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The City Record Official Publication of the Council of the City of

December 13, 2019

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 13, 2019 The City Record 2

Table of Contents

Click on an entry below to go to that section.

Official Proceedings – City Council 3 Council Committee Meetings 4 Board of Control 5 Report of the Board of Zoning Appeals 15 City of Cleveland Bids 17 Adopted Resolutions and Passed Ordinances 19 Directory of City Officials City Council 152 Permanent Schedule — Standing Committees of Council 153 City Departments 154 Cleveland Municipal Court 159 City Links 160

Table of Contents December 13, 2019 The City Record 3

Official Proceedings City Council

Cleveland, Ohio Monday, December 9, 2019

There was no City Council meeting on Monday, December 9, 2019.

The next City Council meeting is Monday, January 6, 2020, at 7:00 p.m. in Council Chambers on the second floor of City Hall.

Official Proceedings – City Council December 13, 2019 The City Record 4

Council Committee Meetings

Wednesday, December 11, 2019 10:00 a.m.

Health and Human Services Committee Present: Griffin, Chair; McCormack, Vice Chair; Cleveland, Conwell, Kazy, Kelley, Santana, Zone

Council Committee Meetings December 13, 2019 The City Record 5

Board of Control

Wednesday, December 11, 2019

The meeting of the Board of Control convened in the Mayor's office on Wednesday, December 11, 2019, at 10:38 a.m. with Director Langhenry presiding.

Members Present: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Absent: Mayor Jackson, Director Gordon

Others Present: Tiffany White-Johnson, Commissioner Purchases & Supplies

Melissa Burrows, Director Office of Equal Opportunity

On motions, the resolutions attached were adopted, except as may be otherwise noted.

There being no further business, the meeting was adjourned at 10:43 a.m.

Jeffrey B. Marks Secretary – Board of Control

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 6

Resolution No. 573-19 Received 12/9/19 By Director Davis Approved 12/10/19 Adopted 12/11/19

BE IT RESOLVED by the Board of Control of the City of Cleveland that under the authority of Ordinance No. 1004-2019, passed by the Council of the City of Cleveland on September 30, 2019, Backflow Solutions, Inc. is selected from a list of firms determined after a full and complete canvass by the Director of Public Utilities as the firm to be employed by contract to provide professional services necessary to administer a Backflow Data Management Program, including but not limited to, the administration and implementation of a backflow prevention device tracking and management system, which will incorporate a function allowing licensed plumbing contractors to submit backflow test results via a secure internet website, for a period of three years, with two one-year options to renew.

BE IT FURTHER RESOLVED that the Director of Public Utilities is authorized to enter into a written contract with Backflow Solutions, Inc. ("Consultant") based upon its September 9, 2019, proposal, which contract shall be prepared by the Director of Law, shall provide for furnishing of the services described in the proposal, for a fee for administration of the program of $9.95 per backflow test result to be due and collected only from each licensed plumbing contractor conducting a test, for the initial three-year term and the option years, if exercised. In addition, Consultant shall collect from the licensed plumbing contractors conducting a test and remit monthly to the Division of Water the processing fee listed in division (k) of Section 535.06, Codified Ordinances of Cleveland, Ohio, 1976.

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 7

Resolution No. 574-19 Received 12/9/19 By Director Davis Approved 12/10/19 Adopted 12/11/19

WHEREAS, under authority of Ordinance No. 1406-15, passed by the Council of the City of Cleveland on November 30, 2015, and under Resolution Nos. 523-18, 151-19, and 295-19 respectively adopted by this Board of Control on December 19, 2018, April 24, 2019, and July 3, 2019, the City entered into City Contract No. PI2019-011 with Kokosing Industrial, Inc. for the public improvement of Baldwin Improvements - A, for the Division of Water, Department of Public Utilities, and approved various subcontractors; and

WHEREAS, by its letter dated November 26, 2019, Kokosing Industrial, Inc. requested the City's consent to add a subcontractor to a subcontractor and to substitute Wadsworth Service, Inc. for previously approved subcontractor United Electrical Systems; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland that Board of Control Resolution No. 295-19, adopted July 3, 2019, is amended, consistent with Ordinance No. 1406-15, passed by the , on November 30, 2015, by substituting Wadsworth Service, Inc. for subcontractor United Electrical Systems, as follows:

Subcontractor Work Percentage Wadsworth Service, Inc. (non-certified) $19,000.00 0.00%

BE IT FURTHER RESOLVED that the employment of the following subcontractor by Wadsworth Solutions Northeast, a registered trade name for Wadsworth-Slawson, Inc., a subcontractor to Synergy, LLC, in turn a subcontractor to Kokosing Industrial, Inc. under City Contract No. PI2019-011, is approved:

Subcontractor Work Percentage Herbst Electric Company (non-certified) $218,166.00 0.00%

BE IT FURTHER RESOLVED that Resolution No. 295-19 is further amended by increasing the participation amount attributed to subcontractor Wadsworth Solutions Northeast from $600,000.00 to $832,834.00.

BE IT FURTHER RESOLVED that all other provisions of Resolution No. 295-19 not expressly amended above shall remain unchanged and in full force and effect.

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 8

Resolution No. 575-19 Received 12/9/19 By Director Davis Approved 12/9/19 Adopted 12/11/19

BE IT RESOLVED by the Board of Control of the City of Cleveland that under the authority of Section 129.294 of the Codified Ordinances of Cleveland, Ohio, 1976, The Osborn Engineering Company is selected from a list of firms determined after a full and complete canvass by the Director of Public Utilities as the firm to be employed by contract to provide professional engineering services necessary to design various water main renewal, repair, replacement projects, and testing analysis, for a period of two (2) years, for the Division of Water, Department of Public Utilities.

BE IT FURTHER RESOLVED that the Director of Public Utilities is authorized to enter into a contract with The Osborn Engineering Company based upon its proposal dated October 8, 2019, which contract shall be prepared by the Director of Law, shall provide that the compensation services for the professional services described in the proposal shall not exceed $2,669,450.32, and shall contain such other provisions as the Director of Law deems necessary to protect and benefit the public interest.

BE IT FURTHER RESOLVED that the employment of the following subconsultants by The Osborn Engineering Company for the above-mentioned professional services is approved:

Subconsultants Work Percentage HDR Engineering (non-certified) $120,896.76 0.00% Euthenics, Inc. (CSB) $146,383.01 5.48% Wade Trim (non-certified) $120,896.76 0.00% Partners Environmental Consulting (CSB) $75,781.79 2.84% Pure Technologies (non-certified) $636,500.00 0.00% KS Associates (FBE) $100,953.65 3.78% Forest Tree (non-certified) $50,000.00 0.00% Underwater Marine Contractors (CSB) $50,000.00 1.87%

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 9

Resolution No. 576-19 Received 12/9/19 By Director Davis Approved 12/9/19 Adopted 12/11/19

REQUIREMENT CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of

S. A. Comunale Co., Inc., for an estimated quantity of Plumbing Services, all items, for the Divisions of Cleveland Public Power and Water Pollution Control, Department of Public Utilities, for a period of two years starting upon the later of execution of a contract or the day following expiration of the currently effective contract for the goods or services, with two one-year options to renew, received on September 6, 2019, under the authority of Ordinance No. 545-17, passed June 5, 2017, which on the basis of the estimated quantity would amount to $750,063.75, 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 will furnish the remainder of the requirement for the goods and/or services, whether more or less than the estimated quantity, as may be ordered under subsequent delivery orders separately certified against the contract.

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 10

Resolution No. 577-19 Received 12/9/19 By Director Davis Approved 12/9/19 Adopted 12/11/19

REQUIREMENT CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of

Chemtrade Chemicals US LLC for an estimated quantity of liquid alum coagulant, item 1, for the Division of Water, Department of Public Utilities, for a period of two years 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 October 9, 2019, under the authority of Section 129.24 of the Codified Ordinances of Cleveland Ohio, 1976, which on the basis of the estimated quantity would amount to $6,460,000.00 (0%), 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.

BE IT FURTHER RESOLVED by the Board of Control of the City of Cleveland that the employment of the following subcontractor by Chemtrade Chemicals US LLC for the above-mentioned service is approved:

Subcontractor Work Percentage Wagner Brothers Trucking, Inc. (non-certified) Estimated Contract Amount - 30%

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 11

Resolution No. 578-19 Received 12/9/19 By Director Davis Approved 12/9/19 Adopted 12/11/19

REQUIREMENT CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of

USALCO, LLC for an estimated quantity of alum blend coagulant, item 2, for the Division of Water, Department of Public Utilities, for a period of two years 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 October 9, 2019, under the authority of Section 129.24 of the Codified Ordinances of Cleveland Ohio, 1976, which on the basis of the estimated quantity would amount to $1,449,700.00 (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, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 12

Resolution No. 579-19 Received 12/9/19 By Director Davis Approved 12/9/19 Adopted 12/11/19

STANDARD PURCHASE CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the conditional bid of

Thermo Electron North America, LLC, except for such terms and conditions as are unacceptable to the Director of Law, for an estimated quantity of the purchase of Inductively Coupled Plasma Mass Spectrometry Instrument and Appurtenances, all items, for the Division of Water, Department of Public Utilities, received on October 16, 2019, under the authority of Section 129.28 of the Codified Ordinances of Cleveland Ohio, 1976, which on the basis of the order quantities would amount to $145,719.02 (0%, 45 Days), with a trade-in allowance included in pricing, is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a contract for the items.

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 13

Resolution No. 580-19 Received 12/9/19 By Director Davis Approved 12/9/19 Adopted 12/11/19

PUBLIC IMPROVEMENT CONTRACT

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that the bid of

The Vallejo Company for the public improvement of 2019-D Water Main Renewal, all items, under the authority of Ordinance No. 922-18, passed September 17, 2018, upon a unit basis for the improvement in the aggregate amount of $848,988.49, for the Division of Water, Department of Public Utilities, received on September 20th, 2019, is affirmed and approved as the lowest responsible bid, and the Director of Public Utilities is authorized to enter into a contract for the improvement with the bidder.

BE IT FURTHER RESOLVED that the employment of the following subcontractors by The Vallejo Company for the above-mentioned public improvement is approved.

Subcontractors Work Percentage Rockport Ready Mix, Inc. (CSB) $203,000.00 23.91% Terrace Construction Co., Inc. (Non-Certified) $265,000.00 31.21 % Cuyahoga Supply & Tool, Inc. (CSB) $42,650.99 5.02% The C.J. Zack Co., Inc. (Non-Certified) $8,464.00 1.00% Trafftech, Inc. (CSB) $10,600.00 1.25%

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 14

Resolution No. 581-19 Received 12/9/19 By Director Menesse Approved 12/9/19 Adopted 12/11/19

WHEREAS, under Ordinance No. 2076-76 passed October 25, 1976, the City is conducting a Land Reutilization Program ("Program") according to the provisions of Chapter 5722 of the Ohio Revised Code; and

WHEREAS, under the Program, the City has acquired Permanent No. 002-20-013 located at 8421 Avenue; and

WHEREAS, Section 183.021 of the Codified Ordinances of Cleveland, Ohio 1976 authorizes the Commissioner of Purchases and Supplies, when directed by the Director of Community Development and when certain specified conditions have been met, to lease Land Reutilization Program parcels; and

WHEREAS, Elizabeth Bonham has proposed to the City to lease and operate the parcel as a market garden; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 15 has either approved the proposed lease or has not disapproved or requested a hold of the proposed lease within 45 days of notification of it;

2. The proposed lessee of the parcel is neither tax delinquent nor in violation of the Building and Housing Code; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, to execute a lease for a term of five ( 5) years for and on behalf of the City of Cleveland with Elizabeth Bonham for the lease of Permanent Parcel No. 002-20-013 located at 8421 Detroit Avenue, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

BE IT FURTHER RESOLVED THAT the consideration for the lease of the parcel shall be a one-time fee of $5.00, which amount is determined to be not less than the fair market value of the parcel for uses according to the Program.

Yeas: Directors Langhenry, Dumas, Davis, Acting Director Shaw, Directors Cox, McGrath, Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Gordon

Board of Control From Wednesday, December 11, 2019 December 13, 2019 The City Record 15

Report of the Board of Zoning Appeals

Monday, December 9, 2019

At the meeting of the Board of Zoning Appeals on Monday, December 9, 2019, the following appeals were scheduled for hearing before the Board and;

The following appeals were APPROVED:

Calendar No. 19-283: 4413 John Avenue (Pending letter of authorization) Stephen O'Bryan, owner, and True North Living, prospective purchaser, are proposing to erect a three-story, 1,700-square-foot, single-family residence with attached garage in a B1Two-Family Residential.

Calendar No: 19-284: 4102-4104 Lee Road (Pending design review approval) Mohamed Kaba, owner, proposes to change the use of existing first floor to a grocery store and erect an addition for shipping/receiving and storage on a parcel of land that is located in a G1 Local Retail Business District, an A1 One Family Residential District, and an Urban Form Overlay District.

Calendar No: 19-203: 2443 Thurman Avenue Elvis Sugar, owner, and Oliver Flesher, prospective purchaser, propose to erect a three- story, single-family residence with an attached front-loaded garage in a B1 Two-Family Residential District.

The following appeals were DENIED: None

The following appeals were WITHDRAWN:

Calendar No. 19-199: 13900 Miles Road Nat Services Inc. (AKA Gusto International Ltd.), owner, proposes to demolish part of the building and leave a slab for storage of used salvaged materials in a C1 Semi- Industry District.

Calendar No. 19-243: 2695 East 55th Street Carey Holdings Inc., owner, proposes to install a rock crusher/shredder for recycling demolition waste in a C2 Semi-Industry District.

The following appeals were DISMISSED: None

The following cases were REMANDED: None

Report of the Board of Zoning Appeals From Monday, December 9, 2019 December 13, 2019 The City Record 16

The following cases were POSTPONED:

Calendar No. 19-278: Tony Posanle 16802 Puritas Avenue. Postponed to January 13, 2020 .

Calendar No. 19-280: Gregory L. Jones 3355 East 145th Street. Postponed to February 3, 2020.

The following cases were heard by the Board of Zoning Appeals on Monday, December 2, 2019, and the decisions were adopted and approved on Monday, December 9, 2019:

The following appeals were APPROVED:

Calendar No. 19-267: 19401 Kilson Avenue Majdi Azzam, owner, proposes to construct a new nine-foot x 10-foot front porch/deck in an A1 One-Family Residential District.

Calendar No. 19-271: 5601 Tillman Avenue Tillman Partners LLC, owner, proposes to change the use from machine shop to commercial food preparation in C2 Local Retail District.

Calendar No. 19-272: 13011 Triskett Road (Revised Drawings received) Paul Zimmer/PCS Autobody, owner, proposes to erect a 9,000-square-foot steel building for vehicle storage in a B1 Local Retail Business District.

Calendar No. 19-273: 1825 W. 57th Street Stephen and Carolyn Warner, owners, propose to construct a 2,200-square-foot addition on a 4,600-square-foot lot in a B1 Two-Family Residential District.

Calendar No. 19-274: 3250 W. 31st Street La Villa LP., owner, is proposing to erect a 14-foot x 20-foot, one-story frame, detached garage in a B1 Two-Family Residential District.

Calendar No. 19-275: 3315 Storer Avenue La Villa LP., owner, is proposing to erect a 14-foot x 20-foot, one-story frame, detached garage in a B1 Two-Family Residential District.

Calendar No. 19-276: 664 E. 108th Street Patricia Bohanon, owner, proposes to install storm windows to enclose existing nine- foot x 26-foot, wooden open front porch of single-family residence in an A1 One-Family Residential District.

Calendar No. 19-279: 2021 W. 25th Street Ohio City Legacy LLC, owner, proposes to establish for mixed use for parking garage, 290 residential dwelling units, and event space in a K4 Limited Retail Zoning District and an Urban Form Overlay District.

Report of the Board of Zoning Appeals From Monday, December 9, 2019 December 13, 2019 The City Record 17

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. 161-19

City of Cleveland Bids December 13, 2019 The City Record 18

BID OPENS – WEDNESDAY, JANUARY 8, 2020

File No. 161-19: 2019 Public Improvements League Park Scoreboard FOR THE DIVISION OF ARCHITECTURE AND SITE DEVELOPMENT FOR THE DEPARTMENT OF MAYOR’S OFFICE OF CAPITAL PROJECTS, AS AUTHORIZED BY ORDINANCE 638-19, PASSED BY COUNCIL JULY 24, 2019.

There will be a Non-Refundable Fee for plans and specifications in the amount of twenty-five dollars ($25.00) only in the form of a Cashier’s Check or Money Order (No Company Checks, No Cash and No Credit Cards will be accepted to purchase plans. All plans and specifications must be purchased directly from the Division of Purchases and Supplies. Bidders must be on the Plan-holders list to submit a bid or receive any addenda.) Out-of-area bidders may send their Non-Refundable Fee for plans via FedEx delivery to: City of Cleveland, Division of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114. Include in your request your company’s FedEx Account number, full company name and address, company 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 19, 2019, at 10:00 a.m. Located at Cleveland City Hall, 601 Lakeside Avenue, Cleveland, Ohio 44114, Room 517A.

Questions regarding the purchase of plans and specifications can be directed to Royce Griffin at (216) 664-2628.

Note: Bid must be delivered to the Office of the Commissioner of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 161-19 December 13, 2019 The City Record 19

Adopted Resolutions and Passed Ordinances

These resolutions were adopted, and ordinances were passed by City Council on December 2, 2019, and, in accordance with Section 48 of the Charter of the City of Cleveland, are published here in the City Record within 10 days of final passage.

Click on a piece of legislation below to read it:

Ord. No. 77-18 Ord. No. 1429-2019 Ord. No. 1511-2019

Ord. No. 1087-2019 Ord. No. 1430-2019 Ord. No. 1513-2019

Ord. No. 1215-2019 Ord. No. 1438-2019 Ord. No. 1514-2019

Ord. No. 1339-2019 Ord. No. 1439-2019 Ord. No. 1515-2019

Ord. No. 1358-2019 Ord. No. 1441-2019 Ord. No. 1516-2019

Ord. No. 1359-2019 Ord. No. 1442-2019 Ord. No. 1517-2019

Ord. No. 1362-2019 Ord. No. 1443-2019 Ord. No. 1518-2019

Ord. No. 1365-2019 Ord. No. 1448-2019 Ord. No. 1519-2019

Ord. No. 1366-2019 Ord. No. 1499-2019 Ord. No. 1520-2019

Ord. No. 1367-2019 Ord. No. 1500-2019 Ord. No. 1521-2019

Ord. No. 1368-2019 Ord. No. 1501-2019 Ord. No. 1522-2019

Ord. No. 1370-2019 Ord. No. 1502-2019 Ord. No. 1523-2019

Ord. No. 1376-2019 Ord. No. 1503-2019 Ord. No. 1524-2019

Ord. No. 1377-2019 Ord. No. 1504-2019 Ord. No. 1525-2019

Ord. No. 1379-2019 Ord. No. 1505-2019 Ord. No. 1532-2019

Ord. No. 1388-2019 Ord. No. 1506-2019 Res. No. 997-2019

Ord. No. 1389-2019 Ord. No. 1507-2019 Res. No. 1328-2019

Ord. No. 1424-2019 Ord. No. 1508-2019 Res. No. 1542-2019

Ord. No. 1425-2019 Ord. No. 1509-2019

Ord. No. 1426-2019 Ord. No. 1510-2019

Adopted Resolutions and Passed Ordinances December 13, 2019 The City Record 20

Ordinance No. 77-18

Council Member: McCormack

An ordinance changing the Use, Area and Height Districts of parcels in along the west bank of the as identified on the attached map (Map Change No. 2578).

