August 20, 2021

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

August 20, 2021

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 August 20, 2021 The City Record 2

Table of Contents

Click on an entry below to go to that section.

Official Proceedings – City Council 3 Communications 7 Ordinances and Resolutions Ceremonial Resolutions 10 First Reading Emergency Ordinances Referred 13 First Reading Emergency Ordinances Read in Full and Passed 118 First Reading Emergency Resolutions Referred 159 First Reading Emergency Resolutions Read in Full and Adopted 165 Second Reading Emergency Ordinances Passed 196 Second Reading Ordinances Passed 224 Second Reading Emergency Resolutions Adopted 227 Rules of Council 229 Adjournment 250 Council Committee Meetings 251 Board of Control 252 Schedule of the Board of Zoning Appeals 259 Report of the Board of Zoning Appeals 263 Report of the Board of Building Standards and Building Appeals Wednesday, June 23, 2021 265 Wednesday, July 21, 2021 269 City of Cleveland Bids 272 Directory of City Officials City Council 278 Permanent Schedule — Standing Committees of Council 279 City Departments 280 Cleveland Municipal Court 285 City Links 286

Table of Contents August 20, 2021 The City Record 3

Official Proceedings City Council

Cleveland, Ohio Wednesday, August 18, 2021

The meeting of the Council was called to order at 2:07 p.m. with the President of Council, Kevin J. Kelley, in the Chair.

Council Members present: Anthony Brancatelli, Kevin Conwell, Marion Anita Gardner, Delores L. Gray, Blaine A. Griffin, Anthony T. Hairston, Joseph T. Jones, Brian Kazy, Kevin J. Kelley, Kerry McCormack, Brian Mooney, Michael D. Polensek, Charles Slife, Jenny Spencer.

Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings is waived for this meeting.

MOTION

Council Members and Staff, and those in the audience rose for a moment of silent reflection, and the Pledge of Allegiance.

MOTION

On the motion of Council Member Brancatelli, the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member Gray.

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MOTIONS To amend the Rules of Cleveland City Council.

AMENDMENTS TO RULES OF COUNCIL

Proposal to amend Rules 2 and 7 of the Rules of Council as indicated below:

Rule 2. Meetings – Public. All meetings of the Council or its committees shall be public, and upon request of any citizen desiring to be heard on any matter then under consideration by the Council, the Council may, on motion, resolve itself into a Committee of the Whole and hear that citizen at the date, time and for the length of time as Council may determine and, in accordance with rules and procedures established by the Clerk of Council, any person may be heard during that portion of a regular meeting set aside for public comment. Persons desiring to be heard by any committee of Council on any matter then under consideration may, by consent of such committee, be given an opportunity to be heard. All Rules of Council minutes and records of the Council shall be open to the public at all reasonable times, upon request Persons desiring to be heard by a committee of Council on a matter to be considered by that committee may request the committee Chair, in advance, for the opportunity to be heard. Approval of such request is at the discretion of the committee Chair. All minutes and records of the Council shall be open to the public at all reasonable times, upon request.

Rule 7. Order of Business. The business of all regular meetings of the Council shall be transacted in the following order, unless the Council by a two- thirds vote, suspends the rules and changes the order.

1. Roll call of members. 2. Prayer. 3. Pledge of Allegiance. 4. Disposal of the journal of the preceding meeting. 5. Public Comment 5 6. Reports and communications from the Mayor. 6 7. Reports and communications from departments, commissions and other public officers. 7 8. Other communications, petitions and memorials. 8 9. Reading and passage of emergency ordinances and resolutions 9 10. Introduction of ordinances and resolutions. 10 11. Second reading of ordinances and resolutions. 11 13. Third reading of ordinances and resolutions. 12 14. Miscellaneous business shall be permitted at the direction of the chair. 13 15. Report of the clerk of absent members. 14 16. Adjournment.

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The presiding officer may, at any time without objection of the members of Council, permit a member to introduce an ordinance, resolution or motion out of the regular order; provided, however, if an objection is made, a two- thirds vote of all members elected to Council shall be required to permit such introduction out of the regular order.

A motion was made by Council Member McCormack to further amend Rule 2 to add the following language to proposed language already amending the Rule: “…established by the Clerk of Council and approved by a majority vote of Council, any person…”. The motion was seconded by Council Member Polensek.

