consideration.
Section 2. That the Director of Community Development is authorized to exercise the Option to Acquire Agreement authorized above.
Section 3. That notwithstanding and as an exception to the provisions of Chapter 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of
First Reading Emergency Ordinances Referred Ord. No. 954-2020 Official Proceedings – City Council December 4, 2020 The City Record 61
Purchases and Supplies is authorized to purchase 9607 Buckeye Road, Permanent Parcel No. 126-08-017 for future redevelopment.
Section 4. That the consideration to be paid to ODOT for this property shall not exceed $1.00 and other valuable considerations which is determined to be fair market value.
Section 5. That at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to convey the property acquired from ODOT to CMHA, taking into account all restrictions, reversionary interests and similar encumbrances as may be placed by the City of Cleveland in the deed of conveyance.
Section 6. That the conveyance shall be made by official deed prepared by the Director of Law and executed by the Mayor on behalf of the City of Cleveland. The deed shall contain necessary provisions, including restrictive reversionary interests as may be specified by the Board of Control or Director of Law, and shall specifically contain a provision against the erection of any advertising signs or billboards except permitted identification signs.
Section 7. That the consideration to be paid by CMHA for this property shall not exceed $1.00 and other valuable considerations which is determined to be fair market value.
Section 8. That the Director of Community Development is authorized to execute on behalf of the City of Cleveland all necessary documents to affect the purposes of this ordinance.
Section 9. That all costs of acquiring, accepting and recording the land shall be paid from the fund approved by the Director of Finance.
Section 10. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Community Development; City Planning Commission; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 954-2020 Official Proceedings – City Council December 4, 2020 The City Record 62
Ordinance No. 955-2020
By Council Members: Kazy and Kelley (by departmental request)
An emergency ordinance determining the method of making the public improvement of rehabilitating automated control systems at Division of Water treatment plants, secondary facilities and in the distribution system; and authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of rehabilitating automated control systems at Division of Water treatment plants, secondary facilities and in the distribution system, for the Division of Water, Department of Public Utilities, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement.
Section 2. That the Director of Public Utilities is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement, provided, however, that each separate trade and each distinct component part of the improvement may be treated as a separate improvement, and each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the Director, the contractor shall furnish a correct schedule of unit prices, including profit and overhead, for all items constituting units of the improvement.
Section 3. That the Director of Public Utilities is authorized to apply and pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance.
Section 4. That the cost of the improvement and other expenditures authorized shall be paid from Fund No. 52 SF 001, from the fund or funds, to which are credited the proceeds from the sale of any future bonds, if issued for this purpose, and from any funds approved by the Director of Finance, RQS 2002, RL 2020-101.
Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
First Reading Emergency Ordinances Referred Ord. No. 955-2020 Official Proceedings – City Council December 4, 2020 The City Record 63
Referred to the Directors of Public Utilities; Finance; and Law; Committees on Utilities; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 955-2020 Official Proceedings – City Council December 4, 2020 The City Record 64
Ordinance No. 956-2020
By Council Members: Kazy and Kelley (by departmental request)
An emergency ordinance determining the method of making the public improvement of replacing pump discharge control valves and appurtenances at the Fairmount Pump Station; and authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of replacing pump discharge control valves and appurtenances at the Fairmount Pump Station, for the Division of Water, Department of Public Utilities, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement.
Section 2. That the Director of Public Utilities is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement, provided, however, that each separate trade and each distinct component part of the improvement may be treated as a separate improvement, and each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the director, the contractor shall furnish a correct schedule of unit prices, including profit and overhead, for all items constituting units of the improvement.
Section 3. That the Director of Public Utilities is authorized to apply and pay for permits, licenses or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance.
Section 4. That the cost of the improvement and other expenditures and other expenditures authorized shall be paid from Fund No. 52 SF 001, from the fund or funds, to which are credited the proceeds from the sale of any future bonds, if issued for this purpose, and from any funds approved by the Director of Finance, RQS 2002, RL 2020- 102.
Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
First Reading Emergency Ordinances Referred Ord. No. 956-2020 Official Proceedings – City Council December 4, 2020 The City Record 65
Referred to the Directors of Public Utilities; Finance; and Law; Committees on Utilities; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 956-2020 Official Proceedings – City Council December 4, 2020 The City Record 66
Ordinance No. 957-2020
By Council Members: Kazy and Kelley (by departmental request)
An emergency ordinance authorizing the purchase by one or more requirement contracts of landscape materials, supplies and services, including labor and materials, needed to maintain, test, install, replace, improve, restore, and refurbish landscaping and tree lawns located at City- owned or leased Public Utility facilities and City rights-of-way, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, and the Office of Radio Communications, Department of Public Utilities, for a period of two years.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of Public Utilities is authorized to make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for a period of two years of the necessary items of landscape materials, supplies and services, including labor and materials, needed to maintain, test, install, replace, improve, and refurbish landscaping located at City-owned or leased Public Utility facilities, including but not limited to buildings, yards, structures, stations, towers, substations, and City rights-of-way, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, and the Office of Radio Communications, Department of Public Utilities. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire term.
Section 2. That the Director of Public Utilities is authorized to make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for a period of two years of the necessary items of landscape materials, supplies, and services, including labor and materials, to install, replace, and restore tree lawns damaged due to utility work performed by the Department of Public Utilities, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Divisions of Water, Water Pollution Control, Cleveland Public Power, and the Office of Radio Communications, Department of Public Utilities. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control
First Reading Emergency Ordinances Referred Ord. No. 957-2020 Official Proceedings – City Council December 4, 2020 The City Record 67 determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire term.
Section 3. That the costs of the contract or contracts shall be charged against the proper appropriation accounts, and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance. (RQN 2002, RL 2020-41)
Section 4. That under division (b) of Section 108 of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.
Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Utilities; Finance; and Law; Committees on Utilities; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 957-2020 Official Proceedings – City Council December 4, 2020 The City Record 68
Ordinance No. 966-2020
By Council Member: Kelley
An emergency ordinance to supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting new Chapter 687B, Third-party Food Delivery Services; to establish a limit on the commission that third parties can charge to restaurants located in the City of Cleveland to 15% of the purchase price on delivery or pick-up orders while restaurants are unable to provide unrestricted dine-in service; and to prohibit a reduction in compensation for delivery drivers as a result of this limit.
WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, caused by the SARS-CoV2virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person. The virus is spread between individuals who are in close contact with each other (within about six feet) through respiratory droplets; and
WHEREAS, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak of COVID-19 a public health emergency of international concern; and
WHEREAS, on January 31, 2020, Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19; and
WHEREAS, on March 9, 2020, Governor Mike DeWine signed an Executive Order declaring a State of Emergency for the entire State of Ohio in relation to COVID-19 pursuant to the Governor’s authority vested in him by the Constitution, the laws of the State of Ohio and in accordance with Revised Code section 5502.22; and
WHEREAS, on March 11, 2020, the Mayor, through a Proclamation of Civil Emergency, first declared a State of Civil Emergency in Cleveland based on the COVID- 19 pandemic; and
WHEREAS, effective March 15, 2020, the Governor and the Ohio Department of Health issued an order closing all bars and restaurants to onsite food and beverage service and limiting restaurants to providing only carry-out service; and
WHEREAS, on April 30, 2020, the Ohio Department of Health issued a Director’s Order allowing businesses to reopen but requiring compliance with social distancing and safety measures; and
WHEREAS, during the COVID-19 pandemic it is critical that restaurants stay open because they are performing essential functions, along with grocery stores and other food services, to provide the public with access to food; and
First Reading Emergency Ordinances Referred Ord. No. 966-2020 Official Proceedings – City Council December 4, 2020 The City Record 69
WHEREAS, the social distancing measures required to mitigate the spread of the COVID-19 virus means that delivery and take-out options from restaurants are critical to the public’s accessibility to food; and
WHEREAS, the COVID-19 pandemic has had significant impact on the local economy impacting the restaurant, food service, and other related industries resulting in economic hardship for businesses due to loss of income, layoffs, and reduced work hours for a significant percentage of the workforce; and
WHEREAS, reducing dine-in capacity for restaurants places a severe financial strain on many restaurants, particularly those that are small, independently owned, or minority-owned; businesses that already operate on thin financial margins, adding to economic pressures in the industry that predate the current public health crisis; and
WHEREAS, many consumers are eager to support local restaurants and use third- party applications and websites to place orders with those restaurants and these orders may include commission fees of 30% or more of the purchase price; and
WHEREAS, restaurants, particularly small family-owned restaurants with few locations, have limited bargaining power to negotiate lower commission fees with third- party platforms due to there being high demand and only a few companies in the marketplace to provide online order and delivery services, and as a result, restaurants face dire financial circumstances during this COVID-19 pandemic as take-out and delivery are the main options for keeping their businesses in operation; and
WHEREAS, capping the commission fee to a maximum of 15% of the purchase price on delivery or pick-up orders while restaurants are unable to provide unrestricted dine- in service will accomplish the legitimate public purpose of easing the financial burden on struggling restaurants during the public health emergency while still promoting the availability of prepared food via delivery service while not unduly burdening third-party applications and websites; and
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department and constitutes an emergency measure providing for the immediate preservation of the public peace, property, health and safety, in that it is immediately necessary to ease the burden on restaurants during a critical time in the COVID-19 pandemic; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Codified Ordinances of Cleveland, Ohio, 1976 are supplemented by enacting new Chapter 687B, Third-party Food Delivery Services, as follows:
First Reading Emergency Ordinances Referred Ord. No. 966-2020 Official Proceedings – City Council December 4, 2020 The City Record 70
Chapter 687B Third-party Food Delivery Services
Section 687B.01 Definitions
For purposes of this chapter, the following terms shall mean:
(a) “Commission” means a fee paid to a third-party food delivery service for performing a transaction or a service.