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Use District of lands bounded and described as follows:

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio known as The Buffalo Company’s Allotment and being part of the Original Brooklyn Township Lots 51 & 70 as shown by recorded plat Volume 3, Page 51 of the Cuyahoga County Map Records, bounded and described as follows:

Beginning at the intersection of the centerline of Detroit Avenue N.W. and the centerline of West 25th Street;

Thence, northwesterly along West 25th Street to its intersection with the centerline of the West 28th Street to Shoreway East and Main Avenue;

Thence, northeasterly along Main Avenue to its intersection with the centerline of Center Street;

Thence, northwesterly along the centerline of Center street to its intersection with the centerline of Hemlock Avenue (previously known as Cedar Street);

Thence, northeasterly along the centerline of Hemlock Avenue to its intersection with the centerline of Elm Street;

Thence, southeasterly along the centerline of Elm Street to its intersection with the centerline of Main Avenue (previously Main Street);

Thence, northeasterly along Main Street to its intersection with the centerline of Sycamore Avenue;

Thence, northwesterly along the centerline of the Cuyahoga River Shipping Slip, south of a parcel of land conveyed to the United States Steel Corporation by Deed of the Baltimore and Ohio Railroad Company dated June 3, 1965 and recorded in the Cuyahoga County Records in Volume 11623, Page 833 also known as Permanent Parcel Number 00317012 to its intersection with the centerline of the Cuyahoga River Shipping Channel;

Adopted Resolutions and Passed Ordinances Ord. No. 77-18 December 13, 2019 The City Record 21

Thence, northeasterly and northwesterly along said shipping channel to its intersection with the centerline of the Cuyahoga River;

Thence, easterly and southerly along the centerline of the Cuyahoga River to its intersection with the centerline of Riverbed Street near the intersection of the old Erie Railroad Tracks;

Thence, southwesterly along said tracks to its intersection with the centerline of Detroit Avenue and the centerline of West 24th Street, and also southwesterly along the northwesterly prolongation of Detroit Avenue to its intersection with the centerline of West 25th Street and the point of origin;

And as identified on the attached map shall be changed to a ‘Limited Retail Business District, a ‘K’ Area District and a ‘5’ Height District;

Section 2. That the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of Elm Street and the northerly prolongation of the Westerly line of a parcel of land conveyed to Bardons & Oliver Inc. that is a part of the Original Brooklyn Township Lots 51 & 70 and further known as sub lots 405 to 425 & 427 thru 436 of the Buffalo Company Allotment as appears on a Plat recorded in Volume 3 of Maps, Page 51 of Cuyahoga County Records;

Thence, southeasterly along the centerline of Elm Street to its intersection with the centerline of Hemlock Avenue;

Thence, southwesterly along the centerline of Hemlock Avenue to its intersection with the centerline of Center Street;

Thence, southeasterly along the centerline of Center Street to its intersection with the centerline of Main Street;

Thence, southwesterly along Main Street to its intersection with the centerline of Mulberry Avenue;

Thence, northwesterly along the centerline of Mulberry Avenue to its intersection with the centerline of Old River Street;

Thence, northeasterly along said centerline to its intersection with the centerline of Center Street;

Thence, southeasterly along said centerline to the southerly prolongation of the westerly line of the above-mentioned parcel;

Thence, northeasterly along said westerly line of said parcel to the place of origin;

Adopted Resolutions and Passed Ordinances Ord. No. 77-18 December 13, 2019 The City Record 22

And as identified on the attached map shall be changed to a ‘Semi-Industry’ District, a ‘K’ Area District and a ‘5’ Height District;

Section 3. That the street frontages be described as follows:

The easterly side of Main Avenue (formerly Street) between West 25th Street and River Street by the former Proposed Canal along the west bank of the Cuyahoga River;

The north side of Elm Street between Main Street (Avenue) and Riverbed Street;

And;

The south side of Elm Street between Hemlock Avenue (formerly Cedar Street) and Riverbed Street (formerly River Street);

And;

The north side and south side of Center Street between Hemlock Avenue (formerly Cedar Street) and Riverbed Street (formerly River Street);

And;

The westerly and easterly side of West 24th Street between Winslow Avenue and Riverbed Street;

And;

The easterly side of West 25th Street between Washington Avenue and River Street;

And;

The easterly side of Hemlock Avenue (Formerly Cedar Street) between Center Street and Elm Street;

And;

The westerly and easterly side of Spruce Avenue (formerly Street) between Center Street and Elm Street;

And;

The westerly and easterly side of Winslow Avenue (formerly Second Winslow Street) between Washington Avenue (formerly Street) and Elm Street;

And;

Adopted Resolutions and Passed Ordinances Ord. No. 77-18 December 13, 2019 The City Record 23

The westerly and easterly side of Washington Avenue between West 25th Street and Elm Street;

And;

The westerly side of Detroit Avenue/Riverbed (formerly River) Street between West 25th Street and West 24th Street;

And;

The westerly side of Vermont Avenue between West 25th Street and West 24th Street;

And as identified on the attached map shall be established as ‘Urban Form Overlay Districts’

Section 4. That the change of zoning of lands described in Section 1 through 3 shall be identified as Map Change No. 2578, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed December 2, 2019.

Effective January 1, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 77-18 December 13, 2019 The City Record 24

Adopted Resolutions and Passed Ordinances Ord. No. 77-18 December 13, 2019 The City Record 25

Ordinance No. 1087-2019

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance to enter into one or more contracts with Techonomy Media, Inc. and Worth Acquisition Group LLC for professional services necessary to provide marketing and other consulting services for creating economic development opportunities for the City of Cleveland, for a period of one year with one option to renew for an additional one-year period, exercisable by the Director of Finance.

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 Finance is authorized to enter into one or more contracts with Techonomy Media, Inc. and Worth Acquisition Group LLC for professional services necessary to provide marketing and other consulting services for creating economic development opportunities for the City of Cleveland in the aggregate amount not to exceed $300,000, for a period of one year with one option to renew for an additional one-year period, exercisable by the Director of Finance. The contract or contracts shall be paid from funds approved by the Director of Finance. A copy of the Executive Summary is placed in File No. 1087-2019-A.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1087-2019 December 13, 2019 The City Record 26

Ordinance No. 1215-2019

Council Members: Griffin, Brancatelli and Kelley (by departmental request)

An emergency ordinance to amend Section 3 of Ordinance No. 675-18, passed June 4, 2018, relating to the Age Friendly Home Investment 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 Section 3 of Ordinance No. 675-18, passed June 4, 2018, is amended to read as follows:

Section 3. That the cost of the contract or contracts authorized shall be paid from Fund Nos. 01-9997-6985 and 01-0201-6926, Request No. RQS 0201, RL 2018-45.

Section 2. That existing Section 3 of Ordinance No. 675-18, passed June 4, 2018, is repealed.

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1215-2019 December 13, 2019 The City Record 27

Ordinance No. 1339-2019

Council Member: Griffin

An ordinance changing the Use, Area and Height districts of parcels of land east of East 110th Street, south of Mount Carmel Road to north of Woodland Avenue (Map Change 2605).

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, that the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of Mount Carmel Road S.E., (formerly Ingersoll Road S.E.,) and the northerly prolongation of the easterly line of Sublot No. 11 in Nels and Soren Robertson Stov’s Subdivision of part of Original One Hundred Acre Lots Nos. 419 and 420 as shown by the recorded plat of said subdivision in Volume 14 of Maps, Page 44 of Cuyahoga County Records (also known known as Permanent Parcel Number (PPN) 121-34-034);

Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Woodland Avenue;

Thence, westerly along the centerline of Woodland Avenue to its intersection with the southerly prolongation of the westerly line of Sublot No. 18 in J.F. Grether, J.G. Grether and C.J. Palmer’s Allotment of part of Original One Hundred Acre Lot No. 419, as shown by the recorded plat in Volume 14 of Maps, Page 39 of Cuyahoga County Records’ (aka PPN 121-33-135);

Thence, northerly along said westerly line continuing along its northerly prolongation to its intersection with the centerline of Amanda Court (formerly Danville Court S.E.);

Thence, easterly along the centerline of Danville Court S.E. (formerly Luna Court) to its intersection with the southerly prolongation of the westerly line of a parcel of land known as being part of Block “A” in J.F. Grether, J.G. Grether and C.J. Palmer’s Subdivision of part of Original One Hundred Acre Lot No. 419, and being further known as Sublot No. 10 in Mary Grether’s proposed Subdivision of Block “A” in said Grether and Palmer’s Subdivision as shown by the recorded plat in Volume 14, Page 39 of Cuyahoga County Map Records (also known as PPN 121-33-146);

Thence, northerly along said westerly line to its intersection with the centerline of Amanda Court S.E.;

Thence, northeasterly along the southwesterly prolongation of the northwesterly line of a parcel of land conveyed by Jie Yu to the City of Cleveland Land Reutilization Program by deed dated September 26, 2012, and also known as being Sublot No. 34 in Grether

Adopted Resolutions and Passed Ordinances Ord. No. 1339-2019 December 13, 2019 The City Record 28 and Palmers Allotment of part of Original One Hundred Acre Lot No. 419, as shown by the recorded plat in Volume 14 of Maps, Page 39 of Cuyahoga County Records (PPN 121- 33-117) to its intersection with the centerline of Mount Carmel Road S.E. (formerly Ingersoll Road, S.E.);

Thence, southeasterly and easterly along the centerline of Mount Carmel Road to its intersection with the northerly prolongation of the easterly line of the aforementioned Sublot No. 11 in Nels and Soren Robertson Stov’s Subdivision of part of Original One Hundred Acre Lots Nos. 419 and 420, as shown by the recorded plat of said subdivision in Volume 14 of Maps, Page 44 of Cuyahoga County Records (PPN 121-340-34) and the point of origin;

And as identified on the attached map shall be changed to a ‘Multi-Family Residential' District, a ‘G’ Area District and a ‘2 Height District;

Section 2. That the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of East 110th Street (formerly Fern Cliff Street) and the centerline of Amanda Court (formerly Danville Court S.E.);

Thence, easterly along the centerline of Amanda Court (formerly Luna Court S.E.) to its intersection with the former centerline of East 111th Street (known today as Amanda Court);

Thence, northerly along the centerline of East 111th Street to its intersection with the centerline of Amanda Court S.E.;

Thence, southeasterly along the centerline of Amanda Court S.E. to its intersection with the northeasterly prolongation of the easterly line of a parcel of land conveyed by Orlando Realty Co. to Orlando Baking Co. by deed as recorded on May 23, 2006, by Auditor’s File Number 200605230369 (also known as PPN 121-33-145);

Thence, southwesterly and southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Danville Court S.E.;

Thence, westerly along the centerline of Danville Court S.E. to its intersection with the northerly prolongation of the easterly line of a parcel of land known as Sublot No. 17 in J.F. Grether, J.G. Grether and C.J. Fulmor’s Subdivision of part of Original One Hundred Acre Lot No. 419, as shown by the recorded plat in Volume 14 of maps, Page 39 of Cuyahoga County Records (also known as PPN 121-33-136);

Thence, southerly along said northerly prolongation of said easterly line to its intersection with the centerline of Woodland Avenue S.E.;

Thence, westerly along the centerline of Woodland Avenue to its intersection with the centerline of East 110th Street (formerly Fern Cliff Street);

Adopted Resolutions and Passed Ordinances Ord. No. 1339-2019 December 13, 2019 The City Record 29

Thence, northerly along the centerline of East 110th Street to its intersection with the centerline of Amanda Court S.E. and the point of origin;

And as identified on the attached map shall be changed to a ‘Limited Retail' Use District, a ‘D’ Area District and a ‘2’ Height District;

Section 3. That the change of zoning of lands described in Sections 1 through 2 shall be identified as Map Change No. 2605, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed December 2, 2019.

Effective January 1, 2020.

Changing the Use, Area and Height districts of parcels of land east of East 110th Street, south of Mount Carmel Road to north of Woodland Avenue (Map Change 2605).

Adopted Resolutions and Passed Ordinances Ord. No. 1339-2019 December 13, 2019 The City Record 30

Ordinance No. 1358-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to exercise the first option to renew Contract No. MA 1505 RC 2018-54 with De-Ko Inc. for labor and materials necessary to provide inspection, maintenance, repair and refurbishment of crane, hoist and material handling equipment, for the various divisions of the Department of Public Utilities.

WHEREAS, under the authority of Ordinance No. 328-15, passed April 20, 2015, the Director of Public Utilities entered into Contract No. MA 1505 RC 2018-54 with De-Ko Inc. for labor and materials necessary to provide inspection, maintenance, repair and refurbishment of crane, hoist and material handling equipment, including comprehensive annual inspection and testing, troubleshooting, and repair and replacement services, for the various divisions of the Department of Public Utilities; and

WHEREAS, Ordinance No. 328-15 requires further legislation before exercising the first option to renew on this contract; 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 Public Utilities is authorized to exercise the first option to renew Contract No. MA 1505 RC 2018-54 with De-Ko Inc. for the requirements for an additional year of the labor and materials necessary to provide inspection, maintenance, repair and refurbishment of crane, hoist and material handling equipment, including comprehensive annual inspection and testing, troubleshooting, and repair and replacement services, for the various divisions of the Department of Public Utilities. This ordinance constitutes the additional legislative authority required by Ordinance No. 328-15 to exercise this option. (RQN 2002, RL 2019-35)

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1358-2019 December 13, 2019 The City Record 31

Ordinance No. 1359-2019

Council Members: B. Jones, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into one or more grant agreements with Eagle Family Foods Group, LLC and/or its designee, to provide economic development assistance to partially finance Project Sticky located at 1975 East 61st Street.

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 one or more grant agreements with Eagle Family Foods Group, LLC, and/or its designee, a recoverable grant in an amount not to exceed $427,500 to assist with the construction of improvements, and a job-based incentive grant in an amount not to exceed $228,185, to provide a total of $655,685 in economic development assistance to partially finance Project Sticky located at 1975 East 61st Street.

Section 2. That the agreement or agreements 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 agreement or agreements authorized in this legislation will require the recipients of financial assistance to work with, and/or cause their tenants to work with, The Workforce Investment Board for Workforce Area No. 3 to identify and solicit qualified candidates for job opportunities related to the City’s contracts, and place special emphasis on the hard to employ, including but not limited to the disabled and persons who have been convicted of or have pled guilty to a criminal offense, unless the criminal conviction or circumstances relate to the duties for the particular job sought.

Section 4. That the costs of the grants shall not exceed an aggregate amount of $655,685.00 and shall be paid from Fund No. 10 SF 501, Request No. RQS 9501, RL 2019-110.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1359-2019 December 13, 2019 The City Record 32

Ordinance No. 1362-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance determining the method of making the public improvement of rehabilitating and replacing the Muriel Avenue area sewer system, which may include but not be limited to sewer replacement and rehabilitation, and installing manholes and catch basins; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement; and authorizing the director to apply for and accept any loans or grants from any public or private entity, including but not limited to, the Regional Sewer District for Community Cost Share Program funding; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes any real property and easements necessary to make 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, it is determined to make the public improvement of rehabilitating and replacing the Muriel Avenue Street area sewer system, which may include but not be limited to sewer replacement and rehabilitation, and installing manholes and catch basins (“Improvement”), for the Division of Water Pollution Control, Department of Public Utilities, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis 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 after competitive bidding on a unit basis 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 on a unit basis.

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 Director of Public Utilities is authorized to apply for and accept one or more grants from various public or private entities to make the Improvement; including but not limited to, the Northeast Ohio Regional Sewer District for Community Cost Share Program funding or other funding to implement the Improvement, that the Director is authorized to file all papers and execute all documents necessary to receive

Adopted Resolutions and Passed Ordinances Ord. No. 1362-2019 December 13, 2019 The City Record 33 the funds under this ordinance; and that the funds are appropriated for the purposes described in this ordinance.

Section 5. That the Director of Public Utilities is authorized to apply for and accept loans to provide funding for the Improvement.

Section 6. That the Director of Public Utilities is authorized to enter into any loan agreements with various public entities, including but not limited to, the Ohio Environmental Protection Agency for the Improvement. The agreements shall contain terms and conditions that are acceptable to the Director of Law to protect the public interest. The Director of Public Utilities is further authorized to file all papers and execute all documents necessary to receive the loan funds; and appropriate the loan funds for the purposes described in this ordinance.

Section 7. That on execution of any loan agreement, the Director of Public Utilities is authorized to repay the loan funds in accordance with the terms and conditions of the Agreement, from funds approved by the Director of Finance.

Section 8. That, notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976 to the contrary, the Commissioner of Purchases and Supplies is authorized to acquire, accept, and record for right-of-way purposes any real property including but not limited to fee simple acquisitions, temporary easements, permanent easements, and work agreements as is necessary to make the improvements described in this ordinance. The consideration to be paid for the property and easements shall not exceed market value, as determined by the Board of Control.

Section 9. That the Director of Public Utilities is authorized to execute on behalf of the City all documents necessary to acquire, accept, and record the property and easements and to employ and pay all fees for title companies, surveys, escrows, appraisers, and all other costs necessary for the acquisition of the property and easements.

Section 10. That the Director of Public Utilities is authorized to enter into any agreements necessary to implement this ordinance.

Section 11. That the cost of the contracts and other expenditures authorized shall be paid from Fund No. 54 SF 001, 54 SF 400, from the fund or funds to which are credited the proceeds of the sale of future bonds, if issued for this purpose, from the fund or funds to which are credited the NEORSD Community Cost Share Program funds, Member Community Infrastructure Program funds, from the fund or funds to which are credited the proceeds from any grant or loan received for this purpose; and from any funds approved by the Director of Finance. RQS 2003, RLA 2019-53.

Section 12. 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

Adopted Resolutions and Passed Ordinances Ord. No. 1362-2019 December 13, 2019 The City Record 34

Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1362-2019 December 13, 2019 The City Record 35

Ordinance No. 1365-2019

Council Members: Santana, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of the 1st un-named alley north of Trent Avenue and east of West 40th Street.

WHEREAS, under Resolution No. 477-2019, adopted June 3, 2019, this Council declared its intention to vacate a portion of the 1st un-named alley north of Trent Avenue and east of West 40th Street; and

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on September 18, 2019, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above and that it will not be detrimental to the general interest and that it should be made; 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 this Council declares that the following described real property is vacated:

A Portion of the 1st Un-Named Alley North of Trent Avenue and East of West 40th Street

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio and known as being all that portion of the 1st Un-named Alley (12.00 feet wide) N. of Trent Avenue (50.00 feet wide)(formerly East Trent Street) and E. of West 40th Street (50.00 feet wide)(formerly Keil Street) extending from the Easterly line of said West 40th Street, Easterly approximately 120 feet to its terminus as shown in the Rhodes, Hartnell, Barber & Selden Re-Subdivision, recorded in Volume 27, Page 8 of the Cuyahoga County Map Records.

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Adopted Resolutions and Passed Ordinances Ord. No. 1365-2019 December 13, 2019 The City Record 36

Section 2. That there are no reserved easements.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1365-2019 December 13, 2019 The City Record 37

Ordinance No. 1366-2019

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of Barber Court S.W.

WHEREAS, under Resolution No. 463-2019, adopted June 3, 2019, this Council declared its intention to vacate a portion of Barber Court S.W; and

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on September 18, 2019, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above, and that it will not be detrimental to the general interest and that it should be made; 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 this Council declares that the following described real property is vacated:

A Portion of Barber Court S.W.

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of Barber Court S.W. (14.00 feet wide) in the H. Stone’s Addition Subdivision of part of Original Brooklyn Township Tract No’s 53 and 68, as shown by the recorded plat in Volume 1 of Maps, Page 41 of Cuyahoga County Records, further described as follows:

Being all that portion of Barber Court S.W (14.00 feet wide) extending from the East line of West 30th Street (50.00 feet wide) easterly to its intersection with the Northerly prolongation of the West line of land conveyed to Urbano Perez and Julia Perez by deed in A.F.N. 200202260077 of Cuyahoga County Records.

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Adopted Resolutions and Passed Ordinances Ord. No. 1366-2019 December 13, 2019 The City Record 38

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for Cleveland Public Power and Illuminating Company. That no structures shall be erected on the premises described in this easement except those constructed under the approval of, and in compliance with, plans approved by Cleveland Public Power and Illuminating Company.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1366-2019 December 13, 2019 The City Record 39

Ordinance No. 1367-2019

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue.

WHEREAS, under Resolution No. 704-2019, adopted July 24, 2019, this Council declared its intention to vacate a portion of Detroit Superior Viaduct and a portion of Detroit Avenue;

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on September 18, 2019, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above, and that it will not be detrimental to the general interest and that it should be made; 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 this Council declares that the following described real property is vacated:

The Vacation of a Portion of the Detroit Superior Viaduct

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and being part of Original Brooklyn Township Lot No. 70, bounded and described as follows:

Beginning at an Iron Pin Monument found at the intersection of West 25th Street, 60 feet wide, and Detroit Avenue, 66 feet wide.

Thence North 30°28’45” West, along the centerline of said West 25th Street, a distance of 142.71 feet to a point;

Thence North 59°31’15” East a distance of 30.00 feet to the easterly line of said West 25th Street;

Adopted Resolutions and Passed Ordinances Ord. No. 1367-2019 December 13, 2019 The City Record 40

Thence North 39°50’15” East, along the northwesterly line of the Detroit Superior Viaduct, 80.00 feet wide, a distance of 21.32 feet to the proposed easterly line of said West 25th Street and the Principal Place of Beginning of land herein described:

Thence North 39°50’15” East, along the northwesterly line of the Detroit Superior Viaduct, a distance of 190.93 feet to a point;

Thence North 59°26’52” East a distance of 238.36 feet to the southeasterly line of said Detroit Superior Viaduct;

Thence South 39°50’15” West, along the southeasterly line of said Detroit Superior Viaduct, a distance of 415.95 feet to a point;

Thence South 30°03’48” East a distance of 5.19 feet to the proposed northeasterly line of said West 25th Street;

Thence, along the proposed northeasterly line of said West 25th Street along a curve deflecting to the right, an arc distance of 35.46 feet to a point. Said curve having delta of 67°43’19”, a radius of 30.00 feet and a chord that bears North 68°12’01” West, 33.43 feet;

Thence, continuing along the proposed northeasterly line of said West 25th Street along a curve deflecting to the left, an arc distance of 54.58 feet to a point. Said curve having a delta of 4°55’03”, a radius of 636.00 feet and a chord that bears North 36°47’53” West, 54.57 feet to the principal place of beginning and containing 24,915 square feet (0.5720 acres) of land, be the same more or less but subject to all legal highways;

The Vacation of a Portion Of Detroit Avenue

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and being part of Original Brooklyn Township Lot No. 70, bounded and described as follows:

Beginning at an Iron Pin Monument found at the centerline intersection of West 24th Street, 33 feet wide, and Detroit Avenue, 66 feet wide.