The motion was approved by Council without objection.

A motion was made by Council Member Brancatelli to approve the amendments to the Rules 2 and 7 of the Rules of Council. The motion was seconded by Council Member Gray.

Council approved the amendments with 14 yeas, 0 nays. The final approved language of both rules appears below.

Rule 2. Meetings – Public. All meetings of the Council or its committees shall be public, and, in accordance with rules and procedures established by the Clerk of Council and approved by a majority vote of Council, any person may be heard during that portion of a regular meeting set aside for public comment. Persons desiring to be heard by a committee of Council on a matter to be considered by that committee may request the committee Chair, in advance, for the opportunity to be heard. Approval of such request is at the discretion of the committee Chair. All minutes and records of the Council shall be open to the public at all reasonable times, upon request.

1. Roll call of members. 2. Prayer. 3. Pledge of Allegiance. 4. Disposal of the journal of the preceding meeting. 5. Public Comment 6. Reports and communications from the Mayor. 7. Reports and communications from departments, commissions and other public officers. 8. Other communications, petitions and memorials. 9. Reading and passage of emergency ordinances and resolutions

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10. Introduction of ordinances and resolutions. 11. Second reading of ordinances and resolutions. 12. Third reading of ordinances and resolutions. 13. Miscellaneous business shall be permitted at the direction of the chair. 14. Report of the clerk of absent members. 15. Adjournment.

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Communications

File No. 601-2021 Oath of Office for DeAndre D. Benson, Interim Director of Department of Human Resources, City of Cleveland. Received.

File No. 602-2021 Oath of Office for James E. Gentile, Interim Director of Department of Finance, City of Cleveland. Received.

File No. 607-2021 From Interim Director James Gentile, Department of Finance, City of Cleveland. Notice of gift acceptance of $250 from Cleveland Foundation for food purchases at the Cleveland Community Police Commission’s Common Ground event. Received.

File No. 608-2021 Oath of Office for Lita Marie Wills, Commissioner of Health Equity and Social Justice, Department of Public Health, City of Cleveland. Received.

File No. 611-2021 From Kevin J. Nowak, Executive Director, CHN Housing Partners. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as The Arch at Saint Michael, at 3146 Scranton Road and 2202 Prame Avenue (Ward 14), Cleveland, Ohio. Received.

File No. 715-2021 Motions and Amendments to Rules of Council at Council meeting on August 18, 2021.

File No. 716-2021 Rules of Order Governing the Council of the City of Cleveland 2018-2021 Amended [approved by City Council on August 18, 2021].

Plats

File No. 606-2021 Dedication Plat for North Park Place Subdivision, at the northwest corner of Fairhill Road and Martin Luther King, Jr. Drive (Ward 6). Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved.

From Ohio Division of Liquor Control

File No. 590-2021 #9147330. Economic Development Transfer Application, D5 D6. Uncle Hospitality Group LLC, 2537 Lorain Avenue (Ward 3). Received.

Communications Official Proceedings – City Council August 20, 2021 The City Record 8

File No. 591-2021 #2413323. Transfer of Ownership Application, C2 C2X. East 116th Drive Thru LLC, 3600 East 116th Street (Ward 2). Received.

File No. 592-2021 #4179946. Transfer of Ownership Application, C2 C2X. JMN Convenience LLC, 3744 East 114th Street (Ward 2). Received.

File No. 593-2021 #4957304. Transfer of License Application, D1 D2 D3 D6. Lakalome Group LLC, 1052 Old River Road (Ward 3). Received.

File No. 594-2021 #4957304. New License Application, D3A. Lakalome Group LLC, 1052 Old River Road (Ward 3). Received.

File No. 595-2021 #3599032. Transfer of Ownership Application, C1. Har Mahadev, Inc., 4189 Ridge Road (Ward 13). Received.

File No. 596-2021 #4383751. Transfer of Ownership Application, D1 D2 D3 D3A. Jordans Lounge Bar & Grill LLC, 4896 Pearl Road (Ward 13). Received.

File No. 597-2021 #6703880. Transfer of Ownership Application, D3. Padma Iswor Restaurant & Bar LLC, 13124 Lorain Avenue (Ward 16). Received.

File No. 598-2021 #4182969. Transfer of Ownership Application, C1. JS Minimart LLC, 14910 Lorain Avenue (Ward 17). Received.