(b) “Eating and drinking establishment” means a restaurant, bar, tavern, cabaret, fast-food business, nightclub, pub, dining room, dinner theater, and similar uses.
(c) “Purchase price” means the menu price of an online order. Such terms exclude taxes, gratuities, and any other fees that make up the total cost to the consumer of an online order.
(d) “Third-party food delivery service” means any website, mobile application, or other internet service business that offers or arranges for the sale and/or delivery of food and beverages prepared by eating and drinking establishments.
Section 687B.02 Limit on Commissions
(a) No third-party food delivery service shall charge an eating and drinking establishment a commission per online delivery or pick-up order for the use of its service that totals more than fifteen percent (15%) of the purchase price of the online order.
(b) If a third-party food delivery service charges an eating and drinking establishment a commission that exceeds fifteen percent (15%) of the purchase price of a placed online order, the restaurant shall provide written notice to the third-party food delivery service requesting a refund within seven (7) days. Failure to issue a refund within seven (7) days of receipt of the notice shall constitute a violation of this chapter.
(c) An eating and drinking establishment may agree to pay a third-party food delivery service a fee that exceeds the limits established in Section 687B.02 (a) and (b) to obtain optional products or services, including advertising, marketing, or access to customer subscription programs, in addition to delivery or pickup service.
Section 687B.03 Compensation
No third-party food delivery service shall reduce the compensation rates paid to any delivery service driver or garnish gratuities paid to any driver as a result of the provisions in this chapter.
First Reading Emergency Ordinances Referred Ord. No. 966-2020 Official Proceedings – City Council December 4, 2020 The City Record 71
Section 687B.04 Contracts
This chapter shall not be construed or interpreted to interfere with or impair any contracts between eating and drinking establishments and third-party food delivery services that exist as of the effective date of this chapter.
Section 687B.05 Effective dates
This chapter shall only be in effect from the effective date of a declaration of a public health emergency that contains any restrictions on the operations of eating and drinking establishments, until one-hundred twenty (120) days after eating and drinking establishments are permitted to operate at one hundred percent (100%) capacity with no restrictions.
Section 687B.06 Severability
The provisions of this chapter shall be deemed to be severable; and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not impair any of the remaining provisions.
Section 687B.99 Penalties
(a) A third-party food delivery service that violates any provision of this chapter is guilty of a misdemeanor of the first degree.
(b) Strict liability is intended to be imposed as the culpable mental state for a violation of this chapter.
(c) In accordance with Section 601.10 of the Codified Ordinance of Cleveland, Ohio, 1976, organizational criminal liability is intended to be imposed for violations of this chapter.
Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.
First Reading Emergency Ordinances Referred Ord. No. 966-2020 Official Proceedings – City Council December 4, 2020 The City Record 72
Ordinances and Resolutions
First Reading Emergency Ordinances Read in Full and Passed
An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.
Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.
Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.
These ordinances were read for the first time on December 2, 2020, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.
Click on an ordinance below to read it:
Ord. No. 958-2020
Ord. No. 959-2020
Ord. No. 960-2020
First Reading Emergency Ordinances Read in Full and Passed Official Proceedings – City Council December 4, 2020 The City Record 73
Ordinance No. 958-2020
By Council Member: Hairston
An emergency ordinance authorizing the Director of the Department of Community Development to enter into an agreement with the Catholic Charities aka Catholic Diocese of the City of Cleveland - St. Phillip-Neri for the Community Health Worker Training Program through the use of Ward 10 Casino Revenue Funds.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of the Department of Community Development is authorized to enter into an agreement with the Catholic Charities aka Catholic Diocese of the City of Cleveland - St. Phillip-Neri for the Community Health Worker Training Program for the public purpose of providing job training to residents residing in the City of Cleveland through the use of Ward 10 casino revenue funds.
Section 2. That the cost of said contract shall be in an amount not to exceed $5,000 and shall be paid from Fund No. 10 SF 188.
Section 3. That the Director of Law shall prepare and approve said contract, and that the contract shall contain such terms and provisions as he deems necessary to protect the City’s interest.
Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
First Reading Emergency Ordinances Read in Full and Passed Ord. No. 958-2020 Official Proceedings – City Council December 4, 2020 The City Record 74
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
First Reading Emergency Ordinances Read in Full and Passed Ord. No. 958-2020 Official Proceedings – City Council December 4, 2020 The City Record 75
Ordinance No. 959-2020
By Council Member: Kelley (by departmental request)
An emergency ordinance approving the collective bargaining agreement with the Ohio Patrolmen’s Benevolent Association (Chief Dispatchers); and to amend Section 15 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Ohio Patrolmen’s Benevolent Association (Chief Dispatchers, under the terms contained in File No. 959- 2020-A, for the period from April 1, 2019, through March 31, 2022, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:
Increase Approximate Date of Increase 2% April 1, 2019 2% April 1, 2020 2% April 1, 2021
Section 2. That Section 15 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, Ordinance No. 170-2019, passed February 11, 2019, is amended to read as follows:
Section 15. Ohio Patrolmen’s Benevolent Association (Chief Dispatcher). That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:
Minimum Maximum 1 Chief Radio Dispatcher $51,411.95 $55,788.98 $54,430.65 $58,042.87
Section 3. That existing Section 15 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, Ordinance No. 170-2019, passed February 11, 2019, is repealed.
Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it
First Reading Emergency Ordinances Read in Full and Passed Ord. No. 959-2020 Official Proceedings – City Council December 4, 2020 The City Record 76 shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
First Reading Emergency Ordinances Read in Full and Passed Ord. No. 959-2020 Official Proceedings – City Council December 4, 2020 The City Record 77
Ordinance No. 960-2020
By Council Member: Hairston
An emergency ordinance authorizing the Director of the Department of Community Development to enter into an agreement with Mum-Ford, Inc. for the Visual Health Services Program through the use of Ward 10 Casino Revenue Funds.
WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Director of the Department of Community Development is authorized to enter into an agreement with Mum-Ford, Inc. for the Visual Health Services Program for the public purpose of providing eye-glass care and eye-wear services to City of Cleveland residents through the use of Ward 10 Casino Revenue Funds.
Section 2. That the cost of said contract shall be in an amount not to exceed $11,600 and shall be paid from Fund No. 10 SF 188.
Section 3. That the Director of Law shall prepare and approve said contract, and that the contract shall contain such terms and provisions as he deems necessary to protect the City’s interest.
Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
First Reading Emergency Ordinances Read in Full and Passed Ord. No. 960-2020 Official Proceedings – City Council December 4, 2020 The City Record 78
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
First Reading Emergency Ordinances Read in Full and Passed Ord. No. 960-2020 Official Proceedings – City Council December 4, 2020 The City Record 79
Ordinances and Resolutions
First Reading Emergency Resolutions Referred
A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person.
Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.
Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.
If not adopted under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.
These resolutions were read for the first time on December 2, 2020, and referred to the appropriate City departments and Council Committees for review.
Click on a resolution below to read it:
Res. No. 962-2020
First Reading Emergency Resolutions Referred Official Proceedings – City Council December 4, 2020 The City Record 80
Resolution No. 962-2020
By Council Members: Brancatelli and Kelley (by departmental request)
An emergency resolution supporting the establishment of a statewide network of State and US Bike Routes and allowing for the designation, mapping, signing, and promotion of State and US Bike Routes along selected bicycle facilities in the City of Cleveland.
WHEREAS, bicycle tourism is a growing industry in North America, contributing $47 billion a year to the economies of communities that provide facilities for such tourists; and
WHEREAS, the American Association of State Highway and Transportation Officials (“AASHTO”) has designated a series of corridors crossing Ohio to be developed as various US Bicycle Routes; and
WHEREAS, the Ohio Department of Transportation has designated a series of corridors crossing Ohio to be developed as various State Bicycle Routes; and
WHEREAS, the Ohio Department of Transportation is supportive of AASHTO- designated bicycle routes through Ohio, subject to ongoing collaboration with affected jurisdictions to inventory, analyze and designate specific facilities the routes will traverse; and
WHEREAS, the City of Cleveland and the Adventure Cycling Association, with the cooperation of the Ohio Department of Transportation and other stakeholders, have proposed specific routes to be designated as various US and State Bike Routes, a map of which is placed in File No. 962-2020-A; and
WHEREAS, the City of Cleveland has investigated the proposed routes and found them to be suitable routes, and desires that the routes be designated so that they can be mapped and signed, thereby promoting bicycle tourism in our area; and
WHEREAS, the City of Cleveland acknowledges the routes may change over time because new facilities are being constructed that are more suitable for bicyclists; and
WHEREAS, this resolution constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That this Council of the City of Cleveland hereby expresses its approval and support for the development of various State and US Bike Routes, and requests, and authorizes, the appropriate City officials to take all necessary steps to seek and secure official designation of those routes by AASHTO. Once the Routes are approved by
First Reading Emergency Resolutions Referred Res. No. 962-2020 Official Proceedings – City Council December 4, 2020 The City Record 81
AASHTO, there may be efforts to publicize the routes via internet maps, incorporating the Routes on local maps, etc. Tourism agencies may be involved in these efforts.