Thence North 35°10’04” West, along the centerline of said West 24th Street, a distance of 29.08 feet to a point;

Thence South 54°49’56” West a distance of 16.50 feet to the southwesterly line of said West 24th Street also being the northwesterly line of Detroit Avenue:

Thence South 34°31’16” West, along the northwesterly line of said Detroit Avenue, a distance of 35.12 feet to the Principal Place of Beginning of land herein described;

Thence South 35°12’07” East a distance of 37.33 feet;

Adopted Resolutions and Passed Ordinances Ord. No. 1367-2019 December 13, 2019 The City Record 41

Thence South 55°43’14” West a distance of 96.83 feet to the northwesterly line of said Detroit Avenue;

Thence North 34°31’16” East, along said northwesterly line of Detroit Avenue, a distance of 103.21 feet to the Principal Place of Beginning and containing 1,807 square feet (0.0415 acres) of land, be the same more or less but subject to all legal highways.

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for AT&T, Dominion Energy, Illuminating Company, Cleveland Water and Water Pollution Control. That no structures shall be erected on the premises described in this easement except those constructed under the approval of, and in compliance with, plans approved by the City of Cleveland, AT&T, Dominion Energy, Illuminating Company, Cleveland Water and Water Pollution Control.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1367-2019 December 13, 2019 The City Record 42

Ordinance No. 1368-2019

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of Spruce Avenue N. W.

WHEREAS, under Resolution No. 169-2019, adopted April 29, 2019, this Council declared its intention to vacate a portion of Spruce Avenue N. W.; and

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on September 18, 2019, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above, and that it will not be detrimental to the general interest and that it should be made; 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 this Council declares that the following described real property is vacated:

A Portion of Spruce Avenue

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of Spruce Avenue N.W. (66.00 feet wide) (formerly Spruce Street) of part of the Buffalo Allotment as shown in Volume 3, Page 31 of Cuyahoga County Map Records further described as follows:

Being all that portion of Spruce Avenue N.W. (66.00 feet wide) extending from the south line of Elm Street N.W. (66.00 feet wide) southerly to the north line of Center Street N.W. (66.00 feet wide).

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Adopted Resolutions and Passed Ordinances Ord. No. 1368-2019 December 13, 2019 The City Record 43

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for Illuminating Company, Water Pollution Control and Cleveland Water. That no structures or impediments to access shall be erected on the premises described in this easement except those constructed under the approval of, and in compliance with, plans approved by Illuminating Company, Water Pollution Control and Cleveland Water.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1368-2019 December 13, 2019 The City Record 44

Ordinance No. 1370-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to enter into one or more requirement contracts without competitive bidding with Wadsworth-Slawson, Inc. dba Wadsworth Solutions Northeast to complete the final phase of the building automation upgrade at 1201 Lakeside Avenue, for the Department of Public Utilities.

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 this Council determines that the within commodities and services are non-competitive and cannot be secured from any source other than Wadsworth- Slawson, Inc. dba Wadsworth Solutions Northeast. Therefore, the Director of Public Utilities is authorized to make one or more written requirement contracts with Wadsworth-Slawson, Inc. dba Wadsworth Solutions Northeast, in an estimated amount of $235,995.00, for a period to be determined by the Director, to complete the final phase of the building automation upgrade at 1201 Lakeside Avenue, which will include the purchase of proprietary equipment and services necessary to replace the remaining obsolete components of the Barber Coleman Network 8000 building automation system, including installation, to be purchased by the Commissioner of Purchases and Supplies on a unit basis, for the Department of Public Utilities.

Section 2. 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. (RQS 2002, RL 2019-95)

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1370-2019 December 13, 2019 The City Record 45

Ordinance No. 1376-2019

Council Members: Hairston, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Landmark at the Lake, LLC, or its designee, for development and costs associated with new construction on vacant land at and/or adjacent to 5455 North Marginal Road for the Shoreline Phase II Development Project; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose.

WHEREAS, under Section 5709.41 of the Revised Code, improvements to real property may be declared to be a public purpose where fee title to the real property was, at one time, held by the City of Cleveland and the real property is then leased or conveyed by the City; and

WHEREAS, the City has entered into the chain of title for the Property which is more particularly described in this ordinance (the “Real Property’) pursuant to the requirements of Section 5709.41 of the Revised Code prior to the passage of this ordinance; and

WHEREAS, the Real Property is to be developed in accordance with the Cleveland 2020 Citywide Plan, a copy of which is placed in File No. 1376-2019-A; and WHEREAS, under Section 5709.41 of the Revised Code, the improvements declared to be a public purpose may be exempt from real property taxation; and

WHEREAS, under Section 5709.41 of the Revised Code, the owners of the improvements may be required to make annual service payments in lieu of taxes that would have been paid had the improvement not been exempt; and

WHEREAS, under Section 5709.41 of the Revised Code, the exemption may exceed 75% of the improvements for up to 30 years when a portion of the service payments so collected are distributed to the Cleveland Metropolitan School District (“District”) in an amount equal to the amount the District would have received had the improvement not been exempt; and

WHEREAS, the District has been notified of the intent to enter into the agreement authorized by this ordinance in compliance with division (C)(4) of Section 5709.41 and Section 5709.83 of the Revised Code; 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:

Adopted Resolutions and Passed Ordinances Ord. No. 1376-2019 December 13, 2019 The City Record 46

Section 1. That the improvements to be constructed by Landmark at the Lake, LLC, or its designee, (“Redeveloper”), are declared to be a public purpose for purposes of Section 5709.41 of the Revised Code (the “Improvements”). The Real Property is more fully described as follows:

The land referred to herein below is situated in the City of Cleveland, County of Cuyahoga, State of Ohio, and is described as follows:

And known as being part of Original Ten Acre Lot No. 166, and bounded and described as follows:

Beginning on the Westerly line of East 55th Street (100 feet wide), at its point of intersection with the Northeasterly prolongation of the Northwesterly line of Lake Court N.E. (formerly Lake View Avenue, 50 feet wide);

Thence South 58 deg. 03' 50” West, along said Northeasterly prolongation and along said Northwesterly line of Lake Court N.E., 211.51 feet to the most Southerly corner of Sublot No. 1, in J.G. Bruggeman's Subdivision of part of Original Ten Acre Lot No. 166, as shown by the recorded plat in Volume 5 of Maps, Page 43 of Cuyahoga County Records;

Thence North 31 deg. 56' 10” West, along the Southwesterly line of said Sublot No. 1, which is also the Northeasterly line of Sublot No. 21 in J.B. Bruggeman's Subdivision of part of Original Ten Acre Lot No. 166, as shown by the recorded plat in Volume 5 of Maps, Page 44 of Cuyahoga County Records, to the most Northerly corner of said Sublot No. 21;

Thence South 58 deg. 03' 50” West along the Northwesterly line of said Sublot No. 21, 11 feet to a stone; Thence North 31 deg. 56' 10” West, 696.27 feet to a point in the Northwesterly line of Lake Front Road, so called, (120 feet wide), being also the Northwesterly line of the proposed 230 foot highway referred to in City of Cleveland Ordinance No. 85532, passed December 3, 1928;

Thence North 4 deg. 24' 20” West, forming an included angle of 60 deg. with said Northwesterly line of Lake Front Road, so called, and in the Northeasterly quadrant, 5.77 feet to the principal place of beginning, said point being also the Northwesterly corner of land registered in the name of the City of Cleveland by Certificate No. 86737;

Thence North 4 deg. 24' 20” West to Lake Erie;

Thence Easterly along Lake Erie about 282 feet to its intersection with a line drawn at right angles to the main breakwater of Cleveland Harbor through a point on the Westerly line of East 55th Street, (100 feet wide), which bears North 710 feet, measured along said Westerly line of East 55th Street, from its intersection with the Northeasterly prolongation of the Northwesterly line of Lake Court N.E., said point being the intersection of said Westerly line of East 55th Street, with the shore line of Lake Erie as it existed in 1925, and the course of which line is South 36 deg. 44' 40” East,

Adopted Resolutions and Passed Ordinances Ord. No. 1376-2019 December 13, 2019 The City Record 47

Thence South 36 deg. 44' 40” East along said line about 302.40 feet to the most Northerly corner of land registered in the name of City of Cleveland, as aforesaid;

Thence Southwesterly along the Northwesterly boundary line of land so registered in the name of the City of Cleveland the following courses and distances, South 36 deg. 35' 13” West, 165.80 feet, South 42 deg. 49' 24” West 153.81 feet, South 47 deg. 15' 02” West, 151.60 feet and South 54 deg. 04' 57” West, 113.69 feet to the principal place of beginning, be the same more or less.

The property address and tax parcel identification number listed herein are provided solely for informational purposes, without warranty as to accuracy or completeness.

Property Address: 0 North Marginal Road, Cleveland, OH 44114

Parcel No.: 105-01-001

Section 2. That one hundred percent (100%) of the Improvements are declared exempt from real property taxation for a period of thirty years, effective and commencing the first year the value of the Improvements are reflected on the tax duplicate; and that in no event shall the exemption period extend beyond 2052. The terms of the agreement are as follows:

Project Name: Shoreline Phase II Development Recipient: Landmark at the Lake, LLC and/ or designee Project Site: Vacant land at and/or adjacent to 5455 North Marginal Road, Cleveland, Ohio 44114 on PPN 105-01-001 Project Manager: Kevin Schmotzer Ward/Councilperson: Ward 10: Councilman Anthony T Hairston City Assistance: 30-year non-school TIF

Project Site: Vacant land at and/or adjacent to 5455 North Marginal Road, Cleveland, Ohio 44114 (PPN# 105-01-001)

Company Background Landmark at the Lake, LLC is a subsidiary of The Landmark Companies under the leadership of Bob Rains and John J. Carney. These men have had decades of experience in Cleveland real estate development, as their portfolio includes the Bridgestone Apartments and the Perry Payne building.

Project Summary Landmark at the Lake, LLC or its designee (“Developer”) is proposing a residential development that will take place on vacant land at and/or adjacent to 5455 North Marginal Road, Cleveland, Ohio 44114 on PPN 105-01-001 (“Project Site”). The project will be a “Phase II” to the existing Shoreline project. In order to assist with the project financing, the Developer has requested the City impose a 5709.41, 30-Year, Non-School TIF. The TIF will support debt service related to the project and assist with the

Adopted Resolutions and Passed Ordinances Ord. No. 1376-2019 December 13, 2019 The City Record 48 development of approximately 214 market rate housing units, outdoor surface parking and indoor garage parking for residents, and the construction of outdoor common area space. The project will create and/or cause to create approximately four (4) new W-2 jobs at the Project Site.

Proposed City Assistance The Developer is requesting that city enter into a 30-year non-school Tax Increment Finance (TIF) agreement with Landmark at the Lake, LLC and/or its designee.

Economic Impact It is estimated the project will generate $238,500 annual residency taxes, $4,500 annual income tax, and $534,000 in annual property taxes for the School District.

City Requirements Subject to Chapter 187: MBE/FBE/CSB requirements, Chapter 188: Fannie Lewis Cleveland Residential Employment Law, a Workforce Development Agreement for all new jobs and a Community Benefits Agreement.

Section 3. That, under Section 5709.41 of the Revised Code, Redeveloper, or the owners of the Improvements, shall make service payments for a period of thirty years in lieu of the exempt taxes to the Cuyahoga County Fiscal Officer or Treasurer, or designee; the payments shall be charged and collected in the same manner, and shall be in an amount not less than the taxes that would have been paid had the Improvements not been exempt from taxation.

Section 4. That a portion of the service payments collected under this ordinance shall be distributed by the Cuyahoga County Fiscal Officer or Treasurer, or designee to the Treasurer of the District in the amount of the taxes that would have been payable to the District had the Improvements not been exempt from taxation.

Section 5. That the Director of Economic Development is authorized to enter into an agreement or agreements with Redeveloper to provide for the exemption and service payments described in this ordinance, including agreements securing the payments described in this ordinance, which agreement or agreements shall contain those terms contained in this ordinance.

Section 6. That when applicable under Section 5709.43 of the Revised Code, there is established an Urban Redevelopment Tax Increment Equivalent Fund into which shall be deposited Service Payments in Lieu of Taxes (“PILOTS” or “Service Payments”) that shall be used for financing the public purpose Improvements including project debt service, bond payments, and reimbursement of project construction costs, or for other economic development purposes as determined by the Director of Economic Development.

Section 7. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in open meetings

Adopted Resolutions and Passed Ordinances Ord. No. 1376-2019 December 13, 2019 The City Record 49 of this Council, and any of its committees that resulted in formal action were in meetings open to the public in compliance with the law.

Section 8. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1376-2019 December 13, 2019 The City Record 50

Ordinance No. 1377-2019

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the acquisition and recording of certain standard highway easement interests from Cuyahoga County across the County-owned portions of Main Avenue near the Flats East Bank development, for the Office of Capital Projects.

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 Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized to acquire, accept, and record certain standard highway easement rights from Cuyahoga County across the County-owned portions of Main Avenue, known as Permanent Parcel No. 101-13-029 and a portion of Permanent Parcel No. 101-13-031, near the Flats East Bank development, for the Office of Capital Projects, as more particularly described as follows:

Legal Description of a 1.1389 Acre Highway Easement

PARCEL 1 (0.5444 acres)

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio and known as being a. part of Original Lot Number 194, a part of vacated Main Avenue, 40 feet wide, by Ordinance No. 1164-08, dated August 6, 2008, and recorded in Volume 359, Page 35 of Cuyahoga County Map Records, and lands now or formerly owned by The Cuyahoga County Board of Commissioners known as PPN 101-13-031;

Commencing at a 3/4 inch iron pin monument found at the center line intersection of Front Avenue, 80 feet wide, and West Ninth Street, 99 feet wide, of which said monument bears North 34°24'09" West, 572.93 feet from a one inch iron pin monument found at the centerline intersection of said West Ninth Street and Lakeside Avenue; thence South 34°24'09" East along the centerline of said West Ninth Street, a distance of 354.14 feet to the centerline intersection of said West Ninth Street and Main Avenue, 40 feet wide; thence along the centerline of said Main Avenue, South 55°39'06" West a distance of 170.52 feet to the terminus of said centerline of Main Avenue, and the TRUE POINT OF BEGINNING for the land intended to be described herein, thence along the following eight (8) courses and distances;

Adopted Resolutions and Passed Ordinances Ord. No. 1377-2019 December 13, 2019 The City Record 51

1. Thence along the vacated centerline of said Main Avenue, South 55°39'06" West a distance of 338.14 feet; 2. Thence along the easterly line of The City of Cleveland (PPN 101-13-006), South 34°09'46" East a distance of 56.17 feet; 3. Thence along the northerly line of West Tenth Street, North 55° 39'06" East a distance of 25.00 feet; 4. Thence along the easterly line of West Tenth Street, South 34°09'46" East a distance of 1.00 foot; 5. Thence along the northerly line of Sabeta Realty Company (PPN 101-13-001) North 55°35'33" East a distance of 434.40 feet to the westerly line of said West Ninth Street; 6. Thence along said westerly line of West Ninth Street, North 34°24'09" West a distance of 36.72 feet; 7. Thence along the southerly line of said Main Avenue, South 55° 39'06" West a distance of 121.02 feet; 8. Thence along the westerly line of said Main Avenue, North 34°24'00" West a distance of 20.00 feet to the TRUE POINT OF BEGINNING, and containing 0.5444 acres (23,714 square feet) of land, more or less, and subject to all easements, restrictions, and covenants of record.

PARCEL 2 (0.5945 acres)

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio and known as being part of Original Lot Number 194, a part of vacated Main Avenue, 40 feet wide, by Ordinance No. 1164-08, dated August 6, 2008, and recorded in Volume 359, Page 35 of Cuyahoga County Map Records, a part of vacated Old River Road, 66 feet wide, by Ordinance No. 1164-08, dated August 6 2008, and recorded in Volume 359, Page 35 of Cuyahoga County Map Records, and lands now or formerly owned by The Cuyahoga County Board of Commissioners known as PPN 101-13-028 and 101-1 3-029;

Commencing at a 3/4 inch iron pin monument found at the center line intersection of Front Avenue, 80 feet wide, and West Ninth Street, 99 feet wide, of which said monument bears North 34°24'09" West, 572.93 feet from a one inch iron pin monument found at the center line intersection of said West Ninth Street and Lakeside Avenue; thence South 34°24'09" East along the center line of West Ninth Street, a distance of 354.14 feet to the centerline intersection of said West Ninth Street and Main Avenue, 40 feet wide; thence South 55°39'06" West along the center line of said Main Avenue, a distance of 170.52 feet; Thence along the center line of vacated Main Avenue South 55°39'06" West a distance of 444.85 feet to the TRUE POINT OF BEGINNING for the land intended to be described herein, thence along the following fifteen (15) courses and distances;

1. Thence along the centerline of said vacated Main Avenue, South 55°39'06" West a distance of 352.90 feet; 2. Thence along the centerline of vacated Old River Road, South 71 °42'07" East a distance of 93.27 feet; 3. Thence along the northerly line of City of Cleveland (PPN 101-13-036) North 18°17'53" East a distance of 33.00 feet;

Adopted Resolutions and Passed Ordinances Ord. No. 1377-2019 December 13, 2019 The City Record 52

4. Thence continuing along said northerly line of City of Cleveland (PPN 101-13-036), by a non- tangential curve to the right said curve having a radius of 4.00 feet, an arc length of 9.09 feet, and a chord bearing North 6°37 '12" West a distance of 7.26 feet; 5. Thence continuing along said northerly line of City of Cleveland (PPN 101-13-036), North 58°27'41" East a distance of 56.27 feet; 6. Thence along the southerly line of City of Cleveland (PPN 101-13-036), by a non- tangential curve to the left, said curve having a radius of 1050.00 feet, an arc length of 61.84 feet, and a chord bearing South 32°11'01" West a distance of 61.84 feet; 7. Thence continuing along said southerly line City of Cleveland, South 30°29'47" West a distance of 37.78 feet; 8. Thence along the southerly line of vacated Old River Road, South 56° 39'58" East a distance of 11.80 feet; 9. Thence continuing along said southerly line of vacated Old River Road, South 71°42'07" East a distance of 28.94 feet; 10. Thence along the westerly line of Old River Road, North 30°29'47" East a distance of 67.52 feet; 11. Thence along the northerly line of vacated Old River Road, North 71 °42'07" West a distance of 35.07 feet; 12. Thence continuing along said northerly line of vacated Old River Road, North 56°39'58" West a distance of 41.48 feet; 13. Thence through the lands of The Cuyahoga County Board of Commissioners (PPN 101-13-029) by a non-tangential curve to the left, said curve having a radius of 73.50 feet, an arc length of 44.28 feet, and a chord bearing North 12°23'28" East a distance of 43.62 feet; 14. Thence continuing through said lands of The Cuyahoga County Board of Commissioners, North 55°39'06" East a distance of 200.46 feet; 15. Thence along the westerly line of City of Cleveland (PPN 101-13-006), North 34°24'40" West a distance of 56.17 feet to the TRUE POINT OF BEGINNING, and containing 0.5945 acres (25,896 square feet) of land, more or less, and subject to all easements, restrictions and covenants of record.

Section 2. That the cost of the acquiring the easement rights shall be $1.00 and other valuable consideration. The purchase price, appraisal, title, escrow and all other costs incurred in acquiring and recording the easement interests shall be paid from the fund or funds deemed appropriate by the Director of Finance.

Section 3. That the Director of Capital Projects is authorized to execute any documents on behalf of the City of Cleveland necessary to affect the purposes of this ordinance.

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.

Passed December 2, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1377-2019 December 13, 2019 The City Record 53

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1377-2019 December 13, 2019 The City Record 54

Ordinance No. 1379-2019

Council Members: Zone 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 Homeland Security for the FY 18 Assistance to Firefighters Grant; and authorizing the purchase by contract of one mobile training trailer, for the Division of Fire, Department of Public Safety.

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 amount of $70,000, and any other funds that become available during the grant term, from United States Department of Homeland Security to conduct the FY 18 Assistance to Firefighters Grant; that the Director of Public Safety 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 application for the grant contained in the file described below.