File No. 599-2021 #9164152. Temporary Permit Application, F8. University Circle, Inc., 10820 East Boulevard (Ward 9). Received.

File No. 600-2021 #9428411. Transfer of Ownership Application, D5J D6. Waterloo Arts, 15601 Waterloo Road (Ward 8). Received.

File No. 603-2021 #8368931. Transfer of Ownership Application, D1 D2 D3 D3A, D6. Sora Hospitality LLC, 1121 West 10th Street (Ward 3). Received.

File No. 604-2021 #8003111. Transfer of License Application, D5. Sexton Brooks LLC, 3029 Woodhill Road (Ward 4). Received.

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File No. 605-2021 #8773613. Transfer of Ownership Application, C1. T & N Food LLC, 831 East 140th Street (Ward 10). Received.

File No. 612-2021 #6621205. Stock Application, D5 D6. P H Corporation, Inc., 748 Prospect Avenue (Ward 3). Received.

File No. 613-2021 #5830186. Stock Application, C2 C2X. Memphis Gas, Inc., 7210 Memphis Avenue (Ward 13). Received.

File No. 614-2021 #7505604. Stock Application, C1 C2. Ronnie’s Marathon, Inc., 3106 Fulton Road (Ward 14). Received.

Communications Official Proceedings – City Council August 20, 2021 The City Record 10

Ordinances and Resolutions Ceremonial Resolutions

Ceremonial resolutions are used by Council to recognize dignitaries and community members, and their accomplishments.

Resolutions of Condolence

The Rules were suspended, and the following Resolutions were adopted by a rising vote:

Bishop Res. No. 615-2021 Bertha Lee Dawson

Conwell Res. No. 616-2021 Viola English

Conwell and Griffin Res. No. 617-2021 George Fulton Dixon III

Gardner and Gray Res. No. 618-2021 Nellie Mae Barrett Edwards Ford

Gray Res. No. 619-2021 Mildred Wheat

Griffin Res. No. 620-2021 Santino Deshawn Wilson

Hairston Res. No. 621-2021 Patricia Ann Jackson

B. Jones Res. No. 622-2021 Christian Frederick Cartwright

B. Jones and Griffin Res. No. 623-2021 Annette M. Shack

J. Jones Res. No. 624-2021 Reverend Earnest Mosley

J. Jones Res. No. 625-2021 Shirley Ann Jackson Coley

J. Jones Res. No. 626-2021 Imelda Boyd-King

J. Jones Res. No. 627-2021 James N. Holder III

J. Jones Res. No. 628-2021 Devon Avery Currie

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J. Jones Res. No. 629-2021 Roxie L. Gaines

Kazy Res. No. 630-2021 Shirley (nee Smith) Mitchell

Kazy and Slife Res. No. 631-2021 Thomas David Jordan

Kelley Res. No. 632-2021 Jean Patricia Fleshler

Resolutions of Congratulations

The rules were suspended, and the following Resolutions were adopted without objection:

Bishop Res. No. 633-2021 Reverend Tyrone Davis

Bishop Res. No. 634-2021 Carrie B. Hurn

Conwell Res. No. 635-2021 Mollie Holloway – 100th Birthday

Griffin Res. No. 636-2021 Sergeant James Dennis

Griffin and Polensek Res. No. 637-2021 Italian Sons & Daughters of America

Kazy Res. No. 638-2021 Marjorie S. McCreary

Santana Res. No. 639-2021 Maria Guzman – 87th Birthday

Resolutions of Recognition

The Rules were suspended, and the following Resolutions were adopted without objection:

Griffin Res. No. 640-2021 Spectrum – Cleveland City Council Neighborhood

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Technology Trust Fund of the Cleveland Foundation

J. Jones Res. No. 641-2021 Elder Lois Swanson

Polensek Res. No. 642-2021 Reverend Martin F. Polito

McCormack and Polensek Res. No. 643-2021 Early Settlers Association of the Western Reserve

Santana Res. No. 644-2021 LatinUs Theater Company, Inc.

Slife Res. No. 645-2021 Reverend Mark Q. Fedor

Resolutions of Recognition

The rules were suspended, and the following Resolutions were adopted by a rising vote:

Gray Res. No. 646-2021 Major Cares Ministries, Inc.