Section 2. That this resolution is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Referred to the Directors of City Planning Commission; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.
First Reading Emergency Resolutions Referred Res. No. 962-2020 Official Proceedings – City Council December 4, 2020 The City Record 82
Ordinances and Resolutions
First Reading Emergency Resolutions Read in Full and Adopted
A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person.
Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.
Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.
These resolutions were read for the first time on December 2, 2020, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.
Click on a resolution below to read it:
Res. No. 961-2020
Res. No. 963-2020
Res. No. 964-2020
Res. No. 965-2020
First Reading Emergency Resolutions Read in Full and Adopted Official Proceedings – City Council December 4, 2020 The City Record 83
Resolution No. 961-2020
By Council Member: Kelley
An emergency resolution fixing the date of the next regular meeting of Council.
WHEREAS, pursuant to Council Rule 5, regular meetings of the Council are held on Mondays at 7:00 p.m. unless otherwise ordered by motion, resolution or ordinance; and
WHEREAS, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health or safety, now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That, the next regular meeting of the Council, to be held during the COVID-19 emergency declaration, will be conducted as a virtual meeting in accordance with Ohio's Open Meetings Laws as amended by H.B 404; and shall be held on December 9, 2020. A notice identifying the time of the meeting as well as a schedule of committee meetings, if any, to be held prior to the meeting shall be prepared by the Clerk prior to the meeting date.
Section 2. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Adopted. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 961-2020 Official Proceedings – City Council December 4, 2020 The City Record 84
Absent: J. Jones and Slife.
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 961-2020 Official Proceedings – City Council December 4, 2020 The City Record 85
Resolution No. 963-2020
By Council Member: Griffin
An emergency resolution objecting to the transfer of liquor license of a C2 and C2X Liquor Permit to 8000 Euclid Avenue.
WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of liquor license of a C2 and C2X Liquor Permit from Ohio CVS Stores, LLC DBA CVS Pharmacy, #4282, 3728 Pearl Road, Cleveland, Ohio 44109, Permit No. 65172420830 to Ohio CVS Stores, LLC, DBA CVS Pharmacy, #4282, 8000 Euclid Avenue, Cleveland, Ohio 44103, Permit No. 65172420831; and
WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and
WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and
WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and
WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and
WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and
WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and
WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That Council does hereby record its objection to the transfer of liquor license of a C2 and C2X Liquor Permit from Ohio CVS Stores, LLC, DBA CVS Pharmacy, #4282, 3728 Pearl Road, Cleveland, Ohio 44109, Permit No. 65172420830 to Ohio CVS
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 963-2020 Official Proceedings – City Council December 4, 2020 The City Record 86
Stores, LLC, DBA CVS Pharmacy, #4282, 8000 Euclid Avenue, Cleveland, Ohio 44103, Permit No. 65172420831, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.
Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Adopted. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 963-2020 Official Proceedings – City Council December 4, 2020 The City Record 87
Resolution No. 964-2020
By Council Member: Bishop
An emergency resolution objecting to the transfer of ownership of a C2 and C2X Liquor Permit to 4025 East 131st Street.
WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C2 and C2X Liquor Permit from Speedy Harvard, LLC, 4025 East 131st Street, Cleveland, Ohio 44105, Permit No. 8429701 to 4025 E131 Gas, Inc., DBA Speedys, 4025 East 131st Street, Cleveland, Ohio 44105, Permit No. 28508940005; and
WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and
WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and
WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and
WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and
WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and
WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and
WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That Council does hereby record its objection to the transfer of ownership of a C2 and C2X Liquor Permit from Speedy Harvard, LLC, 4025 East 131st Street, Cleveland, Ohio 44105, Permit No. 8429701 to 4025 E131 Gas, Inc., DBA Speedys, 4025
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 964-2020 Official Proceedings – City Council December 4, 2020 The City Record 88
East 131st Street, Cleveland, Ohio 44105, Permit No. 28508940005, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.
Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Adopted. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 964-2020 Official Proceedings – City Council December 4, 2020 The City Record 89
Resolution No. 965-2020
By Council Member: Hairston
An emergency resolution objecting to the transfer of ownership of a C1, C2 and D6 Liquor Permit to 16601 Euclid Avenue.
WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C1, C2 and D6 Liquor Permit from Hymie Enterprises, Inc., 16601 Euclid Avenue, Cleveland, Ohio 44112, Permit No. 4101794 to Wsliman 2020, LLC, DBA Gas USA Mini Mart, 16601 Euclid Avenue, Cleveland, Ohio 44112, Permit No. 9197665; and
WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and
WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and
WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and
WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and
WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and
WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and
WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That Council does hereby record its objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit from Hymie Enterprises, Inc., 16601 Euclid Avenue, Cleveland, Ohio 44112, Permit No. 4101794 to Wsliman 2020, LLC, DBA Gas USA Mini
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 965-2020 Official Proceedings – City Council December 4, 2020 The City Record 90
Mart, 16601 Euclid Avenue, Cleveland, Ohio 44112, Permit No. 9197665, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.
Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.
Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Adopted. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
First Reading Emergency Resolutions Read in Full and Adopted Res. No. 965-2020 Official Proceedings – City Council December 4, 2020 The City Record 91
Ordinances and Resolutions
Second Reading Emergency Ordinances Passed
An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.
Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.
Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading. If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.
After departmental review, the ordinance is returned to Council for consideration in a public hearing before the appropriate Council Committee(s). Council Members and City departments can recommend changes, or amendments, to the legislation during the hearing process. After the review is complete and any amendments have been made, the legislation is read a second time at a Council meeting. A second reading allows Council Members and the public to hear what changes have been made to the law. Amendments cannot be made after the second reading of the legislation.
These ordinances were read for the second time on December 2, 2020, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.
Click on an ordinance below to read it:
Ord. No. 35-2020 Ord. No. 885-2020
Ord. No. 291-2020 Ord. No. 891-2020
Ord. No. 856-2020 Ord. No. 895-2020
Ord. No. 878-2020 Ord. No. 906-2020
Ord. No. 879-2020
Second Reading Emergency Ordinances Passed Official Proceedings – City Council December 4, 2020 The City Record 92
Ordinance No. 35-2020
By Council Member: McCormack
An emergency ordinance designating Former Cleveland Police Department Riverbed Academy (aka Former Cleveland Fire Department Engine Company 15 Fire Boat Station) as a Cleveland Landmark.
Approved by the Directors of City Planning Commission; and Law; Passage recommended by the Committee on Development, Planning and Sustainability.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 35-2020 Official Proceedings – City Council December 4, 2020 The City Record 93
Ordinance No. 291-2020
By Council Member: McCormack
An emergency ordinance designating the John Heisman Birthplace as a Cleveland Landmark.
Approved by the Directors of City Planning Commission; and Law; Passage recommended by the Committee on Development, Planning and Sustainability.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 291-2020 Official Proceedings – City Council December 4, 2020 The City Record 94
Ordinance No. 856-2020
By Council Members: McCormack, Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by WRB Partners LLC, or its designee, located at 1468 West 9th Street, for the purpose of entering into the chain-of-title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code for the Western Reserve Building Project.
Approved by the Directors of Economic Development; City Planning Commission; Finance; and Law; Passage recommended by the Committees on Development, Planning and Sustainability; and Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 856-2020 Official Proceedings – City Council December 4, 2020 The City Record 95
Ordinance No. 878-2020
By Council Member: Kelley (by departmental request)
An emergency ordinance authorizing the Director of Finance, on behalf of Cleveland Municipal Court, to enter into an amendment to Contract No. PS 2020-137 with Oriana House, Inc. to provide additional services for appropriate placement for defendants to be assigned into supervised pretrial release without the sanction of incarceration under the Community Corrections and Supervised Pretrial Release Programs.
Approved by the Directors of Finance; and Law; Passage recommended by the Committee on Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 878-2020 Official Proceedings – City Council December 4, 2020 The City Record 96
Ordinance No. 879-2020
By Council Members: Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of City Planning to apply for and accept one or more grants from the Northeast Ohio Area Coordinating Agency and the Ohio Department of Transportation for the 2021 Transportation for Livable Communities Initiative; authorizing a tri- party agreement with NOACA and the Ohio Department of Transportation; authorizing agreements with various entities; accepting cash donations; and authorizing the Director to employ one or more professional consultants to implement the grant.
Approved by the Directors of City Planning Commission; Finance; and Law; Passage recommended by the Committees on Development, Planning and Sustainability; and Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 879-2020 Official Proceedings – City Council December 4, 2020 The City Record 97
Ordinance No. 885-2020
By Council Members: Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with Manufacturing Works, formerly known as Westside Industrial Retention and Expansion Network – WIRE-net, or its designee, to provide economic development assistance to finance the administration of the Cleveland Industrial Retention Initiative Program.