Section 2. That the application for the grant, File No. 1379-2019-A, 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 amount of $7,000 from Fund No. 01-6003-6397, is approved in all respects and shall not be changed without additional legislative authority. (RQS 6003, RL 2019-89)

Section 3. That the Director of Public Safety is authorized to make one or more written contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for each or all of the following items: one (1) mobile training trailer, to be purchased by the Commissioner of Purchases and Supplies for a gross price, for the Division of Fire, Department of Public Safety.

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 Safety 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 the Director of Public Safety shall have the authority to extend the term of the grant if the extension does not involve an increase in the dollar amount of the grant specified above.

Adopted Resolutions and Passed Ordinances Ord. No. 1379-2019 December 13, 2019 The City Record 55

Section 6. That the cost of the contract or contracts shall be paid from the fund or funds to which are credited the grant proceeds received under this ordinance and the cash match.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1379-2019 December 13, 2019 The City Record 56

Ordinance No. 1388-2019

Council Members: Zone 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 2019 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 $41,659.50, and any other funds that may become available during the grant term, from the County Public Safety and Justice Services to conduct the FY 2019 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 $13,886.50 from Fund No. 10 SF 027 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 $95,221.86 and any other funds that may become available during the grant term from the County Public Safety and Justice Services to conduct the FY 2019 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 $31,740.62 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.

Adopted Resolutions and Passed Ordinances Ord. No. 1388-2019 December 13, 2019 The City Record 57

Section 5. That the Director of Law is authorized to apply for and accept a grant in the approximate amount of $136,881.36, and any other funds that may become available during the grant term, from the County Public Safety and Justice Services, to conduct the FY 2019 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 $45,627.12 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. 1388-2019-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 2019-116 - Sexual Assault Advocate; RQS 6002, RL 2019-117 – Law Enforcement; RQS 1001, RL 2019-115 – 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1388-2019 December 13, 2019 The City Record 58

Ordinance No. 1389-2019

Council Members: Santana, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of City Planning to enter into one or more agreements with Metro West Community Development Corporation for the Clark Fulton Masterplan.

WHEREAS, Metro West Community Development Corporation (“Metro West”) and the City of Cleveland are part of a multi-party team also consisting of Councilmember Jasmin Santana, CCH Development Corporation and the Cleveland Foundation, who are committed to strengthening the Clark Fulton neighborhood through development and implementation of a unified neighborhood masterplan (the “Clark Fulton Masterplan”); and

WHEREAS, in furtherance of developing and implementing the Clark Fulton Masterplan, Metro West will contract with one or more organizations and/or consultants which will be paid from contributing funds from the parties; and

WHEREAS, the City’s contribution is $50,000 which will be disbursed under the agreement with Metro West authorized in this ordinance upon presentation of receipts for documented project costs; 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 City Planning is authorized to enter into an agreement with Metro West to provide City funds for the preparation of the Clark Fulton Masterplan, including but not limited to, the process for approving deliverables, disbursing funds, identifying procedures and other issues relating to this ordinance.

Section 2. That the costs of the agreement shall not exceed $50,000 and shall be paid from Fund Nos. 01-0110-6380 and 17 SF 652, RQS 0110, RL 2019-123.

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1389-2019 December 13, 2019 The City Record 59

Ordinance No. 1424-2019

Council Members: Brancatelli and Kelley (by departmental request)

An emergency ordinance to amend Section 4 of Ordinance No. 558-2019, passed May 13, 2019, as amended by Ordinance No. 1223-2019, passed October 21, 2019, relating to AIDS Related Services, HOPWA funded.

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 Section 4 of Ordinance No. 558-2019, passed May 13, 2019, as amended by Ordinance No. 1223-2019, passed October 21, 2019, is amended to read as follows:

Section 4. AIDS Related Services – HOPWA funded.

(a) That, as a Subrecipient Grantee of HOPWA funds for the Department of Community Development, the Director of Public Health is authorized to enter into one or more contracts with various agencies or entities to provide AIDS- related services in conjunction with the Housing Opportunities for People With AIDS (HOPWA) Grant Program. The amount of $42,298 is appropriated to the Department of Public Health for administrative costs of implementing the HOPWA program.

(b) That the Director of Public Health is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to provide evaluation services.

The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Public Health from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Public Health for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Health and certified by the Director of Finance.

(c) That any agency or entity that receives funds under this ordinance shall be required to comply with the evaluation services provided by the consultant.

Adopted Resolutions and Passed Ordinances Ord. No. 1424-2019 December 13, 2019 The City Record 60

(d) That prior to expending funds under this ordinance, the Director of Public Health and the Director of Community Development must enter into a memorandum of understanding for this program under the terms authorized by this legislation.

(e) That the cost of the contracts of $1,360,338 and the amount of administrative cost of $42,298 for a total amount of $1,402,636, are appropriated for costs of the Department of Public Health incurred from Fund 19 following the appropriate federal regulations payable from Fund No. 19 SF 667, and any other prior years balances. (RQS 8006, RLA 2019-0011)

Section 2. That existing Section 4 of Ordinance No. 558-2019, passed May 13, 2019, as amended by Ordinance No. 1223-2019, passed October 21, 2019, is repealed.

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1424-2019 December 13, 2019 The City Record 61

Ordinance No. 1425-2019

Council Members: Zone and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to apply for and accept a grant from the U.S. Department of Homeland Security for the FY19 Port Security Grant Program; and authorizing the purchase of one fire boat, including associated equipment, and shipping or delivery.

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 $900,000, and any other funds that may become available during the grant term from the U.S. Department of Homeland Security to conduct the FY19 Port Security Grant 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 this ordinance.

Section 2. That the grant is approved in all respects, including the obligation of the City of Cleveland to provide cash matching funds in the amount of $300,000 from Fund No. 11 SF 006. (RQS 6003, RL 2019-112)

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 make one or more written contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for each or all of the following items: one (1) fire boat, including associated equipment, and shipping or delivery, to be purchased by the Commissioner of Purchases and Supplies for a gross price, for the Division of Fire, Department of Public Safety.

Section 5. 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 Safety 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 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.

Adopted Resolutions and Passed Ordinances Ord. No. 1425-2019 December 13, 2019 The City Record 62

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1425-2019 December 13, 2019 The City Record 63

Ordinance No. 1426-2019

Council Members: 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 pedestrian enhancements known as Main Avenue Connector; to apply for and accept any gifts or grants from any public or private entity; authorizing the Director of Capital Projects to enter into any relative agreements; authorize the Division of Purchasing and Supplies to acquire and accept land necessary for the improvement; and causing payment of the City’s share to the State for the cost 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 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: the pedestrian pocket park at Main Avenue and West 9th Street, PID 111396 (the “Improvement”).

Section 2. That the City proposed to cooperate with the State in the cost of the Improvement by assuming and contributing the entire cost and expense of the Improvement, less the amount of federal funds allocated by the Federal Highway Administration, United States Department of Transportation. The City agrees to assume one hundred percent (100%) of the cost of preliminary engineering, right-of-way and environmental documentation. Also, the City agrees to assume and contribute 100% of the cost of any items included in the construction contract at the request of the City, which are determined by the State not eligible or made necessary by the Improvement. The City’s share of the cost is estimated in the amount of $187,000, but the estimated amount is to be adjusted in order that the City’s ultimate share of the Improvement shall correspond with the percentages of actual costs when the actual costs are determined. Also, the City further agrees that change orders and extra work contracts required to fulfill the construction contracts shall be processed as needed. The State shall not approve a change order or extra work contract until it first gives notice, in writing, to the City. The City shall contribute its share of the cost of these items in accordance with other provisions herein.

Section 3. That the Director of Capital Projects is authorized to enter into one or more agreements with the State necessary to complete the planning and construction of the Improvement, which agreements shall contain terms and conditions that the Director of Law determines shall best protect the public interest.

Adopted Resolutions and Passed Ordinances Ord. No. 1426-2019 December 13, 2019 The City Record 64

Section 4. Utilities and Right-of-Way Statement. The City agrees to acquire and/or make available to the State, under current State and Federal regulations, all necessary right-of-way required for the Improvement. The City also understands that right-of-way costs include eligible utility costs. The City agrees to be responsible for all utility accommodation, relocation and reimbursement and agrees that all such accommodations, relocations and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.

Section 5. Maintenance. Upon completion of the Improvement, and unless otherwise agreed, the City shall: (1) provide adequate maintenance for the Improvement under all applicable State and Federal laws, including, but not limited to, 23 USC 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 the Director of Capital Projects is authorized to enter into contracts with ODOT pre-qualified consultants for the preliminary engineering phase of the Improvement and to enter into contracts with the Director of Transportation necessary to complete the Improvement. Upon the request of the State, the Director of Capital Projects is also authorized to assign all rights, title and interests of the City to the State arising from any agreement with its consultant in order to allow the State 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.

Section 7. That the City agrees that if Federal funds are used to pay the cost of any consultant contract, the City shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further, the City agrees to incorporate the State’s “Specifications for Consulting Services” as a contract document in all of its consultant contracts. The City agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to the State’s current design standards, and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Improvement. The City agrees to include a completion schedule acceptable to the State and to assist the State in rating the consultant’s performance through the State’s Consultant Evaluation System.

Section 8. That this Council requests the State to proceed with the Improvement.

Section 9. That the Director of Capital Projects is authorized to apply for and accept any gifts or grants for this purpose from any public or private entity, including but not limited to NOACA; and 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 this ordinance.

Section 10. That the Director of Capital Projects is authorized to accept cash contributions from public or private entities for infrastructure restoration costs associated with relocating, rehabilitating or reconstructing utility infrastructure for the Improvement.

Adopted Resolutions and Passed Ordinances Ord. No. 1426-2019 December 13, 2019 The City Record 65

Section 11. That the Director of Capital Projects is authorized to enter into any agreements necessary to implement the Improvement.

Section 12. That, notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Commissioner of Purchases and Supplies is authorized to acquire, accept and record for right-of-way purposes any real property including but not limited to fee simple acquisitions, temporary easements, permanent easements and work agreements as if necessary to make the Improvement. The consideration to be paid for the property and easements shall not exceed fair market value, as determined by the Board of Control.

Section 13. That the Director of Capital Projects 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 14. 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 15. That this Council authorizes payment to the State of the City’s share of the Improvement.

Section 16. That the cost of the professional services and the City’s share of the Improvement shall be paid from Fund Nos. 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, 20 SF 592, and any and all funds approved by the Director of Finance, including future bond funds, if issued for this purpose. (RQS 0103, RLA 2019-63)

Section 17. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1426-2019 December 13, 2019 The City Record 66

Ordinance No. 1429-2019

Council Members: Hairston, McCormack, B. Jones, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Community Development to enter into one or more grant agreements with and Nottingham Villages Development Corporation dba Greater Collinwood Development Corporation, the Near West Side Multi-Service Corporation, and Mental Health Services for Homeless Persons, Inc. dba Frontline Service, or their designees, to make repairs to City-owned facilities.

WHEREAS, the City of Cleveland owns three facilities which are 1) Five Pointe aka Collinwood Community Services Center, which is being leased to the Collinwood and Nottingham Villages Development Corporation dba Greater Collinwood Development Corporation, 2) May Dugan Center, which is being leased to the Near West Side Multi- Service Corporation, and the 3) North Point Inn aka North Point Shelter or 1550 Superior Avenue, which is being leased to Mental Health Services for Homeless Persons, Inc. dba Frontline Service; and

WHEREAS, all three facilities are currently occupied and have tenants and programs that operate from the centers; and

WHEREAS, the facilities are in need of repairs and maintenance; and

WHEREAS, under Ordinance No. 900-18, passed September 10, 2018, this Council authorized improvements to the facilities and additional improvements and maintenance are necessary; 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 one or more grant agreements with Collinwood and Nottingham Villages Development Corporation dba Greater Collinwood Development Corporation, the Near West Side Multi-Service Corporation, and Mental Health Services for Homeless Persons, Inc. dba Frontline Service, or their designees, to finance repairs to the facilities and provide maintenance.

Section 2. That the agreements 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 grants shall not exceed an aggregate amount of $225,000, and are paid from Fund No. 14 SF 044, and any prior balances and program

Adopted Resolutions and Passed Ordinances Ord. No. 1429-2019 December 13, 2019 The City Record 67 income, as stated in Ordinance No. 900-18, passed September 10, 2018. (RQS 8006, RL 2018-82).

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1429-2019 December 13, 2019 The City Record 68

Ordinance No. 1430-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance determining the method of making the public improvement of repairing and improving the Baldwin, Crown, Morgan and Nottingham Plants; authorizing the Director of Public Utilities to enter into one or more public improvement contracts to construct 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 repairing and improving the Baldwin, Crown, Morgan and Nottingham Plants, including but not limited to, improvements to chemical, HVAC, control and electrical systems and repairs to roofing, masonry and structural elements, the filter underdrain systems, and the intake traveling screens (the “Improvement”), 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 on a unit basis 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 Improvement with the lowest responsible bidder or bidders after competitive bidding on a unit basis 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 on a unit basis.

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 contracts and other expenditures authorized shall be paid from Fund No. 52 SF 001 and from the fund or funds to which are credited the proceeds from the sale of future bonds, if issued for this purpose. (RQS 2002, RLA 2019-58)

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.

Passed December 2, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1430-2019 December 13, 2019 The City Record 69

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1430-2019 December 13, 2019 The City Record 70

Ordinance No. 1438-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to employ one or more professional consultants to analyze the SCADA system and recommend improvements and upgrades, for the Division of Cleveland Public Power, 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 employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to analyze the SCADA system and recommend improvements and upgrades, for the Division of Cleveland Public Power, Department of Public Utilities, for a period of two years. The selection of the consultant or consultants for the services shall be made by the Board of Control on the nomination of the Director of Public Utilities from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, and certified by the Director of Finance.

Section 2. That the cost of the contract or contracts authorized shall be paid from Fund No. 58 SF 001. (RQS 2004, RL 2019-106)

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1438-2019 December 13, 2019 The City Record 71

Ordinance No. 1439-2019

Council Members: Griffin, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Community Development and the Commissioner of Purchases and Supplies to enter into one or more agreements with The Inspirion Group, Ltd., or its designee, providing for the exchange of real properties necessary for the development of a mixed-use project at East 90th Street and Chester Avenue.

WHEREAS, the Department of Community Development desires to enter into one or more agreements with The Inspirion Group, Ltd., or its designee, (“Inspirion”), providing for the exchange of real properties necessary for the development of a mixed- use project at East 90th Street and Chester Avenue; and

WHEREAS, one of the City properties to be transferred to Inspirion is a component of the City of Cleveland’s land reutilization program and, as such, can be sold under Section 5722.07 of the Revised Code for not less than fair market value under the policies of the Land Reutilization Program subject to such restrictions and covenants as appropriate to assure the land’s effective reutilization; 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 Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Community Development and the Commissioner of Purchases and Supplies are authorized to enter into one or more agreements for and on behalf of the City of Cleveland with Inspirion providing for the exchange of real property, including transfer of fee title to Inspririon of some or all of the following described City property, known as Permanent Parcel Nos. 119-08-039, 119-08-040 and 119-08-020:

PPN 119-08-020

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being all of Sublot No. 15 in S.V. Harkness Subdivision as shown by the recorded plat in Volume 31 of Maps, Page 8 of Cuyahoga County Records, and the Easterly 42.25 feet of Sublot No. 11 in Ira Adams Allotment as shown by the recorded plat in Volume 6 of Maps, Page 8 of Cuyahoga County Records, part of original One Hundred Acre Lot No. 400 and together forming a parcel of land 60 feet front on the Westerly side of East 90th Street (formerly Harkness Avenue) and extending back of equal width 183.25 feet as appears by said plat.

Subject to Zoning Ordinances, if any.

Adopted Resolutions and Passed Ordinances Ord. No. 1439-2019 December 13, 2019 The City Record 72

PPN 119-08-039

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as the Southerly 30 feet of Sublot No. 32 in S.V. Harkness’ Subdivision of part of Original One Hundred Acre Lot No. 400, as shown by the recorded plat in Volume 31of Maps, Page 8 of Cuyahoga County Records, and being 30 feet front on the Easterly side of East 90th Street, (formerly Harkness Avenue), and extending back of equal width 141 feet, as appears by said plat, be the same more or less, but subject to all legal highways.

PPN 119-08-040

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being the Northerly 30 feet front to rear of Sub Lot No. 32 in S. V. Harkness' Subdivision of part of Original One-Hundred Acre Lot No. 400, as shown by the recorded plat in Volume 31 of Maps, Page 8 of Cuyahoga County Records, and being 30 feet front on the Easterly side of East 90th. Street, (formerly Harkness Avenue), and extending back of equal width 141 feet, as appears by said plat, be the same more or less, but subject to all legal highways.

Section 2. That the agreement shall also provide that Inspirion shall transfer fee title to the City of Cleveland Land Reutilization Program of the following described Inspirion property, known as Permanent Parcel Nos. 119-08-043 and 119-08-044.

Section 3. That the agreements authorized shall be prepared by the Director of Law and shall include assurances that the exchanges were conducted using fair market values, as determined by the Board of Control; and that the City property being transferred to Inspirion are subject to restrictions and covenants as the Director of Community Development deems necessary or appropriate to assure the land’s effective reutilization.

Section 4. That the conveyances referred to above shall be made by official Quitclaim deeds prepared by the Director of Law and executed by the Mayor on behalf of the City of Cleveland. The deeds shall contain provisions necessary to protect the parties and their respective interests, including restrictive covenants deemed necessary by the Directors of Community Development and Law, and shall specifically contain provisions against the erection of any advertising signs or billboards, excepting permitted identification signs.

Section 5. That the Director of Community Development is authorized to execute on behalf of the City of Cleveland all necessary documents to exchange the properties and to employ and pay all fees for title companies, surveys, escrows, appraisers, environmental audits and all other costs necessary for the transfer of the properties.

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

Adopted Resolutions and Passed Ordinances Ord. No. 1439-2019 December 13, 2019 The City Record 73 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1439-2019 December 13, 2019 The City Record 74

Ordinance No. 1441-2019

Council Members: Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located on Wade Park, East 89th Street and Crawford Road to Kenmore Commons Limited Partnership, Ltd., or its designee, for purposes of redeveloping Kenmore Commons.

WHEREAS, the Director of Community Development has requested the sale of the City-owned property to Kenmore Commons Limited Partnership, Ltd., or its designee, (the “Redeveloper”) no longer needed for the City’s public use and located on Wade Park, East 89th Street and Crawford Road, for purposes of redeveloping Kenmore Commons; 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, it is found and determined that the following described properties, Permanent Parcel No. 107-15-243 on Wade Park, Permanent Parcel No. 107-15-030 on East 89th Street, and Permanent Parcel No. 107-17-027 at 1600 Crawford Road, are no longer needed for the City’s public use:

PPN 107-15-030

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Sub Lot No. 2 in Cody Brothers' Subdivision of part of Original One Hundred Acre Lot No. 384, as shown by the recorded plat in Volume 16 of Maps, Page 28 of Cuyahoga County Records, and bounded and described as follows:

Beginning on the Westerly line of East 89th St., at a point distant 43.20 feet Northerly, measured along said Westerly line from its intersection with the Northerly line of Wade Park Ave., N. E.; thence Northerly along said Westerly line of East 89th St., 33.50 feet to a point; thence Westerly on a line parallel with the Northerly line of Wade Park Ave., N. E., 40 feet to a point on the Westerly line of said Sub Lot No. 2; thence Southerly along said Westerly line, 33.50 feet to a point; thence Easterly on a line parallel with the Northerly line of Wade Park Ave., N. E.., 40 feet to the place of beginning, as appears by said plat, be the same more or less, but subject to all legal highways.

Adopted Resolutions and Passed Ordinances Ord. No. 1441-2019 December 13, 2019 The City Record 75

PPN 107-15-243

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being part of Sub Lot No. 2 in Cody Brothers’ Subdivision of part of Original One Hundred Acre Lot No. 384, as shown by the recorded plat in Vol. 16 of Maps, Page 28 of Cuyahoga County Records, and bounded and described as follows:

Beginning of the Westerly line of East 89th St. at its intersection with the Northerly line of Wade Park Ave., N. E.; thence Northerly along said Westerly line of East 89th St., 43.20 feet to a point; thence Westerly on a line parallel with the Northerly line of Wade Park Ave., N. E., 40 feet to a point on the westerly line of said Sub Lot No. 2; thence Southerly along said Westerly line of Sub Lot No. 2 about 43.20 feet to the Northerly line of said Wade Park Ave., N. E., thence Easterly along the Northerly line of said Wade Park Ave., N. E., 40 feet to the place of beginning, as appears by said plat, be the same more or less, but subject to all legal highways.