J. Jones Res. No. 647-2021 Reverend Dr. George O. Stewart

Resolutions of Welcome

The rules were suspended, and the following Resolutions were adopted by a rising vote:

J. Jones Res. No. 648-2021 National Missionary Baptist Convention of America (NMBCA)

Kelley Res. No. 649-2021 Daniel Divino Velazquez

Ceremonial Resolutions Official Proceedings – City Council August 20, 2021 The City Record 13

Ordinances and Resolutions

First Reading Emergency Ordinances Referred

An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.

If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.

These ordinances were read for the first time on Wednesday, August 18, 2021, and referred to the appropriate City departments and Council Committees for review.

Click on an ordinance below to read it:

Ord. No. 651-2021 Ord. No. 681-2021

Ord. No. 652-2021 Ord. No. 682-2021

Ord. No. 653-2021 Ord. No. 683-2021

Ord. No. 654-2021 Ord. No. 684-2021

Ord. No. 655-2021 Ord. No. 685-2021

Ord. No. 656-2021 Ord. No. 686-2021

Ord. No. 657-2021 Ord. No. 687-2021

Ord. No. 658-2021 Ord. No. 688-2021

Ord. No. 659-2021 Ord. No. 689-2021

Ord. No. 660-2021 Ord. No. 690-2021

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Ord. No. 691-2021

Ord. No. 692-2021

Ord. No. 694-2021

Ord. No. 695-2021

Ord. No. 696-2021

Ord. No. 697-2021

Ord. No. 698-2021

Ord. No. 699-2021

Ord. No. 700-2021

Ord. No. 701-2021

Ord. No. 702-2021

Ord. No. 703-2021

Ord. No. 704-2021

Ord. No. 713-2021

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Ordinance No. 651-2021

By Council Member: Kelley (By departmental request)

An emergency ordinance authorizing the Director of Finance, on behalf of the Clerk of the Cleveland Municipal Court, to enter into an amendment to Contract No. PS 2019-129 with Nashwest, LLC to provide additional professional project management services related to integrating, training, and analysis for the new case management system, for a term not to exceed one year.

WHEREAS, under Ordinance No. 586-2019, passed May 13, 2019, this Council authorized Contract No. PS 2019-129 with Nashwest, LLC to provide professional project management services related to integrating, training, and analysis for the new case management system; and

WHEREAS, under Ordinance No. 192-2021, passed March 21, 2021, this Council authorized an amendment to the contract to extend the term for an additional six months; and

WHEREAS, additional services are necessary for a term up to one year; 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, on behalf of the Clerk of the Cleveland Municipal Court, is authorized to enter into an amendment to Contract No. PS 2019-129 with Nashwest, LLC to provide additional professional project management services related to integrating, training, and analysis for the new case management system, for a term not to exceed one year. All other terms and conditions contained in the contract shall remain the same.

Section 2. That the amendment shall be prepared by the Director of Law.

Section 3. That the costs of the contract amendment shall be paid from Fund No. 01- 0116-6320, RQS 0116, RL 2021-58.

Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Finance; and Law; Committee on Finance.

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Ordinance No. 652-2021

By Council Members: Griffin and Kelley (by departmental request)

An emergency ordinance to amend Section 2 of Ordinance No. 202-2020, passed March 23, 2020, relating to a requirement contract for the purchase of turnout gear to add additional fund numbers.

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 2 of Ordinance No. 202-2020, passed March 23, 2020, is amended to read as follows:

Section 2. That the costs of the contract or contracts shall be paid from Fund Nos. 20 SF 566, 20 SF 573, 20 SF 578, 20 SF 585, 20 SF 588, 20 SF 591, 20 SF 596, and 20 SF 701 and shall also 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 6003, RL 2020-3)

Section 2. That existing Section 2 of Ordinance No. 202-2020, passed March 23, 2020, 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.

Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.

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Ordinance No. 653-2021

By Council Members: Kazy and Kelley

An emergency ordinance to amend Ordinance No. 1368-15, passed December 7, 2015, by adding two new whereas clauses and Sections 2 and 2a; to amend Section 1; to amend and renumber Section 2 to Section 1a; relating to the public improvement of constructing the Boosted Third High System in Richfield, Ohio, and related site improvements.