Approved by the Directors of Economic Development; Finance; and Law; Passage recommended by the Committees on Development, Planning and Sustainability; and Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 885-2020 Official Proceedings – City Council December 4, 2020 The City Record 98
Ordinance No. 891-2020
By Council Member: Kelley
An emergency ordinance authorizing the Clerk of Council to enter into an agreement with Western Reserve Land Conservancy d/b/a Thriving Communities Institute to provide professional services regarding the Vacant and Abandoned Property Action Council (VAPAC), reforestation, demolition funding, rehabilitation, greenspace, and property information and code enforcement.
Approved by the Director of Law; Passage recommended by the Committee on Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 891-2020 Official Proceedings – City Council December 4, 2020 The City Record 99
Ordinance No. 895-2020
By Council Member: Kelley (by departmental request)
An emergency ordinance to amend various sections of Ordinance No. 323- 15, passed March 30, 2015, as amended, relating to compensation for various classifications.
Approved by the Directors of Human Resources; Finance; and Law; Passage recommended by the Committee on Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 895-2020 Official Proceedings – City Council December 4, 2020 The City Record 100
Ordinance No. 906-2020
By Council Members: Conwell, Brancatelli and Kelley (by departmental request)
An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Library Lofts LLC and/or UC City Center LLC, and/or their designees, to provide for the development of a new library, residential units, retail space, and new parking for the Circle Square Development Project located at 10600 and 10605 Chester Avenue; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose.
Approved by the Directors of Economic Development; City Planning Commission; Finance; and Law; Passage recommended by the Committees on Development, Planning and Sustainability; and Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Passed. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Ordinances Passed Ord. No. 906-2020 Official Proceedings – City Council December 4, 2020 The City Record 101
Ordinances and Resolutions
Second Reading Emergency Resolutions Adopted
A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person. Resolutions are used by Council to recognize dignitaries and community members and their accomplishments.
Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.
Typically, legislation cannot be adopted until it has been read on three separate days. However, this requirement is dispensed with a two-thirds vote by the Council, placing the legislation “under suspension.” Once under suspension, the legislation can be adopted after the second reading.
These resolutions were read for the second time on December 2, 2020, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.
Click on a resolution below to read it:
Res. No. 910-2020
Second Reading Emergency Resolutions Adopted Official Proceedings – City Council December 4, 2020 The City Record 102
Resolution No. 910-2020
By Council Members: McCormack, Cleveland, B. Jones, Brancatelli and Kelley (by departmental request)
An emergency resolution appointing an assessment equalization board to hear objections to estimated assessments with respect to the continuation and expansion of the Downtown Cleveland Improvement District and the comprehensive services plan for District, and declaring an emergency.
Approved by the Directors of City Planning Commission; Finance; and Law; Adoption recommended by the Committees on Development, Planning and Sustainability; and Finance.
Motion by Council Member Spencer to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Cleveland.
The rules were suspended. Yeas 15. Nays 0.
Read second time.
Read third time in full.
Adopted. Yeas 15. Nays 0.
Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Spencer.
Voting Nay: None.
Absent: J. Jones and Slife.
Second Reading Emergency Resolutions Adopted Res. No. 910-2020 Official Proceedings – City Council December 4, 2020 The City Record 103
Official Proceedings Adjournment City Council
Cleveland, Ohio Wednesday, December 2, 2020
MOTION
On the motion of Council Member Spencer, the absence of Council Member Charles Slife is hereby authorized. Seconded by Council Member Cleveland.
MOTION
The Council Meeting adjourned at 11:55 p.m. to meet at the call of the chair in a Virtual Meeting. The next regular meeting of Council will be on Wednesday, December 9, 2020, and will be immediately following a Committee of the Whole meeting, which will start at 10:00 a.m.
Patricia J. Britt City Clerk, Clerk of Council
Adjournment Official Proceedings – City Council December 4, 2020 The City Record 104
Council Committee Meetings
The following committee meetings were held during the City of Cleveland's COVID-19 emergency declaration and conducted as virtual meetings, in accordance with Ohio's Open Meetings Laws as amended by Sub. H.B 197. The public was able to observe these meetings live on YouTube (broadcast online) and on Cleveland Channel 20 (broadcast online and on local government access cable television).
Monday, November 30, 2020 2:00 p.m.
Finance Committee Present: Kelley, Chair; Cleveland, Vice Chair; Bishop, Brancatelli, Conwell, Griffin, Kazy, McCormack, Mooney
Tuesday, December 1, 2020 9:30 a.m.
Development, Planning and Sustainability Committee Present: Brancatelli, Chair; Hairston, Vice Chair; Cleveland, Griffin, B. Jones, McCormack, Slife
Wednesday, December 2, 2020 10:00 a.m.
Committee of the Whole Present: Kelley, Chair; Bishop, Brancatelli, Cleveland, Griffin, Hairston, Johnson, Kazy, McCormack, Mooney, Polensek, Santana, Spencer Authorized Absence: Conwell, B. Jones, J. Jones, Slife
Council Committee Meetings December 4, 2020 The City Record 105
Board of Control
Wednesday, December 2, 2020
The meeting of the Board of Control convened in the Mayor's office on Wednesday, December 2, 2020, at 10:41 a.m. with Director Langhenry presiding.
Members Present: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Absent: Mayor Jackson, Directors Dumas, Ebersole
Others Present: Tiffany White Johnson, Commissioner Purchases & Supplies
Calley Mersmann, City Planner City Planning Commission
On motions, the resolutions attached were adopted, except as may be otherwise noted.
There being no further business, the meeting was adjourned at 10:45 a.m.
Stephanie Melnyk Acting Secretary – Board of Control
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 106
Resolution No. 473-20 Adopted 12/2/20 By Director Dumas
BE IT RESOLVED, by the Board of Control of the City of Cleveland that the employment of the following sub-consultant by Marshall and Associates, Inc. under the contract CT 1511 PS2019*0275 entered into by the City, through the Director of Finance under the authority of Ordinance No. 664-2019, passed by the Council of the City of Cleveland on June 3, 2019, and Resolution Nos. 364-19 and 258-20, adopted August 1, 2019, and August 5, 2020, respectively, for an Automatic Vehicle Location (AVL) System for real time web-based tracking of vehicle location, speed, idling, geofencing, vehicle operations, vehicle performance, telematics hardware, cellular SIM cards, output sensors, and device programming to implement the Automatic Vehicle Locations System for various departments of the City of Cleveland is approved:
Subconsultant CSB/MBE/FBE Amount Work S & L Fleet Services dba Non-Certified $45,200.00 Modem Installation BTC Technology Services
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 107
Resolution No. 474-20 Adopted 12/2/20 By Director Davis
REQUIREMENT CONTRACT
BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of
Blink Marketing, Inc. dba Blink Swag for an estimated quantity of promotional items, items 1, 7 and 9-11 for the Department of Public Utilities, for a period of one year starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on September 9, 2020, under the authority of Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 197 6, which on the basis of the estimated quantity would amount to $52,090.00 (0%, Net 30 Days), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.
The REQUIREMENT contract shall further provide that the Contractor shall furnish all the City's requirements for such goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 108
Resolution No. 475-20 Adopted 12/2/20 By Director Davis
REQUIREMENT CONTRACT
BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of
Koppel Advertising for an estimated quantity of promotional items, items 2, 4-6, 8, 13-15, 17, 19, and 20-21, and 23 for the Department of Public Utilities, for a period of one year starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on September 9, 2020, under the authority of Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the estimated quantity would amount to $91,487.00 (0%, Net 30 Days), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.
The REQUIREMENT contract shall further provide that the Contractor shall furnish all the City's requirements for such goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 109
Resolution No. 476-20 Adopted 12/2/20 By Director Davis
REQUIREMENT CONTRACT
BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of
JA-Pro Marketing dba Progressive Marketing for an estimated quantity of promotional items, item 3, 16 and 18 for the Department of Public Utilities, for a period of one year starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on September 9, 2020, under the authority of Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the estimated quantity would amount to $15,955.00 (0%, Net 30 Days), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.
The REQUIREMENT contract shall further provide that the Contractor shall furnish all the City's requirements for such goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 110
Resolution No. 477-20 Adopted 12/2/20 By Director Davis
REQUIREMENT CONTRACT
BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of
David & Sherri Doyle dba AMC Promotional Products for an estimated quantity of promotional items, item 22 for the Department of Public Utilities, for a period of one year starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on September 9, 2020, under the authority of Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the estimated quantity would amount to $2,695.00 (0%, Net 30 Days), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.
The REQUIREMENT contract shall further provide that the Contractor shall furnish all the City's requirements for such goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 111
Resolution No. 478-20 Adopted 12/2/20 By Director Davis
REQUIREMENT CONTRACT
BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of
Joy Products, Inc. for an estimated quantity of promotional items, item 12 for the Department of Public Utilities, for a period of one year starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on September 9, 2020, under the authority of Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the estimated quantity would amount to $3,900.00 (0%, Net 30 Days), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.
The REQUIREMENT contract shall further provide that the Contractor shall furnish all the City's requirements for such goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 112
Resolution No. 479-20 Adopted 12/2/20 By Director Cox
PROFESSIONAL SERVICE CONTRACT
BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND, that under the authority of Ordinance No. 733-2020, passed by the Council of the City of Cleveland November 4, 2020, David K. O'Neil is selected upon nomination of the Director of Public Works from a list of firms determined after a full and complete canvass by the Director as the firm to be employed by contract to assess, and make recommendations to improve, the West Side Market operations, for the Department of Public Works.