PPN 107-17-027

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of-Sublot No. 82 and, all of Sublot No. 83 in W. J. Crawford and James Parmelee's Subdivision of part of Original -100 Acre Lot No.392, as shown by the recorded plat in Volume 14 of Maps, Page 19 of Cuyahoga County Records, and together forming a parcel of land bounded and described as follows:

Beginning on the Northwesterly line Of Crawford Road, N.E., at the most Easterly corner of said Sublot No. 83; thence Southwesterly along the Northwesterly line of Crawford Road, N.E., 42 feet to the most Southerly corner of Sublot No. 83, thence Northwesterly along the Southwesterly line of Sublot No. 83 and the Northwesterly prolongation thereof, 160 feet to the Northwesterly line of said Sublot No. 82; thence Northeasterly along the Northwesterly line of Sublot No. 82,42.69 feet to the most Northerly corner thereof; thence Southeasterly along the Northeasterly line of Sublots Nos. 82 and 83, 160 feet to the place of beginning, as appears by said plat, be the same more or less, but subject to all legal highways.

Section 2. 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.

Section 3. 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, 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.

Adopted Resolutions and Passed Ordinances Ord. No. 1441-2019 December 13, 2019 The City Record 76

Section 4. That the Director of Community Development is authorized to execute any documents as may be necessary to effectuate the purposes of this ordinance.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1441-2019 December 13, 2019 The City Record 77

Ordinance No. 1442-2019

Council Members: Johnson and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects or the Director of Public Works, as appropriate, to enter into an agreement with Time Equities Inc. to allow and accept improvements to the detention basin located in Cleveland Memorial Gardens, as a gift to the City.

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 Capital Projects or Public Works, as appropriate, is authorized to enter into an agreement with Time Equities Inc. to permit the construction of improvements to the detention basin located in Cleveland Memorial Gardens, and to accept improvements as a gift to the City. The agreement shall be prepared by the Director of Law and shall contain additional terms and conditions that the Director deems necessary to protect and benefit the public interest.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1442-2019 December 13, 2019 The City Record 78

Ordinance No. 1443-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance to amend the title and Section 3 of Ordinance No. 722-2019, passed July 24, 2019, relating to one or more agreements with Corix Utilities (Cleveland) Inc. dba Cleveland Thermal, or its, contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell 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 title and Section 3 of Ordinance No. 722-2019, passed July 24, 2019, are amended to read as follows:

An Emergency Ordinance authorizing the Director of Public Utilities to enter into one or more agreements with Corix Utilities (Cleveland) Inc. dba Cleveland Thermal, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to provide pre-payment to Cleveland Thermal for the City’s share of the improvement.

Section 3. That, upon execution of the agreement authorized above, the Director of Public Utilities is authorized to provide pre-payment to Cleveland Thermal, or its contractor, for the replacement of a water main at East 6th Street between Lakeside Avenue and Rockwell Avenue, related Division of Water costs, and other expenditures, in an estimated amount of $1,200,000, payable from Fund No. 52 SF 001, and from the fund or funds to which are credited any future water bonds if issued for this purpose. (RQS 2002, RL 2019-46)

Section 2. That the existing title and Section 3 of Ordinance No. 722-2019, passed July 24, 2019, are repealed.

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1443-2019 December 13, 2019 The City Record 79

Ordinance No. 1448-2019

Council Members: Keane and Kelley (by departmental request)

An emergency ordinance determining the method of making the public improvement of performing the Suburban Water Main Renewal Program, years 2020 through 2024, including replacing or rehabilitating water mains and their related apparatus in various suburban communities; and authorizing the Director of Public Utilities to enter into one or more public improvement contracts to construct the improvement.

WHEREAS, the City of Cleveland, Division of Water, has entered into, and will continue to enter into, Amended Water Service Agreements, Asset Transfer Agreements, and Municipal Utility District Agreements with various suburban communities, which include the transfer of ownership of suburban water distribution assets to the City of Cleveland, as well as obligations related to regional cooperation and tax sharing; and

WHEREAS, the Division of Water is obligated under the Amended Water Service Agreements to replace and rehabilitate such water distribution assets, which include water mains and appurtenances; 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, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of performing the Suburban Water Main Renewal Program, years 2020 through 2024, including replacing or rehabilitating water mains and their related apparatus in the suburban communities that have signed or will sign the Amended Water Service Agreement with the City of Cleveland (the “Improvement”), 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 on a unit basis 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 Improvement with the lowest responsible bidder or bidders after competitive bidding on a unit basis 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 on a unit basis.

Section 3. That the cost of the contracts authorized shall be paid from Fund Nos. 52 SF 001 and from the funds and subfunds to which are credited the proceeds of the sale of future Water Works revenue bonds, if issued for this purpose. (RQS 2002, RLA 2019- 59)

Adopted Resolutions and Passed Ordinances Ord. No. 1448-2019 December 13, 2019 The City Record 80

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1448-2019 December 13, 2019 The City Record 81

Ordinance No. 1499-2019

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Human Resources to employ one or more professional consultants to provide mid-level manager training and supporting resources, for a period of one-year, with two one- year options to renew, exercisable by the Director of Human Resources.

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 Human Resources is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to provide mid- level manager training and supporting resources, for a period of one-year, with two one- year options to renew, exercisable by the Director of Human Resources. The selection of the consultant or consultants for the services shall be made by the Board of Control on the nomination of the Director of Human Resources from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Human Resources for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Human Resources, and certified by the Director of Finance.

Section 2. That the cost of the contract or contracts authorized shall be paid from Fund No. 01-0402-6320. (RQS 0402, RL 2019-125)

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1499-2019 December 13, 2019 The City Record 82

Ordinance No. 1500-2019

Council Members: Johnson and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more requirement contracts of rock salt, for the Division of Streets, Department of Public Works, for a period of one year.

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 Works 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 the period of one year of the necessary items of rock salt, 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 Division of Streets, Department of Public Works. 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 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 7016, RL 2019-30)

Section 3. 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 Works 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 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1500-2019 December 13, 2019 The City Record 83

Ordinance No. 1501-2019

Council Members: Griffin, 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 First Interstate Properties Ltd., or its designee, located at 12201 Larchmere Boulevard 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.

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 Mayor and the Commissioner of Purchases and Supplies are authorized to acquire from and re-convey to, First Interstate Properties Ltd., or its designee, for a nominal consideration of one dollar and other valuable consideration determined to be fair market value, the following property 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 and more fully described as follows:

Legal Description 121 Larchmere

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Sublot No. 174 in the Cedar Heights Land Company’s Leisy Estates Subdivision of part of Original 100 Acre Lot No 421, as shown by the recorded plat in Volume 70 of Maps, Page 14 of Cuyahoga County Records, and part of Original 100 Acre Lot No. 421, and together forming a parcel of land bounded and described as follows:

Beginning on the northerly line of Woodland Avenue, S.E. (66 feet wide), at its intersection with the Easterly line of East 121st Street, 34 feet wide; thence northerly along the easterly line of East 121st Street to the southerly line of Mt Overlook Avenue S.E., 40 feet wide; thence easterly along the southerly line of Mt Overlook Avenue, S.E., 200.28 feet to the northwesterly corner of Sublot No. 173 in the Cedar Heights Land Company’s Leisy Estates Subdivision, as aforesaid; thence southerly along the westerly line of said Sublot No. 173, 113.54 feet to the northwesterly corner of said Sublot No. 174;

Adopted Resolutions and Passed Ordinances Ord. No. 1501-2019 December 13, 2019 The City Record 84

thence easterly along the northerly line of said Sublot No. 174, 73.27 feet to the northeasterly corner thereof; thence southerly along the easterly line of said Sublot No. 174, 84.90 feet to a point distant 70 feet northerly measured along said easterly line, from the northerly line of Woodland Avenue, S.E., 76 feet wide; thence westerly parallel to the northerly line of Woodland Avenue, S.E., 45 feet; thence southerly parallel to the easterly line of Sublot No. 174, 70 feet to the northerly line of Woodland Avenue, S.E., 76 feet wide; thence westerly along said northerly line, 5 feet to the southwesterly corner of Sublot No. 174; thence southerly along the southerly prolongation of the westerly line of said Sublot No. 174, 10.11 feet to the northerly line of Woodland Avenue, S.E., 66 feet wide; thence westerly along the northerly line of Woodland Avenue, S.E., 66 feet wide, 200.21 feet to the Place of Beginning, according to a Survey made by Edward C. O’Rourke, Registered Surveyor, dated August, 1962.

PPN’s: 129-05-027 through 029 and 038

Section 2. That the Director of Economic Development is authorized to execute on behalf of the City of Cleveland all necessary documents to acquire and to convey the properties and to employ and to cause First Interstate Properties Ltd., or its designee, to pay all fees for title companies, surveys, escrows, appraisers, environmental audits, and all other costs necessary for the acquisition and sale of the properties.

Section 3. That this Council finds the conveyances are in compliance with division (B)(1) of Section 5709.41 of the Revised Code and the proposed improvements constitute and are declared a public purpose under said section, and the subject property is located in a blighted area of an impacted City as required by Section 5709.41 of the Revised Code.

Section 4. That the conveyance shall be made by official deed prepared by the Director of Law and executed by the Mayor and the Commissioner of Purchases and Supplies on behalf of the City of Cleveland.

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.

Adopted Resolutions and Passed Ordinances Ord. No. 1501-2019 December 13, 2019 The City Record 85

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1501-2019 December 13, 2019 The City Record 86

Ordinance No. 1502-2019

Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the Executive Director of Workforce Development to apply for and accept one or more grants from the Ohio Department of Job and Family Services, or other fiscal agents, for the program year 2019 Workforce Innovation and Opportunity Act and Workforce Development programs; to enter into contracts and memoranda of understanding with various entities necessary to administer and implement the Workforce Development programs; to enter into one or more agreements with Cuyahoga County, or other fiscal agents, to accept monies for implementation of the programs; and to sublease areas at OhioMeansJobs|Cleveland-Cuyahoga County One-Stop Service Center, located at 1910 Carnegie Avenue.

WHEREAS, the Workforce Innovation and Opportunity Act of 2014, Public Law 113- 128 (“WIOA”), the purpose of which is to “. . . provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and, as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the nation” was enacted; and

WHEREAS, the Governor of the State of Ohio has designated the geographic boundaries of the City of Cleveland (“City”) and Cuyahoga County as a Local Workforce Area for purposes of administering WIOA in Northeastern Ohio; and

WHEREAS, in order to better address the needs of the citizens of the City and the County, maximize the use of available funds, and comply with federal and state policies, and generally administer funds and programs under the Workforce Innovation and Opportunity Act (“WIOA”), and other Workforce Development programs, the City and the County have agreed to continue to operate consolidated Workforce programs in accordance with an Intergovernmental Agreement entered into by the Mayor and the Cuyahoga County Board of Commissioners on June 4, 2007 (“IGA”); and

WHEREAS, in accordance with the intergovernmental agreement for the WIOA Program Year (“PY”) 2019 for the period of July 1, 2019, through June 30, 2021, the City will serve as the administrative entity and will be reimbursed from grant funds for all expenses; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Adopted Resolutions and Passed Ordinances Ord. No. 1502-2019 December 13, 2019 The City Record 87

Section 1. That the Executive Director of Workforce Development (the “Director”) is authorized to apply for and accept one or more grants from the Ohio Department of Job and Family Services, Department of Labor, Cuyahoga County or other fiscal agents, for reimbursement of the costs of the City’s 2019-2021 Workforce Development program services described in this ordinance to eligible individuals and businesses. The Director is authorized to file all papers and execute all documents necessary to receive the funds under the grants.

Section 2. That the Director is authorized to enter into one or more contracts with various agencies, entities or organizations to administer and implement the following component activities of the grant(s):

Adult Activities

• OCCUPATIONAL SKILLS TRAINING • ON-THE-JOB TRAINING • CUSTOMIZED TRAINING • COHORT TRAINING • INCUMBENT WORKER TRAINING • SPECIALIZED POPULATION SERVICES • SUPPORTIVE SERVICES • JOB READINESS TRAINING • FOLLOW-UP • JOB DEVELOPMENT AND EMPLOYER SERVICES • JOB FAIRS, WDB MEETINGS, PROVIDER MEETINGS • CAREER SERVICES • INTENSIVE SERVICES • ENTREPRENUERIAL ACTIVITIES • EMPLOYEE AND EMPLOYER RECOGNITION EVENTS • PRE-VOCATIONAL SERVICES AND ACTIVITIES • WDB INITIATIVES AND SPECIAL PROJECTS

Dislocated Worker Activities

• OCCUPATIONAL SKILLS TRAINING • ON-THE-JOB TRAINING • CUSTOMIZED TRAINING • COHORT TRAINING • INCUMBENT WORKER TRAINING • SPECIALIZED POPULATION SERVICES • SUPPORTIVE SERVICES • JOB READINESS TRAINING • PRE-VOCATIONAL SERVICES AND ACTIVITIES • FOLLOW-UP

Adopted Resolutions and Passed Ordinances Ord. No. 1502-2019 December 13, 2019 The City Record 88

• JOB DEVELOPMENT AND EMPLOYERS SERVICES • JOB FAIRS, WIB MEETINGS, PROVIDER MEETINGS • RAPID RESPONSE • CAREER SERVICES • INTENSIVE SERVICES • ENTREPRENUERIAL ACTIVITIES • EMPLOYEE AND EMPLOYER RECOGNITION EVENTS • WDB INITIATIVES AND SPECIAL PROJECTS • SECTOR STRATEGIES AND CAREER PATHWAYS

Section 3. That the Director is authorized to enter into one or more memoranda of understanding (“MOU”) with various entities, agencies, or individuals participating in the OhioMeansJobs|Cleveland-Cuyahoga County One-Stop Service Center, activities and/or programs relating to cost-sharing contributions, for the purposes of implementing the Workforce Development programs during the 2019 – 2021 term of the grant, as described in this ordinance. The Director is further authorized to enter into various agreements necessary to carry out the purposes of the MOUs. The Director is authorized to accept monies under the cost-sharing MOUs, and to deposit the cost sharing contributions with the County as the designated fiscal agent under the IGA.

Section 4. That the Director is authorized to enter into one or more agreements with Cuyahoga County to accept monies from the County to implement the Workforce Innovation and Opportunity Act and other Workforce Development programs as described in this ordinance. Any funds accepted under this section shall be used only for additional services or contracts under this program, and the funds are appropriated for that purpose.

Section 5. That the Director is authorized to enter into one or more grants or contracts with various entities, agencies, or individuals to enable the City of Cleveland to provide services under the Workforce Innovation and Opportunity Act and Workforce Development programs authorized under this ordinance, and to receive payment for the services. The Director is authorized to accept monies under these grants and contracts to deposit the funds with the County as the designated fiscal agent. Any funds accepted under this section shall be used only for additional services or contracts under this program, and the funds are appropriated for that purpose.

Section 6. That notwithstanding and as an exception to the provisions of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director is authorized to sublease various areas at the OhioMeansJobs|Cleveland-Cuyahoga County One-Stop Service Center, located at 1910 Carnegie Avenue, to various entities, agencies, or individuals, to provide Workforce Development and Economic Development services authorized under this ordinance.

Section 7. That the term of the subleases authorized by this ordinance shall not exceed two years, subject to annual appropriation and to the provisions of the City’s lease agreement.

Adopted Resolutions and Passed Ordinances Ord. No. 1502-2019 December 13, 2019 The City Record 89

Section 8. That the subleases may authorize the various entities, agencies, or individuals to make improvements to the subleased premises subject to the approval of appropriate City agencies and officials, and to authorize the sublessees to contribute a share of operating costs.

Section 9. That the subleases shall be prepared by the Director of Law.

Section 10. That the Director, the Director of Law, the Chief of Public Affairs and other appropriate City officials are authorized to execute any other documents and certificates, and take any other actions which may be necessary or appropriate to affect the subleases authorized by this ordinance.

Section 11. That the Director is authorized to accept monies under the subleases authorized above, and to deposit the rent collected, and other program income with the County as the designated fiscal agent. Any funds accepted under this section shall be used only for additional services or contracts under this program, and the funds are appropriated for that purpose.

Section 12. That the Director is authorized to enter into one or more contracts with various entities, agencies, or individuals to provide business services and/or rental space at 1910 Carnegie Avenue, Cleveland, OH 44115, and to receive payment for the services and/or rental space. The Director is authorized to accept monies for the services, and to deposit the payments with the County as the designated fiscal agent. Any funds accepted under this section shall be used only for additional services or contracts under this program, and the funds are appropriated for that purpose.

Section 13. That the cost of any contract or contracts authorized in this ordinance shall be paid from the WIOA and other Workforce Development grant(s) or contract funds received.

Section 14. That the following amounts are estimated costs to be reimbursed to the City for administration of the Workforce Development programs and activities during the 2019 – 2021 grant term:

I. Salaries and payroll related expenses of about $750,000;

II. Operational and building related costs (Rent, Utilities, Security,) at 1910 Carnegie Avenue, Cleveland, OH 44115, in an amount not to exceed $900,000;

III. Other Workforce Development grants, MOU Agreements, programs and activities in an amount not to exceed $200,000; and

IV. Miscellaneous costs (Indirect costs, chargebacks, supplies) in an amount not to exceed $150,000.

Adopted Resolutions and Passed Ordinances Ord. No. 1502-2019 December 13, 2019 The City Record 90

Section 15. That the Mayor or the Director is authorized to enter into such other agreements as may be necessary to implement the City - County Workforce Development programs.

Section 16. That the contracts and agreements authorized by this ordinance shall be prepared by the Director of Law.

Section 17. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1502-2019 December 13, 2019 The City Record 91

Ordinance No. 1503-2019

Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the Director of the Office of Equal Opportunity to apply for and accept a grant from Living Cities, Inc. for the City Accelerator on Procurement: Accelerating Innovation 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 the Office of Equal Opportunity is authorized to apply for and accept a grant in the approximate amount of $50,000, and any other funds that may become available during the grant term from Living Cities, Inc. to conduct the City Accelerator on Procurement: Accelerating Innovation Program; that the Director is authorized to file all papers and execute a grant agreement and all other documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the award letter for the grant contained in the file described below.

Section 2. That the award letter for the grant, File No. 1503-2019-A, is 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 during the grant term the Director is authorized to extend the term of the grant.

Section 4. That, unless expressly prohibited by the grant agreement, under division (b) of Section 108 of the Charter of the City of Cleveland, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director 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. The contracts costs shall be paid from the fund or funds to which are credited any grant funds accepted under this ordinance.

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.

Passed December 2, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1503-2019 December 13, 2019 The City Record 92

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1503-2019 December 13, 2019 The City Record 93

Ordinance No. 1504-2019

Council Members: Brancatelli and Kelley (by departmental request)

An emergency ordinance approving the Tax Incentive Review Council’s Year 2018 recommendations.

WHEREAS, under Section 5709.85 of the Revised Code, if a municipal corporation grants an exemption from taxation, they shall create a Tax Incentive Review Council (“TIRC”); and

WHEREAS, one of the functions of the TIRC is to annually review all agreements granting exemptions from property taxation and to make recommendations to either continue, modify or cancel their agreements based on various factors, including fluctuations in the business cycle unique to the owner’s business; and

WHEREAS, in compliance with Section 5709.85 of the Revised Code, the City of Cleveland has created a TIRC and the TIRC has made written recommendations on exemptions to be approved by the legislative authority; and

WHEREAS, under Section 5709.85 of the Revised Code, once a legislative authority receives written recommendations from a TIRC, that legislative authority has sixty days after receiving the recommendations, to hold a meeting and vote to accept, reject or modify, all or any portion of the recommendations; 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 TIRC’s Year 2018 recommendations contained in File No. 1504- 2019-A are approved.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1504-2019 December 13, 2019 The City Record 94

Ordinance No. 1505-2019

Council Members: Zone and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to enter into one or more contracts without competitive bidding with ZOLL Medical Corporation for the purchase of extended warranty and preventive maintenance for cardiac monitors, defibrillators, batteries and accessories, for the Division of Emergency Medical Service, Department of Public Safety, for a period of eighteen months, with two options to renew for additional one-year periods, exercisable by the Director of Public Safety.

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 this Council determines that the within commodities and services are non-competitive and cannot be secured from any source other than ZOLL Medical Corporation. Therefore the Director of Public Safety is authorized to make one or more written contracts with ZOLL Medical Corporation on the basis of its proposal dated October 16, 2019, of extended warranty and preventive maintenance for cardiac monitors, defibrillators, batteries and accessories, for the Division of Emergency Medical Service, Department of Public Safety, for a period of eighteen months, with two options to renew for additional one-year periods, exercisable by the Director of Public Safety. The contract or contracts authorized shall be paid from Fund No. 01-6004-6615, RQS 6001, RLA 2019-67.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1505-2019 December 13, 2019 The City Record 95

Ordinance No. 1506-2019

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance to exercise the first option to renew Contract No. CT 1503 PS 2018-024 with TriZetto Provider Solutions LLC to provide various medical billing services, for the Department of Finance.