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 Ordinance No. 1368-15, passed December 7, 2015, is amended by adding two new whereas clauses to read as follows:

WHEREAS, the Division of Water is contracted to provide water service to currently unwatered portions of the Richfield, Ohio area, creating a new pressure district called Boosted Third High; and

WHEREAS, constructing a new pump station and elevated water tower, installing water mains, and making related site improvements are components of the Boosted Third High System in Richfield, Ohio (the “Improvement”); and

Section 2. That Section 1 of Ordinance No. 1368-15, passed December 7, 2015, is amended to read as follows:

Section 1. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of constructing the Boosted Third High System in Richfield, Ohio and related site improvements pump station and water tower and making related site improvements needed for the Improvement (“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 for a gross price for the those portions of the Improvement.

Section 3. That existing Section 1 of Ordinance No. 1368-15, passed December 7, 2015, is repealed.

Section 4. That Section 2 of Ordinance No. 1368-15, passed December 7, 2015, is renumbered to Section 1a and is amended to read as follows:

Section 2 Section 1a. That the Director of Public Utilities is authorized to enter into one or more contracts for the making of the public improvement components described in Section 1 with the lowest responsible bidder or bidders after competitive

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bidding for a gross price for the those portions of the Improvement, provided, however, that each separate trade and each distinct component part of the Improvement may be treated as a separate Improvement, and each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the director, the contractor shall furnish a correct schedule of unit prices, including profit and overhead, for all items constituting units of the those portions of the Improvement. That a copy of the request for legislation, summarizing the project, has been placed in File No. 1369-15-A.

Section 5. That existing Section 2 of Ordinance No. 1368-15, passed December 7, 2015, is repealed.

Section 6. That Ordinance No. 1368-15, passed December 7, 2015, is amended by adding new Sections 2 and 2a to read as follows:

Section 2. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of installing water mains needed for 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 that portion of the Improvement.

Section 2a. That the Director of Public Utilities is authorized to enter into one or more contracts for the making of the public improvement component described in Section 2 with the lowest responsible bidder or bidders after competitive bidding on a unit basis for that portion of 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. That a copy of the request for legislation, summarizing the project, has been placed in File No. 1369-15-A.

Section 7. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Public Utilities; Finance; and Law; Committees on Utilities; and Finance.

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Ordinance No. 654-2021

By Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, to apply for and accept up to two grants from the Supreme Court of Ohio for the 2021 Supreme Court Technology Grant Program for continuation, by contracts, of remote access and virtual courtroom proceedings; and authorizing one or more contracts for the direct and competitive purchase of kiosks, video hardware, speakers, microphones, and other appurtenances to implement the 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 Finance, on behalf of the Cleveland Municipal Court, Housing Division, is authorized to apply for and accept up to two grants in the aggregate amount of $75,530.00, and any other funds that may become available during the grant terms from the Supreme Court of Ohio to conduct the 2021 Supreme Court Technology Grant Program which will allow for the continuation of remote access and virtual courtroom proceedings; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grants; and that the funds are appropriated for the purposes described in the legislative summary for the grants in the file described below.

Section 2. That the legislative summary for the grants, File No. 654-2021-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.

Section 3. That the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, is authorized to enter into one or more contracts with Cisco Systems, Inc. and/or Zoom Video Communications, Inc. to implement the grants as described in the file for their video conferencing platforms, and acquisition of licenses, as necessary.

Section 4. That this Council determines that the within commodities are non- competitive and cannot be secured from any source other than CBTS, LLC. Therefore, the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, is authorized to make one or more written requirement contracts with CBTS, LLC., at a cost not exceeding the grants accepted under this ordinance, for the requirements for a period not to exceed the grant terms of the necessary items of kiosks, video hardware, speakers, microphones, and other appurtenances needed to implement the grants, to be purchased by the Commissioner of Purchases and Supplies on a unit basis, for the Department of Finance, on behalf of the Cleveland Municipal Court, Housing Division.

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Section 5. That the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, is authorized to make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements during the grant terms of the necessary items of kiosks, video hardware, speakers, microphones, and other appurtenances which cannot be obtained from the contract authorized above and which are needed to provide access to arraignments, pre- trials, probation violation hearings, as well as for mediation, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division. 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 6. 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 the initial purchase, which purchase, together with all later purchases, shall be made on order of the Commissioner of Purchases and Supplies under a delivery order against the contract or contracts certified by the Director of Finance.