BE IT FURTHER RESOLVED that the Director of Public Works is authorized to enter into a written contract or contracts with David K. O'Neil ("Consultant"), based on its March 13, 2020, proposal, to assess, and make recommendations to improve, the West Side Market operations for the Department of Public Works, which contract shall be prepared by the Director of Law and shall include such additional provisions as that Director considers necessary to benefit and protect the interest. The fees for services to be performed under the contract authorized, as stated in Consultant's proposal, shall not exceed $137,000.00.
BE IT FURTHER RESOLVED that the employment of the following subcontractor is approved:
Name Cert Status Amount Percentage FARE Non-Certified $72,500.00 0.0%
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 113
Resolution No. 480-20 Adopted 12/2/20 By Director Collier
WHEREAS, Board of Control Resolution No. 455-20, adopted November 18, 2020, authorized the Director of City Planning to enter into contract with Nelson\Nygaard Consulting Associates, Inc. ("Consultant") to develop a Vision Zero Cleveland Action Plan, which will include data and public-informed actions and strategies to reduce fatalities and serious injuries on roadways to zero, for a fee of $109,995, and approved three sub-consultants including Osborn Engineering Company and Bongorno Consulting, LLC; and
WHEREAS, because Osborn Engineering Company and Bongorno Consulting, LLC are not certified by the City Office of Equal Opportunity as CSBs, Resolution No. 455-20 incorrectly stated certified sub-consultant utilization percentages in approving their employment by Consultant; now, therefore,
BE IT RESOLVED by the BOARD OF CONTROL of the CITY OF CLEVELAND that Resolution No. 455-20, adopted by this Board November 18, 2020, authorizing the Director of City Planning to enter into contract with Nelson\Nygaard Consulting Associates, Inc. to develop a Vision Zero Cleveland Action Plan, is amended by deleting the percentages stated for sub-consultants Osborn Engineering Company and Bongorno Consulting, LLC where appearing in the resolution and substituting "0%".
BE IT FURTHER RESOLVED that all other provisions of Resolution No. 455-20 not expressly amended as stated above shall remain unchanged and in full force and effect.
Yeas: Directors Langhenry, Davis, Kennedy, Cox, Interim Director Kimball, Director Howard, Interim Director Wackers, Directors West, McNamara, Donald
Nays: None
Absent: Mayor Jackson, Directors Dumas, Ebersole
Board of Control From Wednesday, December 2, 2020 December 4, 2020 The City Record 114
Civil Service
PUBLIC NOTICE
PLEASE BE ADVISED
The following meeting held during the COVID-19 emergency declaration will be conducted as a virtual meeting in accordance with Ohio’s Open Meetings Law as amended by Sub. H.B. 197.
The public may observe this meeting on YouTube, https://www.youtube.com/channel/UCgOtZVCoYBtfF7bYbO43PVQ.
Friday, December 4, 2020 Friday, December 18, 2020
@ 8:30 a.m. Civil Service Commission
President: Pastor Gregory E. Jordan Vice President: Michael Flickinger Secretary: Michael R. Spreng Members: India P. Lee and Daniel J. Brennan General Counsel: Ronda Curtis
Civil Service December 4, 2020 The City Record 115
Schedule of the Board of Zoning Appeals
Monday, December 21, 2020
Under the conditions specified by law, the Board of Zoning Appeals will be conducting virtual meetings in a limited capacity using the Webex Platform. This will include limited agenda items to initiate the process to ensure we can appropriately evaluate the process.
The Board of Zoning Appeals will also be live streamed on YouTube. The links for the live streams will be available before the meeting on our website at: http://www.clevelandohio.gov/CityofCleveland/Home/Government/CityAg encies/CityPlanningCommission/ZoningAppeals
In order to keep the Webex session to a manageable size, we are asking individuals that wish to participate in the meeting to contact the City Planning office by phone or email by noon on Friday, December 18, 2020. Those individuals not planning to comment on any agenda item during the Webex session are encouraged to view one of the live streams.
If you wish to participate and/0r give testimony, contact the City Planning office and request access to the Webex Board of Zoning Appeals Meeting. Please call 216-664-3826 or email us at [email protected] by noon on Friday, December 18, 2020. You can also email Secretary Elizabeth Kukla at [email protected].
9:30 Calendar No. 20-187: First National Bank of Pennsylvania Appeal of Violation Number V20019223 issued by Building and Housing at 2160 West 98th Street Ward 15 – Jenny Spencer First National Bank of Pennsylvania, owner, appeals under the authority of Section 76-6 of the Charter of the City of Cleveland and division (d) of Section 329.02 of the Cleveland Codified Ordinances to dispute the decision of Building and Housing to issue Violation Number V20019223 regarding change or substitution of use without a Certificate of Occupancy at 2160 West 98 Street on September 16, 2020. (Filed October 16, 2020)
9:30 Calendar No. 20-196: 4161 West 150th Street Ward 16 – Brian Kazy 7 Notices 4161 W. 150th Street LLC., owner, proposes to erect 145-square-foot pole sign in a General Industry Zoning District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:
Schedule of the Board of Zoning Appeals For Monday, December 21, 2020 December 4, 2020 The City Record 116
1. Division (e)(1) of Section 350.14, which states that a maximum 100-square-foot pole sign is permitted; 145-square-foot pole sign is proposed.
2. Division (b) of Section 350.14, which states that 25-foot maximum height of pole sign is permitted, and a 30-foot-high pole sign proposed.
3. Division (c) of Section 350.15, which states that a free-standing sign located in an Industrial Zoning District shall be 3 feet from the Street Right-of-Way. (Filed November 25, 2020)
9:30 Calendar No. 20-197: 1222 West 65th Street Ward 15 – Jenny Spencer 9 Notices Joe Gramc, owner, proposes to erect 27-foot by 45-foot, four-story frame, single-family residence with a detached one-story garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:
1. Section 353.05, which states that no accessory building shall be erected less than 13 feet from a main building on adjoining lot; appellant is proposing 3 feet.
2. Division (a) of Section 357.06, which states that front setback of 40 feet is required; appellant is proposing 21 feet. (Note: The Board's powers are restricted per division (c) of Section 329.04 to grant a front yard variance. Please refer to said code section for description of the instances when the board can grant a front yard variance.)
3. Division (b) of Section 355.04, which states that maximum gross floor area shall not exceed 50 percent of lot size or in this case 3,150 square feet. The appellant is proposing 3,749 square feet.
4. Division (b) of Section 341.02, which states that City Planning Approval is required before issuance of building permit. (Filed November 25, 2020)
9:30 Calendar No. 20-199: 3139 West 98th Street Ward 11 – Brian Mooney 12 Notices Abdullahi Mohammed, owner, proposes to establish use as daycare in a C1 Multi-Family Residential District. The owner appeals for relief from the strict application of the following section of the Cleveland Codified Ordinances:
1. Section 337.08, which states that daycare use in a Multi-Family Residential District must be at least 15 feet from adjoining premises. Proposed use is 4 feet from adjoining premises. (Filled December 2, 2020)
Schedule of the Board of Zoning Appeals For Monday, December 21, 2020 December 4, 2020 The City Record 117
Postponed from November 30, 2020
9:30 Calendar No. 20-168: 3312 Broadview Road Ward 12 – Anthony Brancatelli 18 Notices Anthony Duvall, owner, proposes to establish use as lounge and party/event center in a C2 Local Retail Business District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:
1. Section 343.01, which states that use for banquets/private events assembly space is not permitted in a Local retail Business District, first permitted in a General Retail Business District per division (b)(2)(L) of Section 343.11, and when in a General Retail Business District, subject to the regulations of division (a) of Section 347.12: must be at least 500 feet from a Residential District. Proposed use is within 500 feet of a Residential District.
2. Division (e) of Section 349.04, which states the total parking area equal to three times the gross floor area of establishment is required, and no accessory off-street parking is proposed. (Filed October 23, 2020 – No Testimony) FIRST POSTPONEMENT MADE AT THE REQUEST OF THE COUNCILMAN TO ALLOW FOR TIME FOR FURTHER REVIEW.
Schedule of the Board of Zoning Appeals For Monday, December 21, 2020 December 4, 2020 The City Record 118
Report of the Board of Zoning Appeals
Monday, November 30, 2020
At the meeting of the Board of Zoning Appeals on Monday, November 30, 2020, the following appeals were scheduled for hearing before the Board and;
The following appeals were APPROVED:
Calendar No. 20-178: 2314 West 37th Street Red Hawk North LLC., owner, proposes to erect a 20-foot by 41-foot, two-story frame, single-family residence and a detached garage in a B1 Two-Family Residential District.
Calendar No. 20-179: 2316 West 37th Street Red Hawk North LLC., owner, proposes to erect a single-family residence with detached garage in a B1 Two-Family Residential District.
Calendar No. 20-180: 5119 Tillman Avenue (Granted Conditionally) Kamis Properties LLC, owner, proposes to construct a new three-story, single-family residence with attached garage in a B1 Two-Family Residential District.
Calendar No. 20-181: 5121 Tillman Avenue (Granted Conditionally) Kamis Properties LLC, owner, proposes to construct a new three-story, single-family residence with attached garage in a B1 Two-Family Residential District.