WHEREAS, under the authority of Ordinance No. 714-17, passed July 12, 2017, the Director of Finance entered into Contract No. CT 1503 PS 2018-024 with TriZetto Provider Solutions LLC to provide various medical billing services, including benefit eligibility verification, third-party administration for prisoner medical claims, clearinghouse services, claims management, insurance carrier skip tracing, and other related services; and

WHEREAS, Ordinance No. 714-17 requires further legislation before exercising the first option to renew on this contract; 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 Finance is authorized to exercise the first option to renew Contract No. CT 1503 PS 2018-024 with TriZetto Provider Solutions LLC to provide various medical billing services, including benefit eligibility verification, third- party administration for prisoner medical claims, clearinghouse services, claims management, insurance carrier skip tracing, and other related services. This ordinance constitutes the additional legislative authority required by Ordinance No. 714-17 to exercise this option.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1506-2019 December 13, 2019 The City Record 96

Ordinance No. 1507-2019

Council Members: Conwell, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with GlenVillage, LLC, or its designee, to provide economic development assistance to assist with general operating expenses of the GlenVillage incubator at Glenville Circle North.

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 GlenVillage, LLC, or its designee, to provide economic development assistance to assist with general operating expenses of the GlenVillage incubator at Glenville Circle North.

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 $375,000 and shall be paid from Fund No. 10 SF 501. (RQS 9501, RL 2019-126)

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1507-2019 December 13, 2019 The City Record 97

Ordinance No. 1508-2019

Council Members: Griffin, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into contract with First Interstate Properties LTD., or its designee, to provide economic development assistance to support the development of the 121 Larchmere Project and other associated costs necessary to redevelop the property.

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 a loan agreement under the Vacant Property Initiative with First Interstate Properties LTD., or its designee, to provide economic development assistance to support the development of the 121 Larchmere Project and other associated costs necessary to redevelop the property.

Section 2. That the terms of the loan shall be according to the terms set forth in the Summary contained in File No. 1508-2019-A, made a part of this ordinance as if fully rewritten, as presented to the Finance Committee of this Council at the public hearing on this legislation, and are approved in all respects and shall not be changed without additional legislative authority.

Section 3. That the costs of any funding under this ordinance shall not exceed $430,000, and shall be paid from Fund No 17 SF 008. (RQS 9501, RL 2019-118)

Section 4. That the Director of Economic Development is authorized to accept such collateral as the director determines is sufficient in order to secure repayment of the loan.

Section 5. That the Director of Economic Development is authorized to accept monies in repayment of the loan and to deposit the monies in Fund No. 17 SF 006.

Section 6. That the Director of Economic Development is authorized to charge and accept fees in an amount not to exceed the maximum allowable fees under federal regulations and the fees are appropriated to cover costs incurred in the preparation of the loan application, closing and servicing of the loan. The fees shall be deposited to and expended from Fund No. 17 SF 305, Loan Fees Fund.

Section 7. That the contract and other appropriate documents needed to complete the transaction authorized by this legislation shall be prepared by the Director of Law.

Adopted Resolutions and Passed Ordinances Ord. No. 1508-2019 December 13, 2019 The City Record 98

Section 8. The contract authorized in this legislation will require the recipients of financial assistance to work with, and/or cause their tenants to work with, The Workforce Investment Board for Workforce Area No. 3 to identify and solicit qualified candidates for job opportunities related to the City’s contracts, and place special emphasis on the hard to employ, including but not limited to the disabled and persons who have been convicted of or have pled guilty to a criminal offense, unless the criminal conviction or related circumstances relate to the duties for the particular job sought.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1508-2019 December 13, 2019 The City Record 99

Ordinance No. 1509-2019

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance to pay as Moral Claims the sums opposite the names of the claimants.

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 Finance is authorized to pay as Moral Claims the sums opposite the names of the following claimants and charged against the fund numbers opposite the names of the claimants:

MORAL CLAIMS COMMISSION MORAL CLAIM MEETING ON NOVEMBER 19, 2019 APPROVED PAYMENTS

Claimant: Claim No. Amount Division Fund

DEPARTMENT OF PUBLIC SAFETY

Kawental, Francine 12631 $250.00 Fire 01-600300-672000

Torres, Nicole 12633 $646.71 Fire 01-600300-672000

Collins Equipment 12639 $1,000.00 Fire 01-600300-672000 Corp.

Wolf, Pauline M. 12645 $500.00 Fire 01-600300-672000

Roche’, Freddy 12640 $500.00 Police 01-600200-672000

Dukes, Gina 12643 $250.00 Police 01-600200-672000

DEPARTMENT OF PUBLIC WORKS

Allen, Bascom I., Jr. 12632 $1,500.00 Urban Forestry 01-701204-672000

Love, MiJanae 12642 $250.00 Urban Forestry 01-701204-672000

DEPARTMENT OF PUBLIC UTILITIES

Sosensko, Scott 7546 $5,500.00 Water 52 SF 001

Adopted Resolutions and Passed Ordinances Ord. No. 1509-2019 December 13, 2019 The City Record 100

Section 2. That the authority of the Director of Finance to pay the amounts in this ordinance is conditioned on a City-approved written acceptance by the claimant of the City’s offer to pay this claim within six months from the effective date of this ordinance.

Section 3. 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1509-2019 December 13, 2019 The City Record 101

Ordinance No. 1510-2019

Council Member: Kelley (by departmental request)

An emergency ordinance to amend Sections 443.011, 443.05, and 443.23, of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, to repeal Section 443.15, as amended by Ordinance No. 2358-A- 80, passed May 11, 1981; and to supplement the codified ordinances by enacting new Section 443.024, relating to taxicabs.

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 following:

Sections 443.011 and 443.05, as amended by Ordinance No. 598-13, passed May 20, 2013, and

Section 443.23, as amended by Ordinance No. 1684-76, passed June 29, 1976, are amended to read as follows:

Section 443.011 Definitions

As used in this chapter, certain terms are defined as follows:

(a) "Association" means a society, whether incorporated or not, organized for the purpose of benefitting a group of not less than fifteen (15) owners of public hacks by providing for its members, dispatching services, a uniform and distinctive color scheme, and collection and maintenance of operating records.

(b) "Company" means any person, partnership or corporation owning fifteen (15) or more public hacks having a uniform distinctive color scheme.

(c) "Driver" means the person in actual physical control of a public hack.

(d) "Independent operator" means any owner to whom either of the following applies:

(1) Is the owner of less than fifteen (15) public hacks;

(2) Does not provide his or her own dispatching services.

Adopted Resolutions and Passed Ordinances Ord. No. 1510-2019 December 13, 2019 The City Record 102

(e) "Owner" means any natural person, partnership or corporation having legal or equitable title to a public hack and includes lessors.

(f) "Public hack" or "Hack" means any vehicle whose owner or driver secures or accepts passengers for hire on the public streets, or in public or quasi-public places, including, but not limited to, hotels as defined by Section 363.08, and excepting carriages as defined in division (a) of Section 447.01 and vehicles operated by the Cleveland Regional Transit Authority.

Section 443.05 Inspection Prior to Licensing Vehicles; Fee

(a) No license shall be granted for a vehicle over four (4) years old, except that an existing license for a vehicle not more than seven (7) years old may be renewed if the Commissioner of Assessments and Licenses determines, after careful inspection of the vehicle, that it is in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance, and well painted. For purposes of this section, the age of the vehicle shall be determined by comparing the calendar year in which the application for license is being considered to the model year of the vehicle.

(b) When licenses or renewals of existing licenses are issued for any public hacks which may have been disabled, disqualified, sold or may otherwise not be available at the time of the granting of such licenses, no such vehicle which may thereafter be acquired for use in connection with any such licenses shall be placed in operation until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted. The Commissioner of Assessments and Licenses shall thereafter make inspections of such vehicles at least semiannually and may make inspections more frequently at his or her discretion.

(c) The Commissioner shall refuse to permit the operation of any vehicle found by him or her to be unfit or unsuited for public patronage or to which a taximeter or acceptable radio receiver and transmitter is not affixed. He or she shall examine any taximeter attached to any public hack and see that the same is accurate before permitting the use thereof upon any public hack which may be placed in operation. The Commissioner is authorized and empowered to establish reasonable rules and regulations for the inspection of public hacks and their appurtenances, construction and condition of fitness.

(d) The Commissioner is authorized to charge and collect an inspection fee of fifty dollars ($50.00) per hour, or any portion thereof, for any inspection performed under this section.

Adopted Resolutions and Passed Ordinances Ord. No. 1510-2019 December 13, 2019 The City Record 103

Section 443.23 Use of Taxicab Stands and Call Stations

(a) Only public hacks shall remain at the taxicab stand while waiting for employment and only in single file pointed in accordance with the traffic regulations. No public hack shall refuse to carry any orderly person applying for a hack who agrees to pay the right rate of fare, but any orderly person may select any hack at the stand whether it is at the head of the line or not. As the hack leaves the line with passengers those behind shall move up, and any public hack seeking a place on the stand shall approach the same only from the rear of the stand and shall stop as near as possible to the last cab already on the line. No public hack shall stand within five (5) feet of any crosswalk.

(b) The Commissioner of Assessments and Licenses may establish call stations at locations which have been surveyed and approved by the Commissioner of Traffic Engineering and Parking with respect to operation without unreasonable interference to traffic.

The permit of a call station shall specify the company or individual operating the same, and allow the driver employed by them to stop at and call up from such station for the purpose of answering or receiving orders. Not more than two (2) public hacks shall be parked at the designated point at the same time. The Commissioner of Assessments and Licenses shall maintain a list of call stations and their locations, and regulate their operation by issuance of such regulations as will become necessary.

(c) No public hack shall occupy a public stand unless a permit has been issued by the Commissioner of Assessments and Licenses. Application for permits to occupy a public stand shall be made in writing to the Commissioner by the owner of public hack. The form of the application shall be prescribed by the Commissioner. No vehicle other than a licensed public hack shall stop on any public stand or call station, except while receiving or discharging passengers.

(d) The Commissioner of Traffic Engineering and Parking shall designate public stands by permanent signs set at the curb boundaries, which signs shall bear the legend that it is a stand reserved for public licensees only. The Commissioner of Assessments and Licenses shall suspend or revoke the license of any public hack driver who stands in front of the entrance of any building, within the prohibited space, after his or her passengers desiring to leave the cab have alighted, or who attempts to stand in such prohibited space waiting for passengers, or who violates any of the other provisions of this section.

Section 2. That the following existing:

Sections 443.011 and 443.05, as amended by Ordinance No. 598-13, passed May 20, 2013, and

Section 443.23, as amended by Ordinance No. 1684-76, passed June 29, 1976,

Adopted Resolutions and Passed Ordinances Ord. No. 1510-2019 December 13, 2019 The City Record 104

are repealed.

Section 3. That Section 443.15, as amended by Ordinance No. 2358-A-80, passed May 11, 1981, relating to Driver’s Photograph and Fingerprints, is repealed.

Section 4. That the Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Section 443.024 to read as follows:

Section 443.024 Prohibited Uses on Roof Tops by Non-Licensed Hacks

No owner or driver of a public hack, not licensed in accordance with the provisions of this Chapter, shall operate, or permit to be operated, the vehicle with a cab roof sign or top containing the terms “taxi”, “taxicab”, “cab”, “hack”, or “public hack”.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1510-2019 December 13, 2019 The City Record 105

Ordinance No. 1511-2019

Council Member: Kelley (by departmental request)

An emergency ordinance to supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting new Section 127.13 relating to publication of legal notices.

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 Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Section 127.13 to read as follows:

Section 127.13 Publication of Legal Notices

The Director of Finance is authorized to purchase legal notifications required by law to be published by the City in newspapers of general circulation that exceed fifty thousand dollars ($50,000.00).

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1511-2019 December 13, 2019 The City Record 106

Ordinance No. 1513-2019

Council Member: Kelley

An emergency ordinance exempting retail establishments in the City of Cleveland from Cuyahoga County’s Disposable Bag Ban, Chapter 1304 of the Cuyahoga County Code, and establishing a working group to study and recommend to this Council the most effective way to eliminate retail use of disposable bags by July 1, 2020.

WHEREAS, the Cuyahoga County Council has enacted Chapter 1304 of the Cuyahoga County Code which prohibits the use of disposable plastic bags and non-permitted paper bags by retail establishments in Cuyahoga County beginning on January 1, 2020; and

WHEREAS, this Council is in the best position to understand the needs of retail establishments located in Cleveland, including the financial burdens and economic factors that can challenge these establishments; moreover, this Council best understands the needs of Cleveland residents and the people who patronize Cleveland retail establishments; and

WHEREAS, this Council intends to exempt Cleveland retail establishments from Chapter 1304 of the Cuyahoga County Code; and

WHEREAS, this Council intends to establish a working group to study and recommend the most effective way to eliminate retail use of disposable bags in the City by July 1, 2020; and

WHEREAS, upon such recommendation, Council will create the City’s own regulations to end the use of disposable bags by retail establishments in the City of Cleveland; and

WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public peace, property, health or safety in that it is in the best interests of City of Cleveland retail establishments and their customers to exempt Cleveland retail establishments from the County-wide disposable bag ban and judiciously examine the best way to eliminate the use of disposable bags by retail establishments in the City; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That, for the reasons stated in the preamble of this ordinance, retail establishments located in the City of Cleveland are exempt from Cuyahoga County’s Disposable Bag Ban, Chapter 1304 of the Cuyahoga County Code.

Section 2. That a working group is established for the purpose of studying and recommending to the Council, by July 1, 2020, the most effective way to eliminate the

Adopted Resolutions and Passed Ordinances Ord. No. 1513-2019 December 13, 2019 The City Record 107 use of disposable bags by retail establishments located in the City of Cleveland. The working group shall consist of representatives from the City Administration, City Council, Cleveland retailers and Cleveland residents.

Section 3. That, as used in this ordinance, the following words shall have the following meanings:

(a) “Retail establishment” means any supermarket, convenience store, department store, store, shop, service station, or restaurant and any other sales outlets where a customer can buy goods or food.

(b) “Disposable plastic bag” means a bag made from either non-compostable plastic or compostable plastic provided by a retail establishment to a customer at point of sale for the purpose of transporting purchased items, but does not include bags specifically intended for multiple use.

(c) “Non-permitted paper bag” means a paper bag provided by a retail establishment to a customer at a point of sale for the purpose of transporting goods, which does not meet the standard of a “permitted paper bag.”

(d) “Permitted paper bag” means a paper bag provided by a retail establishment to a customer at the point of sale for the purpose of transporting goods, which meets both of the following requirements:

(1) the bag is manufactured from at least 40% recycled content; and

(2) the bag is 100% recyclable.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1513-2019 December 13, 2019 The City Record 108

Ordinance No. 1514-2019

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, code enforcement, greenspace, and property information.

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 Clerk of Council is authorized 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, code enforcement, greenspace, and property information, for a one-year period beginning January 1, 2020, and concluding December 31, 2020.

Section 2. That the cost of said contract shall not exceed $150,000 and shall be certified from Fund 01, Dept. 0101, Subfund 001, Object Code 6320.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1514-2019 December 13, 2019 The City Record 109

Ordinance No. 1515-2019

Council Member: Kelley

An emergency ordinance authorizing the Clerk of Council to enter into an agreement with Mita Marketing LLC for the professional services necessary to assist Cleveland City Council with communications and government relations.

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 Clerk of Council is authorized to enter into an agreement with Mita Marketing LLC for the professional services necessary to assist Cleveland City Council with communications and government relations, for a one-year period beginning January 1, 2020, and concluding December 31, 2020.

Section 2. That the cost of said contract shall not exceed $60,000 and shall be certified from Fund 01, Dept. 0101, Subfund 001, Object Code 6320.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1515-2019 December 13, 2019 The City Record 110

Ordinance No. 1516-2019

Council Member: Kelley

An emergency ordinance authorizing the Council President to enter into an agreement with Cobalt Group, Inc. to provide professional and project management services for the Clerk of Council.

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 Council President is authorized to enter into an agreement with Cobalt Group, Inc. (“Consultant”) to provide professional and project management services for the Clerk of Council, including the services set forth in Consultant’s Statement of Work, as directed by the Clerk of Council or her designee. This agreement shall be entered into as of January 1, 2020, and shall be for a term of one year, concluding December 31, 2020. The agreement shall be certified in an amount not to exceed $66,000.00 from fund 01, dept. 0101, subfund 001, and object code 6320.

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 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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1516-2019 December 13, 2019 The City Record 111

Ordinance No. 1517-2019

Council Member: Kelley (by departmental request)

An emergency ordinance to make additional appropriations of Fifty-Four Million Four Hundred Twenty-Nine Thousand Eighty-Nine ($54,429,089) to the General Fund, One Million Eight Hundred Ninety Thousand ($1,890,000) to the Special Revenue Fund, Eight Hundred Fifty Thousand ($850,000) to the Internal Service Fund and Nine Hundred Twenty-Five Thousand ($925,000) to the Enterprise Fund.

WHEREAS, there remains an unappropriated balance in the various funds, the sum of Fifty-Eight Million Ninety-Four Thousand Eighty-Nine ($58,094,089) 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 54,429,089 SPECIAL REVENUE FUND 1,890,000 INTERNAL SERVICE FUND 850,000 ENTERPRISE FUND 925,000 TOTAL ALL FUNDS 58,094,089

GENERAL FUND

DEPARTMENT OF LAW

Department of Law 1,820,000 II Other Expenses 1,820,000

TOTAL DEPARTMENT OF LAW 1,820,000

NONDEPARTMENTAL

Transfers to Other Funds 52,609,089 II Other Expenses 52,609,089

TOTAL NONDEPARTMENTAL 52,609,089

Adopted Resolutions and Passed Ordinances Ord. No. 1517-2019 December 13, 2019 The City Record 112

TOTAL GENERAL FUND 54,429,089

SPECIAL REVENUE FUND

DEPARTMENT OF PUBLIC WORKS

Street Construction, Maintenance and Repair 1,400,000 I Personnel and Related Expenses 700,000 II Other Expenses 700,000

Division of and Stadium-Stadium 490,000 II Other Expenses 490,000

TOTAL DEPARTMENT OF PUBLIC WORKS 1,890,000

TOTAL SPECIAL REVENUE FUND 1,890,000

INTERNAL SERVICE FUND

DEPARTMENT OF PUBLIC WORKS

Motor Vehicle Maintenance 850,000 I Personnel and Related Expenses 100,000 II Other Expenses 750,000

TOTAL DEPARTMENT OF PUBLIC WORKS 850,000

TOTAL INTERNAL SERVICE FUND 850,000

ENTERPRISE FUND

DEPARTMENT OF PUBLIC WORKS

Cemeteries 70,000 I Personnel and Related Expenses 30,000 II Other Expenses 40,000

Off Street Parking 750,000 II Other Expenses 750,000

Public Auditorium 105,000 I Personnel and Related Expenses 5,000 II Other Expenses 100,000

Adopted Resolutions and Passed Ordinances Ord. No. 1517-2019 December 13, 2019 The City Record 113

TOTAL DEPARTMENT OF PUBLIC WORKS 925,000

TOTAL ENTERPRISE FUND 925,000

TOTAL ALL FUNDS 58,094,089

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1517-2019 December 13, 2019 The City Record 114

Ordinance No. 1518-2019

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 Eighteen Million Nine Hundred Twenty-Five Thousand ($18,925,000) and Forty Thousand ($40,000) 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 Eighteen Million Nine Hundred Twenty-Five Thousand ($18,925,000) and Forty Thousand ($40,000) within the Internal Service Fund. as follows:

Transfer Transfer To From GENERAL FUND

GENERAL GOVERNMENT

Municipal Court - Judicial Division I Personnel and Related Expenses $ 2,000,000 II Other Expenses 200,000 -

Municipal Court - Clerks Division I Personnel and Related Expenses - 400,000

Office of the Mayor I Personnel and Related Expenses - 1,150,000

Office of Capital Projects I Personnel and Related Expenses - 650,000

Office of Quality Control and Performance Management I Personnel and Related Expenses - 300,000

Adopted Resolutions and Passed Ordinances Ord. No. 1518-2019 December 13, 2019 The City Record 115

Civil Service Commission I Personnel and Related Expenses - 150,000

Community Relations Board I Personnel and Related Expenses - 125,000

City Planning Commission I Personnel and Related Expenses - 350,000 II Other Expenses 125,000

Office of Sustainability II Other Expenses - 100,000

Office of Budget and Management I Personnel and Related Expenses - 100,000

TOTAL GENERAL GOVERNMENT 200,000 5,450,000

DEPARTMENT OF AGING

Department of Aging II Other Expenses 25,000 -

TOTAL DEPARTMENT OF AGING 25,000 -

DEPARTMENT OF HUMAN RESOURCES

Department of Human Resources I Personnel and Related Expenses - 150,000

TOTAL DEPARTMENT OF HUMAN RESOURCES - 150,000

DEPARTMENT OF LAW

Department of Law I Personnel and Related Expenses - 650,000 II Other Expenses 3,680,000 -