Section 7. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, 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 8. That the Director of Finance, on behalf of the Cleveland Municipal Housing Court, is authorized to enter into one or more contracts with, or make payments to, other agencies, entities, or individuals to implement the grants as described in the file.

Section 9. 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.

Section 10. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Finance; and Law; Committee on Finance.

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Ordinance No. 655-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Works to enter into a concession agreement for the operation of a food and beverage concession inside Cleveland City Hall for a one-year term, with two one- year options to renew, exercisable by the Director 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 notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Director of Public Works is authorized to enter into a concession agreement on the basis of competitive proposals for the operation of a food and beverage concession inside Cleveland City Hall for a one-year term, with two one-year options to renew, exercisable by the Director of Public Works. The selection of the concessionaire shall be made by the Board of Control on the nomination of the Director of Public Works. The concession fee to be paid to the City shall be fixed by the Board of Control.

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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Ordinance No. 656-2021

By Council Members: Kazy 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 Southeastern Equipment Co. Inc., Ohio Machinery Co. dba Ohio CAT, and Murphy Tractor & Equipment Co., Inc. for the purchase of proprietary replacement parts of heavy-duty construction equipment, and labor and materials to repair and maintain the proprietary equipment, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, Department of Public Utilities, for a term 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 this Council determines that the within commodities are non- competitive and cannot be secured from any sources other than Southeastern Equipment Co. Inc., Ohio Machinery Co. dba Ohio CAT, and Murphy Tractor & Equipment Co., Inc. Therefore, the Director of Public Utilities is authorized to make one or more written requirement contracts with Southeastern Equipment Co. Inc., Ohio Machinery Co. dba Ohio CAT, and Murphy Tractor & Equipment Co., Inc. on the basis of their proposals dated March 22, 2021, March 12, 2021, and February 10, 2021, for a term of two years, of the necessary items of proprietary replacement parts of heavy-duty construction equipment, and labor and materials to repair and maintain the proprietary equipment, to be purchased by the Commissioner of Purchases and Supplies on a unit basis, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, 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. (RQN 2002, RL 2021-13)

Referred to the Directors of Public Utilities; Finance; and Law; Committees on Utilities; and Finance.

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Ordinance No. 657-2021

By Council Members: Kelley (by departmental request)

An emergency ordinance authorizing payment of membership dues of the City of Cleveland in the Northeast Ohio Areawide Coordinating Agency for fiscal year 2022.

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 cause payment of membership dues of the City of Cleveland to be made to the Northeast Ohio Areawide Coordinating Agency for fiscal year 2022.

Section 2. That the payment for the dues shall be paid from funds approved by the Director of Finance.

Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of f Finance; and Law; Committees on Finance.

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Ordinance No. 658-2021

By Council Members: Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more requirement contracts of scanning and data entry services, associated software, software licenses, installation, and maintenance, for the Division of Taxation, Department of Finance, for a period of one year, with four one- year options to renew, 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 make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for a one-year period, with four one-year options to renew, exercisable by the Director of Finance, of the necessary items of scanning and data entry services, associated software, software licenses, installation, and maintenance, 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 Taxation, Department of Finance. 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 the initial purchase, which purchase, together with all later purchases, shall be made on order of the Commissioner of Purchases and Supplies under a delivery order against the contract or contracts certified by the Director of Finance. (RQN 1507, RL 2021-18)

Section 3. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Finance 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.

First Reading Emergency Ordinances Referred Ord. No. 658-2021 Official Proceedings – City Council August 20, 2021 The City Record 25

Referred to the Directors of Finance; and Law; Committees on Finance.

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Ordinance No. 659-2021

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

An emergency ordinance authorizing the Director of Public Works to execute various deeds of permanent easement and deeds of temporary easement granting to the Northeast Ohio Regional Sewer District certain easement rights at or under several City parks for the NEORSD’s Shoreline Storage Tunnel Project and declaring the easement rights not needed for the City’s public use; and authorizing an agreement with NEORSD for compensation for such easements and a gift of cash to provide replacement park improvements at the affected parks.