Calendar No. 20-182: 5201 Tillman Avenue (Granted Conditionally) Kamis Properties LLC, owner, proposes to construct a new three-story, single-family residence with attached garage in a B1 Two-Family Residential District.
Calendar No. 20-183: 5203 Tillman Avenue (Granted Conditionally) Kamis Properties LLC, owner, proposes to construct a new three-story, single-family residence with attached garage in a B1 Two-Family Residential District.
Calendar No. 20-184: 7427 Detroit Avenue Travis Peebles, Blazing Saddles Prop LLC, owner, and Olive Ink LLC., tenant, propose to establish tattooing use in a K3 Local Retail Business District.
Calendar No. 20-185: 1380 East 32nd Street City of Cleveland, owner, proposes to renovate existing recreation center, including 5,300-square-foot addition, and reduction of accessory off-street parking lot to 14 spaces in a B1 Two-Family Residential District.
The following appeals were DENIED: None
Report of the Board of Zoning Appeals From Monday, November 30, 2020 December 4, 2020 The City Record 119
The following appeals were WITHDRAWN:
Calendar No. 20-153: 10933 Superior Avenue 10933 Limited Liability, owner, and Ariel Scott DBA Caterpillars to Butterflies, propose to change use of retail store to a daycare in G2 Limited Retail Zoning District and an Urban Form Overlay District.
The following appeals were DISMISSED: None
The following cases were REINSTATED: None
The following cases were POSTPONED:
Calendar No: 20-168: Anthony Duvall 3312 Broadview Road. Postponed to December 21, 2020.
Calendar No: 20-151: Ameritrust 11800 Sprecher Avenue. Postponed to January 11, 2021.
Calendar No: 20-108: Yousef Khanfar 14700 Judson Drive. Postponed to January 25, 2021.
The following cases were heard by the Board of Zoning Appeals on Monday, November 23, 2020, and the decisions were adopted and approved on Monday, November 30, 2020:
The following appeals were APPROVED:
Calendar No. 20-172: 14925 Shore Acres Drive Daniel Bode and Megan J. Doerr, owners, propose to convert existing two-car garage to music room and bath of existing single-family residence in an A1 One Family Residential District.
Calendar No. 20-174: 11510 Edgewater Drive Nancy M. and Maureen H. Russo, owners, propose to erect 22-foot by 12-foot, two-story addition to a single-family residence in an AA Limited One Family Residential District.
The following cases were heard by the Board of Zoning Appeals on Monday, November 16, 2020, and the decisions were adopted and approved on Monday, November 30, 2020:
The following appeals were DENIED:
Calendar No. 20-173: 4295 West 155th Street Debra Knotts, owner, proposes to convert a single-family residence basement to a salon shop a One-Family Zoning District.
Report of the Board of Zoning Appeals From Monday, November 30, 2020 December 4, 2020 The City Record 120
Agenda of the Board of Building Standards and Building Appeals
Wednesday, December 9, 2020
Board of Building Standards and Building Appeals Cleveland City Hall Room 514 216-664-2418
Download the Webex Desktop App or the mobile App from the Webex website at https://www.webex.com/downloads.html/
Instructions to enable a browser plug-in for Chrome or Firefox can be found here: https://help.webex.com/en-us/WBX77970/How-Do-I-Enable-the- Webex-Plug-in-to-Join-aMeeting-Using-Chrome-or-Firefox
For instructions to join the call, you can go to https://help.webex.com/en- us/bksp8r/Join-a-Meeting-from-the-Webex-Meetings-Desktop-Appor- Mobile-App
Email [email protected] to receive the calendar invite (This invite is for testament/witness purposes only).
Public Hearings will be streamed live on the following formats:
TV 20: http://www.tv20cleveland.com/watch-now/
YouTube: https://www.youtube.com/channel/UCex1RYSD6x-6ViP_-n2xpGg
NOTE: This is a tentative Agenda and may vary both in scope and order of presentation as time permits and circumstances warrant.
BUILDING: PUBLIC HEARING: 9:30 a.m.
Docket A-55-20 4237 Rocky River Drive WARD: 17 (Charles Slife)
Cris Stern, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Two-Story Masonry Walls/Wood Floors Structure, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated February 12, 2020; appellant is requesting for six (6) months to abate the violations.
Agenda of the Board of Building Standards and Building Appeals For Wednesday, December 9, 2020 December 4, 2020 The City Record 121
Docket A-57-20 11901 Miles Road WARD: 2 (Kevin L. Bishop)
Jajuan D. Fitzgerald, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Two-Story Masonry Structure, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated February 10, 2020; appellant is requesting for ten (10) months to abate the violations.
Docket A-58-20 7000 Central Avenue WARD: 2 (Phyllis E. Cleveland)
Christie Lites Cleveland LLC, owner of the MXD Mixed Uses-Multiple Uses in One Building Masonry Structure, appeals from a NOTICE OF VIOLATION – TRACTION, dated February 14, 2020; appellant is requesting for time to complete abatement of the violations.
Docket A-61-20 9413 Holton Avenue WARD: 4 (Kenneth L. Johnson)
John Lee Pride, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Two-Story Masonry Structure, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated March 3, 2020; appellant is requesting for time to abate the violations.
Docket A-63-20 12500-12600 Shaker Boulevard WARD: 4 (Kenneth L. Johnson)
Shif Shaker Presidential LLC, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); High-Rise Building, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated February 21, 2020; appellant is requesting for time to complete abatement of the violations.
Docket A-64-20 7105 Lorain Avenue WARD: 15 (Jenny Spencer)
Redwin Lewis/ Glitterman Limited, owner of the M-Mercantile – Retail Shops; Carry-out Food Shops; One-Story Masonry Structure, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated February 27, 2020; appellant is requesting for ninety (90) days to complete abatement of the violations.
Agenda of the Board of Building Standards and Building Appeals For Wednesday, December 9, 2020 December 4, 2020 The City Record 122
HOUSING: PUBLIC HEARING: 9:30 a.m.
Docket A-53-20 3344 West 128th Street WARD: 16 (Brian Kazy)
Asim Sekic, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated January 30, 2020; appellant is requesting for time to complete abatement of the violations.
Docket A-54-20 10511 Buckeye Road WARD: 3 (Kerry McCormack)
Veronica Davenport, owner of the Two Dwelling Units; Two-Family Residence; Two- Story Frame Property, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated March 2, 2020; appellant is requesting for six (6) months to complete abatement of the violations.
Docket A-56-20 16909 Palda Drive WARD: 1 (Joseph T. Jones)
Adjoua Catherine Ndri, owner of the One Dwelling Unit; Single-Family Residence; One-Story Masonry Walls/Wood Floors Property, appeals from a NOTICE OF VIOLATION – ILLEGAL OCCUPANCY, CONDEMNATION ORDER – MAIN STRUCTURE, CONDEMNATION – GARAGE, dated February 19, 2020, and May 20, 2016; appellant is requesting for time to abate the violations.
Docket A-59-20 3618 West 49th Street WARD: 14 (Jasmin Santana)
D&K Properties Ohio LTD, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 13, 2019; appellant is requesting for time to abate the violations.
Docket A-60-20 406 East 148th Street WARD: 8 (Michael Polensek)
Horizon Trust Company Custodian FBO Joseph Fortunato, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – NTERIOR/EXTERIOR MAINTENANCE, LEAD VIOLATION, dated December 26, 2019; appellant is requesting for time to complete abatement of the violations.
Agenda of the Board of Building Standards and Building Appeals For Wednesday, December 9, 2020 December 4, 2020 The City Record 123
Docket A-62-20 1430 West 116th Street WARD: 15 (Jenny Spencer)
Musleh Mohammad, owner of the One-Story Wood Frame/Siding/Masonry Veneer Property, appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated March 6, 2020; appellant is requesting for sixty (60) days to complete abatement of the violations.
Reopened Docket(s):
BUILDING: PUBLIC HEARING: 9:30 a.m.
Docket A-52-20 7026 Wade Park Avenue WARD: 7 (Basheer S. Jones)
Money Matters Investments, LLC, owner of the MXD Mixed Uses-Multiple Uses in One Building; Two-and-Half-Story Frame Structure, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated February 18, 2020; appellant is requesting for six (6) months to abate the violations.
HOUSING: PUBLIC HEARING: 9:30 a.m.
Docket A-51-20 3678 West 137th Street WARD: 16 (Brian Kazy)
Joanna & Americo Parente, owners of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated August 12, 2019; appellant is requesting for time to abate the violations.
Agenda of the Board of Building Standards and Building Appeals For Wednesday, December 9, 2020 December 4, 2020 The City Record 124
Approval of Resolutions
Docket/s:
A-41-20 Ethel D. White A-42-20 Jorge Ortiz A-44-20 Theresa A. Sutton A-45-20 DTC OH INVESTING, LLC c/o Miquel A. Caez Reyes A-46-20 Brenda M. Smith A-47-20 Werner J. Cooch A-48-20 FFCR LLC A-50-20 Dale Rodick
Approval of Minutes
November 25, 2020
Agenda of the Board of Building Standards and Building Appeals For Wednesday, December 9, 2020 December 4, 2020 The City Record 125
MEMO
To: Tom Vanover, Commissioner/CBO
From: Carmella Davis, Executive Secretary Board of Building Standards and Building Appeals
Date: November 18, 2020
Subject: Request for presence at board hearing
The Board of Building Standards and Building Appeals request the presence of a representative for a Public Hearing on the following Docket/s from the Department of Building and Housing, and the presence of a representative from the Division of Fire on Wednesday, December 9, 2020 at approximately 9:30 a.m.