TOTAL DEPARTMENT OF LAW 3,680,000 650,000

DEPARTMENT OF FINANCE

Adopted Resolutions and Passed Ordinances Ord. No. 1518-2019 December 13, 2019 The City Record 116

Finance Administration I Personnel and Related Expenses - 175,000 II Other Expenses 25,000 -

Division of Assessments and Licenses I Personnel and Related Expenses - 550,000 II Other Expenses - 500,000

Division of Treasury I Personnel and Related Expenses - 100,000

Bureau of Internal Audit I Personnel and Related Expenses - 125,000 II Other Expenses - 400,000

Division of Financial Reporting and Control I Personnel and Related Expenses - 300,000 II Other Expenses 5,000 -

Division of Information Systems Services I Personnel and Related Expenses - 300,000

TOTAL DEPARTMENT OF FINANCE 30,000 2,450,000

DEPARTMENT OF PUBLIC HEALTH

Division of Health I Personnel and Related Expenses - 250,000

Division of the Environment I Personnel and Related Expenses - 100,000

Division of Air Quality I Personnel and Related Expenses - 100,000

TOTAL DEPARTMENT OF PUBLIC HEALTH - 450,000

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration I Personnel and Related Expenses - 100,000 II Other Expenses - 300,000

Adopted Resolutions and Passed Ordinances Ord. No. 1518-2019 December 13, 2019 The City Record 117

Division of Police I Personnel and Related Expenses 3,000,000 - II Other Expenses 450,000

Division of Fire I Personnel and Related Expenses - 750,000 II Other Expenses 250,000 -

Division of Emergency Medical Services I Personnel and Related Expenses - 3,000,000 II Other Expenses 225,000 -

Division of Animal Care and Control II Other Expenses 175,000 -

Division of Correction I Personnel and Related Expenses - 125,000 II Other Expenses - 2,500,000

Police Review Board I Personnel and Related Expenses 10,000 -

Community Police Commission II Other Expenses - 175,000

Police Inspector General I Personnel and Related Expenses - 125,000

Department of Justice I Personnel and Related Expenses - 500,000 II Other Expenses - 200,000

TOTAL DEPARTMENT OF PUBLIC SAFETY 4,110,000 7,775,000 DEPARTMENT OF PUBLIC WORKS

Public Works Administration I Personnel and Related Expenses - 100,000

Division of Recreation I Personnel and Related Expenses - 275,000

Parking Facilities-On Street II Other Expenses 25,000 -

Division of Property Management

Adopted Resolutions and Passed Ordinances Ord. No. 1518-2019 December 13, 2019 The City Record 118

I Personnel and Related Expenses 100,000 - II Other Expenses - 100,000

Division of Park Maintenance and Properties I Personnel and Related Expenses 300,000 - II Other Expenses 500,000 -

Division of Waste Collection I Personnel and Related Expenses - 400,000 II Other Expenses 1,500,000 -

Division of Traffic Engineering II Other Expenses - 50,000

TOTAL DEPARTMENT OF PUBLIC WORKS 2,425,000 925,000

DEPARTMENT OF COMMUNITY DEVELOPMENT

Department of Community Development Director's Office I Personnel and Related Expenses - 250,000 II Other Expenses 5,000 -

TOTAL DEPARTMENT OF COMMUNITY DEVELOPMENT 5,000 250,000

DEPARTMENT OF BUILDING AND HOUSING Building and Housing Director's Office II Other Expenses 250,000 -

Division of Code Enforcement I Personnel and Related Expenses - 425,000

Division of Construction Permitting I Personnel and Related Expenses - 250,000

TOTAL DEPARTMENT OF BUILDING AND HOUSING 250,000 675,000

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development I Personnel and Related Expenses - 150,000

Adopted Resolutions and Passed Ordinances Ord. No. 1518-2019 December 13, 2019 The City Record 119

TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT - 150,000

NONDEPARTMENTAL

Other Administrative II Other Expenses 8,200,000 -

TOTAL NONDEPARTMENTAL 8,200,000 -

TOTAL GENERAL FUND 18,925,000 18,925,000

INTERNAL SERVICE FUNDS

DEPARTMENT OF FINANCE

Information Systems Services-Telephone Exchange I Personnel and Related Expenses - 40,000 II Other Expenses 40,000 -

TOTAL DEPARTMENT OF FINANCE 40,000 40,000

TOTAL INTERNAL SERVICE FUNDS 40,000 40,000

TOTAL ALL FUNDS 18,965,000 18,965,000

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1518-2019 December 13, 2019 The City Record 120

Ordinance No. 1519-2019

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, 2020, until the effective date of the annual appropriation ordinance for the fiscal year ending December 31, 2020.

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, 2020, until the effective date of the Annual Appropriation Ordinance for the fiscal year ending December 31, 2020, there be and there is hereby appropriated for the period from January 1, 2020 until the effective date of the Annual Appropriation Seven Hundred Eleven Million, Five Hundred Eighty-One Thousand, Nine Hundred Ninety ($711,581,990) 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 $2,920,777 Judicial Branch $15,327,940 Executive Branch General Government $8,111,055 Department of Aging $528,103 Department of Human Resources $2,167,783 Department of Community Development $800,579 Department of Law $4,746,140 Department of Finance $7,168,083 Department of Public Health $4,774,532 Department of Public Safety $110,373,550 Department of Public Works $29,000,571 Department of Building and Housing $4,164,656 Department of Economic Development $576,370 Nondepartmental $25,056,097

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 121

Total Executive Branch $197,467,519 TOTAL GENERAL FUND $215,716,236 Special Revenue Funds $79,137,203 Internal Service Funds $59,307,059 Enterprise Funds $322,030,214 Agency Funds $4,079,938 Debt Service Funds $31,311,340 TOTAL APPROPRIATIONS FOR 2020 $711,581,990

GENERAL FUND

LEGISLATIVE BRANCH

Council and Clerk of Council $2,920,777 I Personnel and Related Expenses $ 1,556,790 II Other Expenses 1,363,987

TOTAL LEGISLATIVE BRANCH $2,920,777

JUDICIAL BRANCH

Municipal Court - Judicial Division $9,896,267 I Personnel and Related Expenses $ 6,105,164 II Other Expenses 3,791,103

Municipal Court - Clerk's Division $4,003,590 I Personnel and Related Expenses $ 3,112,877 II Other Expenses 890,713

Municipal Court - Housing Division $1,428,083 I Personnel and Related Expenses $ 1,298,573 II Other Expenses 129,510

TOTAL JUDICIAL BRANCH $15,327,940

EXECUTIVE BRANCH

GENERAL GOVERNMENT

Office of the Mayor $834,630

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 122

I Personnel and Related Expenses $ 786,076 II Other Expenses 48,554

Office of Capital Projects $2,002,306 I Personnel and Related Expenses $ 1,734,157 II Other Expenses 268,149

Office of Quality Control & Performance Management $353,807 I Personnel and Related Expenses $ 294,685 II Other Expenses 59,122

Landmarks Commission $60,858 I Personnel and Related Expenses $ 56,046 II Other Expenses 4,812

Board of Building Standards and Appeals $46,670 I Personnel and Related Expenses $ 36,246 II Other Expenses 10,424

Board of Zoning Appeals $67,387 I Personnel and Related Expenses $ 57,954 II Other Expenses 9,433 Civil Service Commission $494,043 I Personnel and Related Expenses $ 215,905 II Other Expenses 278,138

Community Relations Board $868,799 I Personnel and Related Expenses $ 516,599 II Other Expenses 352,200

City Planning Commission $824,709 I Personnel and Related Expenses $ 561,989 II Other Expenses 262,720

Boxing and Wrestling Commission $7,665 I Personnel and Related Expenses $ 7,665

Office of Sustainability $361,264 I Personnel and Related Expenses $ 199,906 II Other Expenses 161,358

Office of Equal Opportunity $276,925

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 123

I Personnel and Related Expenses $ 217,488 II Other Expenses 59,437

Office of Prevention, Intervention and Opportunity $1,661,980 I Personnel and Related Expenses $ 355,315 II Other Expenses 1,306,665

Office of Budget & Management $250,012 I Personnel and Related Expenses $ 233,644 II Other Expenses 16,368

TOTAL GENERAL GOVERNMENT $8,111,055

DEPARTMENT OF AGING

Department of Aging $528,103 I Personnel and Related Expenses $ 387,836 II Other Expenses 140,267

TOTAL DEPARTMENT OF AGING $528,103

DEPARTMENT OF HUMAN RESOURCES

Department of Human Resources $2,167,783 I Personnel and Related Expenses $ 524,135 II Other Expenses 1,643,648

TOTAL DEPARTMENT OF HUMAN RESOURCES $2,167,783

DEPARTMENT OF COMMUNITY DEVELOPMENT

Department of Community Development Director’s Office $800,579 I Personnel and Related Expenses $ 187,781 II Other Expenses 612,798

TOTAL DEPARTMENT OF COMMUNITY DEVELOPMENT $800,579 DEPARTMENT OF LAW

Division of Law $4,746,140 I Personnel and Related Expenses $ 2,207,504 II Other Expenses 2,538,636

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 124

TOTAL DEPARTMENT OF LAW $4,746,140

DEPARTMENT OF FINANCE

Finance Administration $466,752 I Personnel and Related Expenses $ 318,838 II Other Expenses 147,914

Division of Accounts $732,397 I Personnel and Related Expenses $ 378,638 II Other Expenses 353,759

Division of Assessments and Licenses $1,759,184 I Personnel and Related Expenses $ 1,109,693 II Other Expenses 649,491

Division of Treasury $289,742 I Personnel and Related Expenses $ 220,386 II Other Expenses 69,356

Division of Purchases and Supplies $229,430 I Personnel and Related Expenses $ 214,659 II Other Expenses 14,771

Bureau of Internal Audit $497,707 I Personnel and Related Expenses $ 219,065 II Other Expenses 278,642

Division of Financial Reporting and Control $440,494 I Personnel and Related Expenses $ 428,117 II Other Expenses 12,377

Information Systems Services $2,752,377 I Personnel and Related Expenses $ 906,308 II Other Expenses 1,846,069

TOTAL DEPARTMENT OF FINANCE $7,168,083

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration $1,112,333 I Personnel and Related Expenses $ 338,430

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 125

II Other Expenses 773,903

Division of Health $2,337,075 I Personnel and Related Expenses $ 763,177 II Other Expenses 1,573,898 Division of Environment $900,129 I Personnel and Related Expenses $ 493,122 II Other Expenses 407,007

Division of Air Quality $424,995 I Personnel and Related Expenses $ 162,865 II Other Expenses 262,130

TOTAL DEPARTMENT OF PUBLIC HEALTH $4,774,532

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $2,501,156 I Personnel and Related Expenses $ 1,128,764 II Other Expenses 1,372,392

Division of Police $62,650,247 I Personnel and Related Expenses $ 56,976,330 II Other Expenses 5,673,917

Division of Fire $27,455,023 I Personnel and Related Expenses $ 25,547,704 II Other Expenses 1,907,319

Division of Emergency Medical Services $11,146,547 I Personnel and Related Expenses $ 9,345,893 II Other Expenses 1,800,654

Division of Animal Control Services $998,217 I Personnel and Related Expenses $ 668,152 II Other Expenses 330,065

Division of Correction $3,270,954 I Personnel and Related Expenses $ 48,394 II Other Expenses 3,222,560

Office of Professional Standards $408,726 I Personnel and Related Expenses $ 373,318

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 126

II Other Expenses 35,408

Police Review Board $49,928 I Personnel and Related Expenses $ 45,068 II Other Expenses 4,860

Community Police Commission $246,631 I Personnel and Related Expenses $ 108,841 II Other Expenses 137,790

Police Inspector General $82,050 I Personnel and Related Expenses $ 72,690 II Other Expenses 9,360

Department of Justice $1,564,071 I Personnel and Related Expenses $ 538,939 II Other Expenses 1,025,132

TOTAL DEPARTMENT OF PUBLIC SAFETY $110,373,550 DEPARTMENT OF PUBLIC WORKS

Division of Public Works Administration $969,299 I Personnel and Related Expenses $ 886,498 II Other Expenses 82,801

Division of Recreation $5,837,854 I Personnel and Related Expenses $ 2,878,513 II Other Expenses 2,959,341

Division of Parking Facilities-On Street $375,694 I Personnel and Related Expenses $ 345,472 II Other Expenses 30,222

Division of Property Management $2,741,409 I Personnel and Related Expenses $ 1,683,757 II Other Expenses 1,057,652

Division of Park Maintenance and Properties $7,188,264 I Personnel and Related Expenses $ 2,896,738 II Other Expenses 4,291,526

Division of Waste $10,554,474 I Personnel and Related Expenses $ 4,633,001 II Other Expenses 5,921,473

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 127

Division of Traffic Engineering $1,333,577 I Personnel and Related Expenses $ 856,807 II Other Expenses 476,770

TOTAL DEPARTMENT OF PUBLIC WORKS $29,000,571

DEPARTMENT OF BUILDING AND HOUSING

Building and Housing Dir Office $1,111,967 I Personnel and Related Expenses $ 710,107 II Other Expenses 401,860

Division of Code Enforcement $2,541,325 I Personnel and Related Expenses $ 2,396,026 II Other Expenses 145,299

Division of Construction Permit $511,364 I Personnel and Related Expenses $ 494,927 II Other Expenses 16,437

TOTAL DEPART. OF BUILDING AND HOUSING $4,164,656

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $576,370 I Personnel and Related Expenses $ 568,897 II Other Expenses 7,473

TOTAL DEPART. OF ECONOMIC DEVELOPMENT $576,370 NONDEPARTMENTAL

County Auditor Deductions $1,350,000 II Other Expenses $ 1,350,000

Other Administrative $7,897,987 II Other Expenses $ 7,897,987

Transfers to Other Funds $15,808,110

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 128

II Other Expenses $ 15,808,110

TOTAL NONDEPARTMENTAL $25,056,097

TOTAL EXECUTIVE BRANCH $197,467,519

TOTAL GENERAL FUND $215,716,236

SPECIAL REVENUE FUND

Restricted Income Tax Fund $54,570,820 II Other Expenses $ 54,570,820

Street Construction, Maintenance & Repair Fund $19,160,258 I Personnel and Related Expenses $ 6,402,608 II Other Expenses 12,757,650

Division of Public Auditorium & Stadium- Stadium $5,406,125 II Other Expenses $ 5,406,125

TOTAL SPECIAL REVENUE FUNDS $79,137,203

INTERNAL SERVICE FUND

Sinking Fund Commission $310,874 I Personnel and Related Expenses $ 58,686 II Other Expenses 252,188

Information Systems Services-Telephone Exchange $4,301,163 I Personnel and Related Expenses $ 427,581 II Other Expenses 3,873,582

Health Self Insurance $36,684,612 II Other Expenses $ 36,684,612

Prescription Self Insurance $7,387,424

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 129

II Other Expenses $ 7,387,424

Division of Motor Vehicle Maintenance $7,786,920 I Personnel and Related Expenses $ 1,804,282 II Other Expenses 5,982,638 Division of Printing and Reproduction $1,033,104 I Personnel and Related Expenses $ 310,589 II Other Expenses 722,515

City Storeroom and Central Warehouse $225,684 I Personnel and Related Expenses $ 37,604 II Other Expenses 188,080

Radio $1,577,278 I Personnel and Related Expenses $ 199,798 II Other Expenses 1,377,480

TOTAL INTERNAL SERVICE FUNDS $59,307,059

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $2,208,652 I Personnel and Related Expenses $ 1,635,399 II Other Expenses 573,253

Division of Fiscal Control $2,469,157 I Personnel and Related Expenses $ 1,813,459 II Other Expenses 655,698

Division of Water $132,296,116 I Personnel and Related Expenses $ 24,959,602 II Other Expenses 107,336,514

Division of Water Pollution Control $13,785,584 I Personnel and Related Expenses $ 3,127,335 II Other Expenses 10,658,249

Division of Cleveland Public Power $87,841,412

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 130

I Personnel and Related Expenses $ 7,642,812 II Other Expenses 80,198,600

TOTAL DEPARTMENT OF PUBLIC UTILITIES $238,600,921

DEPARTMENT OF PORT CONTROL

Divisions of Cleveland Hopkins & Burke Lakefront Airports - Operations $73,885,925 I Personnel and Related Expenses $ 9,962,369 II Other Expenses 63,923,556

TOTAL DEPARTMENT OF PORT CONTROL $73,885,925

DEPARTMENT OF PUBLIC WORKS

Division of Cemeteries $699,781 I Personnel and Related Expenses $ 372,691 II Other Expenses 327,090

Golf Course Fund $1,309,579 II Other Expenses 1,309,579

Division of Parking Facilities-Off Street Parking $5,500,038 I Personnel and Related Expenses $ 413,204 II Other Expenses 5,086,834

Division of Public Auditorium $1,026,705 I Personnel and Related Expenses $ 430,606 II Other Expenses 596,099

Division of Public Auditorium & Stadium- $1,007,265 I Personnel and Related Expenses $ 151,879 II Other Expenses 855,386

TOTAL DEPARTMENT OF PUBLIC WORKS $9,543,368

TOTAL ENTERPRISE FUNDS $322,030,214

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 131

AGENCY FUND

Central Collection Agency $4,079,938 I Personnel and Related Expenses $ 2,341,614 II Other Expenses 1,738,324

TOTAL AGENCY FUND $4,079,938

DEBT SERVICE FUND

Sinking Fund Commission $31,311,340 III Debt Service $ 31,311,340

TOTAL DEBT SERVICE FUNDS $31,311,340

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, 2020, 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, 2020.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1519-2019 December 13, 2019 The City Record 132

Ordinance No. 1520-2019

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 Spirit of Cleveland, Inc., or its designee, to provide economic development assistance to partially sponsor the 2019 Blockland Solutions Conference being held in the City of Cleveland.

WHEREAS, the Blockland Solutions Conference will explore real-world application of blockchain technologies in an effort to build integration and strengthen the technology ecosystem; and

WHEREAS, the 2019 Blockland Solutions Conference is being held in the City of Cleveland in December 2019; and

WHEREAS, the City of Cleveland wishes to support the 2019 Blockland Solutions Conference by contributing $50,000 to partially sponsor the conference; 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 Economic Development is authorized to enter into a grant agreement with the Spirit of Cleveland, Inc., or its designee, to provide economic development assistance to partially sponsor the 2019 Blockland Solutions Conference being held in the City of Cleveland in December 2019, in an amount not to exceed $50,000. The agreement shall provide, among other things, that the City will be acknowledged as a Platinum Sponsor.

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 $50,000 and shall be paid from Fund No. 10 SF 501, Request No. RQS 9501, RL 2019-109.

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.

Passed December 2, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1520-2019 December 13, 2019 The City Record 133

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1520-2019 December 13, 2019 The City Record 134

Ordinance No. 1521-2019

Council Members: Johnson and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Works to enter into one or more contracts without competitive bidding with Jack Doheny Companies, Inc. to purchase one used 2016 Pelican Sweeper, including associated appurtenances, for the Division of Motor Vehicle Maintenance, Department of Public Works.

WHEREAS, while leasing the 2016 Pelican Sweeper from Jack Doheny Companies, Inc. the sweeper was involved in an accident by one of our City drivers; and

WHEREAS, under the lease, the cost of repairs is greater than the purchase; 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 this Council determines that the within commodities are non- competitive and cannot be secured from any source other than Jack Doheny Companies, Inc. Therefore the Director of Public Works is authorized to make one or more written contracts with Jack Doheny Companies, Inc. for the purchase of a 2016 Pelican Sweeper, including associated appurtenances, to be purchased by the Commissioner of Purchases and Supplies, for the Division of Motor Vehicle Maintenance, Department of Public Works.

Section 2. 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 Works 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 3. That the contract or contracts authorized shall not exceed $152,000 and shall be paid from Fund No. 01-0117-6950. (RQS 7015, RL 2019-127)

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1521-2019 December 13, 2019 The City Record 135

Ordinance No. 1522-2019

Council Members: Johnson and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Works to enter into one or more contracts without competitive bidding with the City of Lakewood, to purchase one used 2008 Crimson Fire Truck, including associated appurtenances, for the Division of Motor Vehicle Maintenance, Department of Public Works.

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 this Council determines that the within commodities are non- competitive and cannot be secured from any source other than the City of Lakewood. Therefore the Director of Public Works is authorized to make one or more written contracts with the City of Lakewood for the purchase of one used 2008 Crimson Fire Truck, including associated appurtenances, to be purchased by the Commissioner of Purchases and Supplies, for the Division of Motor Vehicle Maintenance, Department of Public Works.

Section 2. 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 Works 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 3. That the contract or contracts authorized shall not exceed $160,000 and shall be paid from Fund No. 01-0117-6950. (RQS 7015, RL 2019-120)

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1522-2019 December 13, 2019 The City Record 136

Ordinance No. 1523-2019

Council Members: Johnson and Brancatelli (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Michael A. Biro and Rebecca T. Liskay to encroach into the public right-of-way of Lynn Court by installing, using and maintaining a concrete patio and landscaping.

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 Capital Projects is authorized to issue a permit, revocable at the will of Council, to Michael A. Biro and Rebecca T. Liskay, 15700 Lydian Avenue, Cleveland, Ohio 44111 (“Permittee”), to encroach into the public right-of-way of Lynn Court by installing, using and maintaining a concrete patio and landscaping, at the following location:

“Patio Encroachment”

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of Lynn Court (25.00 feet wide) (formerly known as Rockport Avenue) in the William Dahm Subdivision of part of Original Rockport Township, Section No. 12 as shown by the recorded plat in Volume 66, Page 2 of Cuyahoga County Records, further described as follows;

Beginning at the Intersection of the Northwesterly Line of Lydian Ave. (50.00 feet wide) (formerly known as Herman Avenue) and the Southwesterly Line of said Lynn Court (25.00 feet wide), thence N 40°19'20"W along said Southwesterly Line of Lynn Court, a distance of 38.00 feet, to the Point of Beginning;

Thence N 40°19'20" W, continuing along the aforesaid Southwesterly Line of Lynn Court, a distance of 30.00 feet to a point;

Thence N 49°40'40"E, a distance of 15.00 feet, to a point;

Thence S 40°19'20"E, a distance of 30.00 feet, to a point;

Thence S 49°40'40"W, a distance of 15.00 feet, to the POINT OF BEGINNING; Said described Encroachment area containing 450 Square Feet, 0.0103 Acres, more or less.

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Adopted Resolutions and Passed Ordinances Ord. No. 1523-2019 December 13, 2019 The City Record 137

Section 2. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the Director of Law determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted.

Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans and specifications approved by the Manager of the City’s Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits.

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1523-2019 December 13, 2019 The City Record 138

Ordinance No. 1524-2019

Council Members: Zone and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to enter into one or more agreements with Case Western Reserve University for professional services necessary to continue implementation of a data collection and analysis process, for the Division of Police, Department of Public Safety, for a period of one year with one option to renew for an additional year, exercisable by the Director of Public Safety.

WHEREAS, under Ordinance No. 1261-16, passed October 24, 2016, and Resolution No. 457-16, as amended by Resolution No. 475-16, respectively adopted by the City Board of Control on November 2 and November 23, 2016, the Director of Public Safety entered into Contract No. CT 6012 PS 2017-013 with Case Western Reserve University to provide professional services necessary to implement a data collection and analysis process, for the Division of Police, Department of Public Safety, and a first modification thereto; and

WHEREAS, the department requires continuation of substantially the same services as rendered under Contract No. CT 6012 PS 2017-013, as modified, in an effort to fulfill requirements of the Settlement Agreement entered into between the City of Cleveland and the United States Department of Justice; 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 Public Safety is authorized to enter into one or more agreements with Case Western Reserve University for professional services necessary to continue implementation of a data collection and analysis process, for the Division of Police, Department of Public Safety, for a period of one year with one option to renew for an additional year, exercisable by the Director of Public Safety.

Section 2. That the agreement or agreements shall be prepared by the Director of Law.

Section 3. That the cost of the agreement or agreements shall not exceed $250,000.00 per year and shall be paid from Fund No. 01-6002-6320. (RQS 6012, RLA 2019-69)

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

Adopted Resolutions and Passed Ordinances Ord. No. 1524-2019 December 13, 2019 The City Record 139

Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1524-2019 December 13, 2019 The City Record 140

Ordinance No. 1525-2019

Council Members: Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects to employ one or more professional consultants to provide strategic services relating to the planning and execution of the off-highway vehicle and bicycle motocross park project, and other related services; and authorizing the director to apply for and accept gifts and/or grants from any public or private entity to implement the project.

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 Capital Projects is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to assist the City in areas relating to the development of an off-highway vehicle (OHV) and bicycle motocross (BMX) park to be located in the city limits, including but not limited to, providing content and direction to city staff in areas relating to programming, site selection, development of an operations plan and oversight related to design and construction of the park, and other related services, for the Office of Capital Projects. The selection of the consultant or consultants for the services shall be made by the Board of Control on the nomination of the Director of Capital Projects from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Capital Projects for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Capital Projects, and certified by the Director of Finance.

Section 2. That the Director of Capital Projects is authorized to apply for and accept any gifts or grants for this purpose from any public or private entity; and that the director is authorized to file all papers and execute all documents necessary to receive any gift or grant funds; and that the funds are appropriated for the purposes described in this ordinance.

Section 2a. That through additional authorizing legislation and prior to any construction of an OHV and BMX park, consent shall be given by the Council member representing the ward in which it is to be located, as well as by a Council member of any ward with one or more residential units within five hundred (500’) feet of such a park.

Section 3. That the cost of the contract or contracts authorized shall be paid from Fund Nos. 11 SF 006, 20 SF 552, 20 SF 558, 20 SF 561, 20 SF 565, 20 SF 572, 20 SF 577,

Adopted Resolutions and Passed Ordinances Ord. No. 1525-2019 December 13, 2019 The City Record 141

20 SF 584, 20 SF 590, and from the fund or funds to which are credited any cash gifts or grants accepted under this ordinance, and from any fund or fund approved by the Director of Finance, Request No. RQS 0103, RLA 2019-70.

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.

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1525-2019 December 13, 2019 The City Record 142

Ordinance No. 1532-2019

Council Members: Kelley, Johnson and Brancatelli (by departmental request)

An emergency ordinance authorizing the Director of the Mayor’s Office of Capital Projects to enter into a maintenance, inspection and repair agreement with, and to issue an encroachment permit to, Quintus Landlord LLC and May Garage Property LLC jointly to encroach into the public right- of-way of Street with an overhead bridge and two precast connecting portals.

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 Capital Projects is authorized to enter into a maintenance, inspection and repair agreement with and to issue an encroachment permit, revocable at the will of Council, to Quintus Landlord LLC (owner of the Higbee Building having an address at 100 Public Square) (“Higbee Building”) and May Garage Property LLC (owner of the May Company Garage at 2047 Ontario Street) (“May Co. Garage”) jointly (“Permittee”) to create, construct, install, use, maintain and replace an overhead pedestrian bridge and walkway and 2 (two) precast connecting portals encroaching onto, over and within the right-of-way of Ontario Street and related sidewalks and improvements between Prospect Avenue and Public Square as shown in certain plans and descriptions dated November 11, 2019, connecting the Higbee Building and the May Co. Garage, at the following locations:

PRECAST PORTAL ENCROACHMENT “A” MAY CO. GARAGE EAST SIDE ONTARIO STREET CITY OF CLEVELAND

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being within the right of way of Ontario Street (99 feet wide) and further known as being all that portion of the herein described premises lying below a horizontal plane of 722.67 feet U.S. Government Datum and together forming a parcel bounded and described as follows:

Beginning at the centerline intersection of Ontario Street (99 feet wide) and Prospect Avenue S.E. (82.5 feet wide) referenced by a stone with drill hole found in a monument box;

Thence N 33º19’48” W, along said centerline of Ontario Street, a distance of 24.69 feet to a point;

Adopted Resolutions and Passed Ordinances Ord. No. 1532-2019 December 13, 2019 The City Record 143

Thence N 56º40’12” E, a distance of 49.50 feet to a drill hole found (0.09’S & 0.20 E) marking the easterly line of said Ontario Street with the northerly line of said Prospect Avenue S.E.;

Thence N 33º19’48” W, along said easterly line of Ontario Street, a distance of 176.84 feet to a point, said point being the principal point of beginning of the easement herein intended to be described;

Course No. 1: Thence S 56º40’12” W, a distance of 6.00 feet to a point;

Course No. 2: Thence N 33º19’48” W, a distance of 29.83 feet to a point;

Course No. 3: Thence N 56º40’12” E, a distance of 6.00 feet to a point on said easterly line of Ontario Street; said point being 1.54 feet northerly along said easterly line of Ontario Street from the northwesterly corner of Parcel B in a Survey and Consolidation Plat for The May Department Stores Company as shown by the plat recorded in Volume 305, Page 67 of Cuyahoga County Map Records;

Course No. 4: Thence S 33º19’48” E, along said easterly line of Ontario Street. a distance of 29.83 feet to the principal point of beginning and containing 0.0041 acres of land (179 square feet), as calculated and described by John E. Jansky, Registered Surveyor No. 6440 of Garrett and Associates in November of 2019, be the same more or less, but subject to all legal highways and easements of record.

PRECAST PORTAL ENCROACHMENT “B” MAY CO. GARAGE WEST SIDE ONTARIO STREET CITY OF CLEVELAND

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being within the right of way of Ontario Street (99 feet wide) and further known as being all that portion of the herein described premises lying below a horizontal plane of 722.67 feet U.S. Government Datum and together forming a parcel bounded and described as follows:

Beginning at the centerline intersection of Ontario Street (99 feet wide) and the Bridge of Prospect Avenue N.W. (100 feet wide), as shown by the plat recorded in Volume 120, Page 37 of Cuyahoga County Map Records and referenced by a 1” iron pin found in a monument box;

Thence N 33º19’48” W, along said centerline of Ontario Street, a distance of 49.60 feet to a point;

Thence S 56º40’12” W, a distance of 49.50 feet to a drill hole found marking the westerly line of said Ontario Street with the northerly line of said Bridge of Prospect Avenue N.W.;

Adopted Resolutions and Passed Ordinances Ord. No. 1532-2019 December 13, 2019 The City Record 144

Thence N 33º19’48” W, along said westerly line of Ontario Street, a distance of 171.13 feet to a point, said point being the principal point of beginning of the easement herein intended to be described;

Course No. 1: Thence continuing N 33º19’48” W, along said westerly line of Ontario Street, a distance of 29.83 feet to a point;

Course No. 2: Thence N 56º40’12” E, a distance of 6.00 feet to a point;

Course No. 3: Thence S 33º19’48” E, a distance of 29.83 feet to a point;

Course No. 4: Thence S 56º40’12” W, a distance of 6.00 feet to the principal point of beginning and containing 0.0041 acres of land (179 square feet), as calculated and described by John E. Jansky, Registered Surveyor No. 6440 of Garrett and Associates in November of 2019, be the same more or less, but subject to all legal highways and easements of record.

OVERHEAD BRIDGE ENCROACHMENT OF RIGHT-OF-WAY OF ONTARIO STREET EASEMENT “C” CONNECTING MAY CO. GARAGE WITH THE CLEVELAND CASINO CITY OF CLEVELAND

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being within the right of way of Ontario Street (99 feet wide) and further known as being all that portion of the hereinafter described premises lying above a horizontal plane of 697.67 feet and below a horizontal plane of 722.67 feet U.S. Government Datum, together forming a parcel bounded and described as follows:

Beginning at the centerline intersection of Ontario Street (99 feet wide) and Prospect Avenue S.E. (82.5 feet wide) referenced by a stone with drill hole found in a monument box;

Thence N 33º19’48” W, along said centerline of Ontario Street, a distance of 24.69 feet to a point;

Thence N 56º40’12” E, a distance of 49.50 feet to a drill hole found (0.09’ S & 0.20 E) marking the easterly line of said Ontario Street with the northerly line of said Prospect Avenue S.E.;

Thence N 33º19’48” W, along said easterly line of Ontario Street, a distance of 179.92 feet to a point, said point being the principal point of beginning of the easement herein intended to be described;

Course No. 1: Thence S 56º40’12” W, a distance of 99.00 feet to a point on the westerly line of said Ontario Street;

Adopted Resolutions and Passed Ordinances Ord. No. 1532-2019 December 13, 2019 The City Record 145

Course No. 2: Thence N 33º19’48” W, along said westerly line of Ontario Street, a distance of 23.67 feet to a point;

Course No. 3: Thence N 56º40’12” E, a distance of 99.00 feet to a point on said easterly line of said Ontario Street, said point being 1.55 feet southerly measured along said easterly line of Ontario Street from the northwesterly corner of Parcel B in a Survey and Consolidation Plat for The May Department Stores Company as shown by the plat recorded in Volume 305, Page 67 of Cuyahoga County Map Records;

Course No. 4: Thence S 33º19’48” E, along said easterly line of Ontario Street a distance of 23.67 feet to the principal point of beginning and containing 0.0538 acres (2343 square feet), as calculated and described by John E. Jansky, Registered Surveyor No. 6440 of Garrett and Associates in November of 2019, be the same more or less, but subject to all legal highways and easements of record.

The intent of this easement is to encompass the Pedestrian Bridge between the easterly and westerly right of ways of Ontario Street.

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Section 2. That Permittee may assign the agreement or the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans and specifications first approved by the Manager of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachment(s).

Section 3. That the Director of Law shall prepare the agreement and permit authorized by this ordinance and shall incorporate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be issued only after execution of a maintenance, inspection, and repair agreement and only when, in the opinion of the Director of Law, Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. The employment of Jack Entertainment, LLC as a subcontractor to Quintus Landlord LLC and May Garage Property LLC for construction and maintenance of the overhead bridge and portals is hereby approved.

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s).

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.

Adopted Resolutions and Passed Ordinances Ord. No. 1532-2019 December 13, 2019 The City Record 146

Passed December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Ord. No. 1532-2019 December 13, 2019 The City Record 147

Resolution No. 997-2019

Council Members: Santana, Johnson and Brancatelli (by departmental request)

An emergency resolution declaring the intent to vacate a portion of Keene Court S.W. and West 31st Street.

WHEREAS, this Council is satisfied that there is good cause to vacate a portion of Keene Court S.W and West 31st Street as described; 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 declares its intent to vacate a portion of the following described real property:

Keene Court S.W.

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion Keene Court S.W. (16 feet wide) (formerly known as an un-named alley) in the Barber and Lord Subdivision, of part of Original Brooklyn Township Lot No’s. 51 and 52, as shown in Volume 11 of Maps, Page 26 of Cuyahoga County Records, further described as follows:

All that remaining portion of Keene Court S.W. (16 feet wide) (formerly known as an un- named alley) extending easterly from the east right of way line of West 32nd Street (66.00 feet wide) (formerly known as Penn Street) to the portion of Keene Court S.W. vacated by City of Cleveland ordnance 1622-98 passed September 14, 1998.

West 31st Street

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of West 31st Street (16 feet wide) (formerly known as an un-named alley) in the Barber and Lord Subdivision, of part of Original Brooklyn Township Lot No’s. 51 and 52, as shown in Volume 11 of Maps, Page 26 of Cuyahoga County Records, further described as follows:

All that portion of West 31st Street (16 feet wide) extending southerly from the south right of way line of Keene Court (16.00 feet wide) (formerly known as an un-named alley) to the north right of way line of Chatham Avenue (66.00 feet wide) (formerly known as Chatham Street).

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Adopted Resolutions and Passed Ordinances Res. No. 997-2019 December 13, 2019 The City Record 148

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.

Adopted December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Res. No. 997-2019 December 13, 2019 The City Record 149

Resolution No. 1328-2019

Council Members: McCormack, Johnson and Brancatelli (by departmental request)

An emergency resolution declaring the intent to vacate a portion of West 37th Place and West 36th Street.

WHEREAS, this Council is satisfied that there is good cause to vacate a portion of West 37th Place and West 36th Street, as described; 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 declares its intent to vacate a portion of the following described real property:

A portion of West 37th Place and West 36th Street

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of West 37th Place (10.00 feet wide) and West 36th Street (40.00 feet wide) in Sargent and Dixon’s Re-Subdivision of part of Original Brooklyn Township Lot Number 52 as shown by the recorded plat in Volume 2 of Maps, Page 43 of Cuyahoga County Records, further described as follows:

Being all that portion of West 37th Place (10.00 feet wide) and West 36th Street (40.00 feet wide) extending from the First Un-named Alley (width varies) South of Lorain Avenue and East of West 38th Street (Dedicated in Volume 342, Page 296 of the Court of Common Pleas) Southerly to the Easterly prolongation of the South line of Sublot 106 in said Sargent and Dixon’s Re-Subdivision.

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

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.

Adopted December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Res. No. 1328-2019 December 13, 2019 The City Record 150

Resolution No. 1542-2019

Council Member: Kazy

An emergency resolution objecting to the transfer of ownership of a D1, D2, D3, D3A and D6 Liquor Permit to 15024 Puritas Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D1, D2, D3, D3A and D6 Liquor Permit from 15024 Puritas Avenue Inc., DBA Slim & Chubbys Bar & Grille & Detached Walk In Cooler, 15024 Puritas Avenue, Cleveland Ohio 44135, Permanent Number 6549257 to HDL Spirits, LLC & Detached Walk In Cooler, 15024 Puritas Avenue, Cleveland, Ohio 44135, Permanent Number 3471401; 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 Department 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 Director 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 D1, D2, D3, D3A and D6 Liquor Permit from 15024 Puritas Avenue Inc., DBA Slim & Chubbys Bar & Grille & Detached Walk In Cooler, 15024 Puritas Avenue, Cleveland

Adopted Resolutions and Passed Ordinances Res. No. 1542-2019 December 13, 2019 The City Record 151

Ohio 44135, Permanent Number 6549257 to HDL Spirits, LLC & Detached Walk In Cooler, 15024 Puritas Avenue, Cleveland, Ohio 44135, Permanent Number 3471401; and requests the Director 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 is hereby 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.

Adopted December 2, 2019.

Effective December 4, 2019.

Adopted Resolutions and Passed Ordinances Res. No. 1542-2019 December 13, 2019 The City Record 152

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 McCormarck 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 Dona Brady 11 Anthony Brancatelli 12 Kevin J. Kelley 13 Jasmin Santana 14 Matt Zone 15 Brian Kazy 16 Charles Slife 17

City Council Directory of City Officials December 13, 2019 The City Record 153

Permanent Schedule – Standing Committees of the Council

MONDAY – Alternating

9:30 A.M. – Health and Human Services Committee: Griffin (CHAIR), McCormack (VICE-CHAIR), Conwell, B. Jones, Hairston, Santana, Zone.

9:30 A.M. – Municipal Services and Properties Committee: K. Johnson (CHAIR), Brady (VICE-CHAIR), Bishop, Brancatelli, Hairston, J. Jones, Kazy.

MONDAY

2:00 P.M. – Finance Committee: Kelley (CHAIR), Zone (VICE-CHAIR), Brady, Brancatelli, Cleveland, Conwell, Griffin, Slife, McCormack.

TUESDAY

9:30 A.M. – Development, Planning, and Sustainability Committee: Brancatelli (CHAIR), Cleveland (VICE-CHAIR), Bishop, Hairston, B. Jones, Slife, McCormack.

TUESDAY – Alternating

1:30 P.M. – Utilities Committee: (CHAIR), Kazy (VICE-CHAIR), Bishop, Hairston, McCormack, Polensek, Santana.

1:30 P.M. – Workforce and Community Benefits Committee: Bishop (CHAIR), Cleveland (VICE-CHAIR), Brady, Griffin, B. Jones, J. Jones, Kazy.

WEDNESDAY – Alternating

10:00 A.M. – Safety Committee: Zone (CHAIR), Polensek (VICE-CHAIR), Griffin, Kazy, B. Jones, J. Jones, Santana.

10:00 A.M. – Transportation Committee: Cleveland (CHAIR), (VICE-CHAIR), Bishop, Conwell, Johnson, J. Jones, Santana.

Permanent Schedule — Standing Committees of the Council Directory of City Officials December 13, 2019 The City Record 154

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 Matt Gray, 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 BUILDINING 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

City Departments Directory of City Officials December 13, 2019 The City Record 155

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 Kerry McCormack, Diane Downing, August Fluker, Charles Slife.

CIVIL SERVICE COMMISSION Michael Spreng, Secretary Lila Abrams-Fitzpatrick, Administrator Munday Workman, 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.

City Departments Directory of City Officials December 13, 2019 The City Record 156

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 – Nassim Lynch, Tax Administrator 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

City Departments Directory of City Officials December 13, 2019 The City Record 157

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 – Michael C. McGrath, 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 – George Coulter, General Manager of Administrative Services

PUBLIC UTILITIES – Robert L. Davis, Director Divisions: Cleveland Public Power – Ivan Henderson, Commissioner Radio Communications – Brad Handke, Manager

City Departments Directory of City Officials December 13, 2019 The City Record 158

Security – Robert Jarvis, Chief TV 20 – Kathy Allen, General Manager Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Cleveland Water – Alex Margevicius, Commissioner Water Pollution Control – Rachid Zoghaib, 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

City Departments Directory of City Officials December 13, 2019 The City Record 159

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 Ronald J.H. O’Leary (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 Timothy Lubbe – 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 13, 2019 The City Record 160

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 http://library.amlegal.com/nxt/gateway.dll/Ohio/cleveland_oh/cityofclevelandohiocod eofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:cleveland_oh

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 13, 2019 The City Record 161

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