DOCKET NO. ADDRESS INSPECTOR/S
BUILDING
A-55-20 4237 Rocky River Drive C. Davis A-57-20 11901 Miles Road R. Conte A-58-20 7000 Central Avenue D. Skoh A-61-20 9413 Holton Avenue J. Cooper A-63-20 12500 Shaker Boulevard J. Davis A-64-20 7105 Lorain Avenue K. Maxwell
HOUSING
A-53-20 3344 West 128th Street S. Walter A-54-20 10511 Buckeye Road J. Cooper A-56-20 16909 Palda Drive J. Dejesus A-59-20 3618 West 49th Street R. Derrett A-60-20 406 East 148th Street R. Derrett A-62-20 1430 West 116th Street S. Lang
Agenda of the Board of Building Standards and Building Appeals For Wednesday, December 9, 2020 December 4, 2020 The City Record 126
Public Notice
NOTICE
REQUEST FOR PROPOSALS
PROFESSIONAL SERVICES FOR UPDATING THE CITY COUNCIL WEBSITE
PROPOSAL DUE DATE/TIME: Friday, December 18, 2020 / 4:00 p.m. (EST)
Cleveland City Council requests responses from qualified parties to provide professional services necessary to update, customize, maintain and implement the City Council Website.
The Council is looking for a website developer/designer and/or vendor-authorized consulting partner to refresh, redesign, configure, implement, develop, and train core users for the City Council Website. In addition to providing technical assistance, the selected Consultant must be qualified to consult with the Clerk of Council and her designees on future phases of product implementation in the areas of technology, subject matter and process.
TO GET A COPY OF THE FULL RFP, GO TO www.clevelandcitycouncil.org.
Public Notice December 4, 2020 The City Record 127
City of Cleveland Bids
For All Departments
Sealed bids will be received at the office of the Commissioner of Purchases and Supplies, Room 128, City Hall, in accordance with the appended schedule, and will be opened and read in Room 128, City Hall, immediately thereafter.
Each bid must be made in accordance with the specifications and must be submitted on the blanks supplied for the purpose, all of which may be obtained at the office of the said Commissioner of Purchases and Supplies, but no bid will be considered unless delivered to the office of the said commissioner previous to 12:00 noon (Eastern Standard Time) on the date specified in the schedule.
Section 187.10 of the Codified Ordinances: Negotiated contracts; Notice required in Advertisements for Bids
Where invitations for bids are advertised, the following notice shall be included in the advertisement: “Pursuant to the MBE/FBE Code; each prime bidder, each minority business enterprise (“MBE”) and each female business enterprise (“FBE”) must be certified before doing business with the City. Therefore, any prime contractor wishing to receive credit for using an MBE or FBE should ensure that applications for certifications as to MBE or FBE status compliance with the Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”) prior to the date of bid opening or submission of proposals or as specified by the Director. Failure to comply with the business enterprise code or with representations made on these forms may result in cancellation of the contract or other civil or criminal penalties.
Click on a bid below to read it:
File No. 109-20 File No. 113-20
File No. 110-20 File No. 114-20
File No. 111-20 File No. 115-20
File No. 112-20
City of Cleveland Bids December 4, 2020 The City Record 128
BID OPENS – WEDNESDAY, DECEMBER 16, 2020
File No. 109-20: (Re-Bid) Engine 21 (FY Port Security Grant Program) FOR THE DIVISION OF FIRE FOR THE DEPARTMENT OF PUBLIC SAFETY, AS AUTHORIZED BY ORDINANCE 1425-2019, PASSED BY COUNCIL DECEMBER 2, 2019.
There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, December 3, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 180 792 3381.
Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 109-20 December 4, 2020 The City Record 129
BID OPENS – WEDNESDAY, DECEMBER 23, 2020
File No. 110-20: Service Fittings FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1630-92, SECTION 129.25, PASSED BY COUNCIL SEPTEMBER 21, 1992.
There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, December 3, 2020, at 9:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 180 632 1233.
Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 110-20 December 4, 2020 The City Record 130
BID OPENS – WEDNESDAY, DECEMBER 23, 2020
File No. 111-20: Diving and Underwater Services FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 662-2020, PASSED BY COUNCIL SEPTEMBER 9, 2020.
There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, December 3, 2020, at 9:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 180 215 9204.
Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 111-20 December 4, 2020 The City Record 131
BID OPENS – WEDNESDAY, DECEMBER 23, 2020
File No. 112-20: Purchase of Labor and Materials to Repair and Repair Parts for Various Types of Machines and Equipment (Re-Bid) FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1440-2019, PASSED BY COUNCIL FEBRUARY 3, 2020.
There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, December 3, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 180 615 0340.
Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 112-20 December 4, 2020 The City Record 132
BID OPENS – THURSDAY, DECEMBER 17, 2020
File No. 113-20: Citywide Armored Courier Services FOR THE VARIOUS DIVISIONS FOR THE DEPARTMENT OF FINANCE, AS AUTHORIZED BY ORDINANCE 1419-2019, PASSED BY COUNCIL NOVEMBER 25, 2019.
There will be a NO Pre-Bid Meeting.
Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 113-20 December 4, 2020 The City Record 133
BID OPENS – THURSDAY, DECEMBER 17, 2020
File No. 114-20: Citywide Labor and Materials Necessary to Install, Recharge, Replace, and Test Fire Extinguishers FOR THE VARIOUS DIVISIONS FOR THE DEPARTMENT OF FINANCE, AS AUTHORIZED BY ORDINANCE 497-08, SECTION 181.101, PASSED BY COUNCIL JUNE 2, 2008.
There will be a NO Pre-Bid Meeting.
Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 114-20 December 4, 2020 The City Record 134
BID OPENS – WEDNESDAY, DECEMBER 30, 2020
File No. 115-20: BLOSSOM HILL COMMUNICATIONS SITE AND BALDWIN WTP COMMUNICATION SITE DEMOLITIONS PROJECT FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 723-2019, PASSED BY COUNCIL JULY 24, 2019.
There is no charge for plans and specifications.
Bidders must be on the Plan-holders list to submit a bid or receive any addenda. Out-of- area bidders may email requests to receive plans and specifications to, [email protected]. In the email request please include your company’s FedEx Account number, full company's name and address, company's contact/representative full name, contact telephone number, facsimile telephone number and email address. The FedEx delivery charges for the plans and specifications will be billed to the bidder’s company FedEx account number provided.
There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, December 10, 2020, at 10:00 a.m. via Webex Meeting. To call into the meeting, dial 1-(415)-655- 0003. The access code is 180 648 9746.
Note: Pick-up of drawings and spec. book and drop off of bids will take place @ 1201 Lakeside Avenue, Side Entrance - Carl B. Stokes Public Utilities Building. Bid must be delivered to the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).
City of Cleveland Bids File No. 115-20 December 4, 2020 The City Record 135
Directory of City Officials City Council
601 Lakeside Avenue Room 220 Cleveland, OH 44114
Phone: 216.664.2840
President of Council – Kevin J. Kelley
City Clerk, Clerk of Council – Patricia J. Britt
Name Ward Joseph T. Jones 1 Kevin L. Bishop 2 Kerry McCormack 3 Kenneth L. Johnson, Sr. 4 Phyllis E. Cleveland 5 Blaine A. Griffin 6 Basheer S. Jones 7 Michael D. Polensek 8 Kevin Conwell 9 Anthony T. Hairston 10 Brian Mooney 11 Anthony Brancatelli 12 Kevin J. Kelley 13 Jasmin Santana 14 Jenny Spencer 15 Brian Kazy 16 Charles Slife 17
City Council Directory of City Officials December 4, 2020 The City Record 136
Permanent Schedule – Standing Committees of the Council 2018-2021
MONDAY – Alternating
9:30 a.m. – Health and Human Services Committee: McCormack (CHAIR), B. Jones (VICE-CHAIR), Conwell, Hairston, Johnson, Santana, Spencer.
9:30 a.m. – Municipal Services and Properties Committee: Johnson (CHAIR), J. Jones (VICE-CHAIR), Bishop, Brancatelli, Hairston, Kazy, Mooney.
MONDAY
2:00 p.m. – Finance Committee: Kelley (CHAIR), Cleveland (VICE-CHAIR), Bishop, Brancatelli, Conwell, Griffin, Kazy, McCormack, Mooney.
TUESDAY
9:30 a.m. – Development, Planning, and Sustainability Committee: Brancatelli (CHAIR), Hairston (VICE-CHAIR), Cleveland, Griffin, B. Jones, McCormack, Slife.
TUESDAY – Alternating
1:30 p.m. – Utilities Committee: Kazy (CHAIR), Bishop (VICE-CHAIR), Hairston, McCormack, Polensek, Santana, Slife.
1:30 p.m. – Workforce and Community Benefits Committee: Bishop (CHAIR), Griffin (VICE-CHAIR), B. Jones, J. Jones, Mooney, Slife, Spencer.
WEDNESDAY – Alternating
10:00 a.m. – Safety Committee: Griffin (CHAIR), Polensek (VICE-CHAIR), B. Jones, J. Jones, Kazy, Santana, Spencer.
10:00 a.m. – Transportation Committee: Cleveland (CHAIR), Slife (VICE-CHAIR), Bishop, Conwell, J. Jones, Santana, Spencer.
The following Committees meet at the Call of the Chair:
Mayor’s Appointments Committee: J. Jones (CHAIR), Brancatelli, Cleveland, Kelley, Mooney.
Operations Committee: Hairston (CHAIR), Griffin, J. Jones, Kelley, McCormack.
Rules Committee: Kelley (CHAIR), Cleveland, Hairston, Polensek, Slife.
Permanent Schedule — Standing Committees of the Council Directory of City Officials December 4, 2020 The City Record 137
City Departments
City Hall 601 Lakeside Avenue Cleveland, OH 44114
MAYOR – Frank G. Jackson Sharon Dumas, Interim Chief of Staff Darnell Brown, Chief Operating Officer Valarie J. McCall, Chief of Communications, Government & International Affairs Monyka Price, Chief of Education Jason Woods, Chief of Sustainability Natoya J. Walker Minor, Chief of Public Affairs Edward W. Rybka, Chief of Regional Development Tracy Martin-Thompson, Chief of Prevention, Intervention and Opportunity for Youth and Young Adults Sheryl Nechvatal, Executive Assistant to the Mayor Martin Flask, Project Coordinator Jaqueline Sutton, Manager – Mayor’s Action Center (MAC)
AGING – Mary McNamara, Director Victoria Corrigan, Administrative Manager Jennifer Rosich, Administrative Manager Adam Cisler, Administrative Manager Tanesha Hunter, Administrative Manager
BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Joseph F. Denk, Mechanical Engineer and Chairman Howard Bradley, Builder Patrick M. Gallagher, Labor Representative Robert Maschke, Architect
BOARD OF ZONING APPEALS Carol A. Johnson, Chairman Tim Donovan
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Myrline Barnes Kelley Britt Alanna Faith
BUILDING AND HOUSING – Ayonna Blue Donald, Director Divisions: Anthony Scott, Assistant Director Navid Hussain, Commissioner, Construction Permitting Richard Riccardi, Assistant Commissioner, Construction Permitting Thomas E. Vanover, Commissioner, Code Enforcement Karen L. Lopez, Administrative Assistant
CITY PLANNING COMMISSION – Freddy L. Collier, Jr., Director Members: David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Charles Slife, Diane Downing, August Fluker. CIVIL SERVICE COMMISSION Michael Spreng, Secretary Lila Abrams-Fitzpatrick, Administrator Betty Ivory, Supervisor of Civil Service Records Lisa Meece, Chief Examiner
COMMUNITY DEVELOPMENT – Tania Menesse, Director Divisions: Administrative Service – Joy Anderson, Commissioner Office of Fair Housing and Consumer Affairs – John Mahoney, Manager Neighborhood Development – James Greene, Commissioner Neighborhood Services – Louise Jackson, Commissioner
COMMUNITY RELATIONS BOARD – Grady Stevenson, Jr., Director Members: Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr.,Vice-Chairman; Council Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Santana, Peter Whitt, Ted Wammes.
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ECONOMIC DEVELOPMET – David Ebersole, Director
FINANCE – Sharon Dumas, Director Divisions: Accounts – Lonya Moss-Walker, Commissioner Assessments and Licenses – Dedrick Stephens, Commissioner City Treasury – James Hartley, Treasurer Financial Reporting and Control – James Gentile, Controller Information Technology and Services Donald-Anthony Phillips, Chief Information Officer Kimberly Roy Wilson, Commissioner Internal Audit – Natasha Brandt, Manager Printing and Reproduction – Michael Hewett, Commissioner Purchases and Supplies – Tiffany White Johnson, Commissioner Sinking Fund Commission – Betsy Hruby, Manager Taxation – Kevin Preslan, Income Tax Administrator and Commissioner of Taxation Treasury – James Hartley, Treasurer
HUMAN RESOURCES – Nycole West, Director
LAW – Barbara Langhenry, Director Gary Singletary, Chief Counsel Ronda Curtis, Chief Corporate Counsel Thomas Kaiser, Chief Trial Counsel Karrie Howard, Chief Assistant Prosecutor Robin Wood, Law Librarian
MAYOR’S OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Divisions: Architecture and Site Development – Carter Edman, Manager Engineering and Construction – Richard J. Switalski, Manager Real Estate – James DeRosa, Commissioner
MAYOR’S OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director
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MAYOR’S OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra T. Pierce-Scott, Director
PHOTO LAB – William Rieter, Chief Photographer Ruggero Fatica, Photographer Clare Walters, Chief Clerk
PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Airport Divisions: Cleveland Hopkins International Airport & Burke Lakefront Airport – Khalid Bahhur, Commissioner of Airports Burke Lakefront Airport – Tony Campofredano, Airport Leader
PUBLIC HEALTH – Merle Gordon, Director Divisions: Air Quality – David Hearne, Interim Commissioner Environment – Brian Kimball, Commissioner Health – Persis Sosiak, Commissioner Vital Statistics – Andrea Kacinari, City Registrar
PUBLIC SAFETY – Karrie D. Howard, Director Divisions: Animal Control Services – Colleen Siedecki, Chief Animal Control Officer Emergency Medical Service – Nicole Carlton, Commissioner Emergency Operations Center – Laura Palinkas, Assistant Director Fire – Angelo Calvillo, Chief Police – Calvin D. Williams, Chief Professional Standards – Roger C. Smith, Administrator
PUBLIC UTILITIES – Robert L. Davis, Director Divisions: Cleveland Public Power – Commissioner Radio Communications – Brad Handke, Manager Security – Robert Jarvis, Chief
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TV 20 – Kathy Allen, General Manager Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Cleveland Water – Alex Margevicius, Commissioner Water Pollution Control – Ramona Lowery, Commissioner
PUBLIC WORKS – Michael Cox, Director Offices: Administration – John Laird, Manager Public Auditorium Susie Claytor, Deputy Commissioner, Public Auditorium Samuel Gissentaner, Commissioner, Recreation Esha Hand, Manager of Special Events Felicia Hall, Manager, West Side Market Divisions: Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Park Maintenance and Properties – Richard L. Silva, Commissioner Parking Facilities – Kim Johnson, Interim Commissioner Property Management – Tom Nagle, Commissioner Streets – Randell Scott, Acting Commissioner Traffic Engineering – Robert Mavec, Commissioner Waste Collection and Disposal – Paul Alcantar, Commissioner
WORKFORCE DEVELOPMENT & OHIO MEANS JOBS – CLEVELAND/CUYAHOGA COUNTY – Grace A. Kilbane, Executive Director
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Cleveland Municipal Court Justice Center – 1200 Ontario Street
Judge Courtroom Presiding and Administrative Judge Michael D. Earley 14-C Judge Pinkey S. Carr 15-C Judge Marilyn B. Cassidy 13-A Judge Emanuella Groves 14-B Judge Lauren C. Moore 15-A Judge Michael L. Nelson, Sr. 12-A Judge Ann Clare Oakar 14-A Judge W. Mona Scott (Housing Court Judge) 13-B Judge Charles L. Patton, Jr. 13-D Judge Suzan M. Sweeney 12-C Judge Jazmin Torres-Lugo 13-C Judge Shiela Turner McCall 12-B Judge Joseph J. Zone 14-D
Earle B. Turner – Clerk of Courts Russell R. Brown III – Court Administrator Belinda Gest – Housing Court Administrator Robert J. Furda – Chief Bailiff Dean Jenkins – Chief Probation Officer Gregory F. Clifford – Chief Magistrate
Cleveland Municipal Courts Directory of City Officials December 4, 2020 The City Record 143
City Links
Board of Building Standards and Building Appeals http://planning.city.cleveland.oh.us/bza/bbs.html
Board of Zoning Appeals http://planning.city.cleveland.oh.us/bza/cpc.html
City Bids
Invitations to Bid http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/BID
Requests for Proposals/Requests for Qualifications http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/RFP
Cleveland Water http://www.clevelandwater.com/work-with-us/invitations-to-bid
Water Pollution Control http://wpc.clevelandwater.com/?page_id=3342
Cleveland Airports https://www.clevelandairport.com/about-us/business-cle/bids-rfps
City Jobs http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Hu manResources https://www.governmentjobs.com/careers/cleveland
City of Cleveland http://www.city.cleveland.oh.us/
City of Cleveland Charter and Codified Ordinances https://codelibrary.amlegal.com/codes/cleveland/latest/overview
Civil Service Commission http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Civ ilServiceCommission
Cleveland City Council http://www.clevelandcitycouncil.org/
City Links Directory of City Officials December 4, 2020 The City Record 144
Cleveland Courts
Cleveland Municipal Court http://clevelandmunicipalcourt.org/home.html
Clerk of Courts – Cleveland Municipal Court https://clevelandmunicipalcourt.org/clerk-of-courts
Cleveland Housing Court http://clevelandhousingcourt.org/
City Links Directory of City Officials