WHEREAS, the Northeast Ohio Regional Sewer District (“NEORSD”) has requested the Director of Public Works to convey certain easement rights and temporary easement rights at or under portions of Forest Hills Park, Glenview Park, Sam Miller Park, Gordon Park, Grdina Park, and Rockefeller Park for NEORSD’s Shoreline Storage Tunnel Project (“SST Project”); 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, it is found and determined that easement interests in the following described properties are not needed for the City’s public use:

Forest Hills Park Permanent Easement SST-P01 Across PPN 111-03-001 0.4032 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 1265, Page 326 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following 2 courses;

North 00° 33' 45" West, 82.54 feet;

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Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street;

Thence, leaving the easterly right of way of E. 110th Street, North 61° 10' 16" East, 16.33 feet;

Thence, North 42° 14' 14" East, 234.05 feet;

Thence, North 35° 36' 39" East, 235.26 feet to the True Point of Beginning for the easement herein described;

Thence, continuing, North 35° 36' 39" East, 230.96 feet;

Thence, North 23° 29' 50" East, 31.40 feet;

Thence, South 54° 35' 14" East, 29.27 feet;

Thence, South 35° 07' 57" West, 79.39 feet;

Thence, South 16° 06' 41" West, 39.27 feet;

Thence, South 54° 32' 10" East, 63.55 feet;

Thence, South 35° 36' 39" West, 145.27 feet;

Thence, North 54° 32' 10" West, 100.00 feet to the point of beginning.

Containing within said bounds 0.4032 acres (17,563 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Forest Hills Park Permanent Easement SST-P02 Across PPN 111-03-001 0.2443 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 3920, Page 108 of the Cuyahoga County Records, being more definitely described as follows;

First Reading Emergency Ordinances Referred Ord. No. 659-2021 Official Proceedings – City Council August 20, 2021 The City Record 28

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following two courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street;

Thence, along the easterly right of way of E. 110th Street the following four courses;

North 04° 22' 50" East, 11.91 feet;

Thence, along the arc of a curve which deflects to the right, 289.94 feet, said curve having a radius of 1845.83 feet, a central angle of 09° 00' 02", and a chord of 289.65 feet which bears North 08° 52' 51" East;

Thence, North 13° 22' 52" East, 36.86 feet;

Thence, along the arc of a curve which deflects to the left, 46.95 feet, said curve having a radius of 424.74 feet, a central angle of 06° 20' 01", and a chord of 46.92 feet which bears North 10° 12' 52" East;

Thence, leaving the easterly right of way of E. 110th Street, North 80° 42' 19" East, 138.08 feet to the True Point of Beginning for the easement herein described;

Thence, North 23° 51' 46" East, 155.41 feet;

Thence, South 66° 08' 14" East, 31.98 feet;

Thence, South 23° 26' 25" West, 294.58 feet;

Thence, South 40° 59' 06" West, 36.07 feet;

Thence, North 47° 31' 28" West, 24.84 feet;

Thence, North 23° 51' 46" East, 165.70 feet;

Containing within said bounds 0.2443 acres (10,642 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

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Forest Hills Park Permanent Easement SST-P03 Across PPN 111-03-001 0.1250 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 3920, Page 108 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following two courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street;

Thence, along the easterly right of way of E. 110th Street the following four courses;

North 04° 22' 50" East, 11.91 feet;

Thence, North 13° 22' 52" East, 36.86 feet;

Thence, leaving the easterly right of way of E. 110th Street, North 80° 42' 19" East, 138.08 feet;

Thence, North 23° 51' 46" East, 169.41 feet to the True Point of Beginning for the easement herein described;

Thence, continuing, North 23° 51' 46" East, 204.94 feet;

Thence, South 09° 08' 04" West, 18.42 feet;

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Thence, South 05° 48' 01" East, 67.06 feet;

Thence, South 35° 00' 37" West, 34.61 feet;

Thence, South 23° 26' 25" West, 94.90 feet;

Thence, North 66° 08' 14" West, 31.88 feet to the point of beginning.

Containing within said bounds 0.1250 acres (5,445 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Forest Hills Park Permanent Easement SST-P04 Across PPN 111-03-001 0.0446 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 3920, Page 108 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following two courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street;

Thence, along the easterly right of way of E. 110th Street the following four courses;

North 04° 22' 50" East, 11.91 feet;

Thence, North 13° 22' 52" East, 36.86 feet;

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Thence, leaving the easterly right of way of E. 110th Street, North 80° 42' 19" East, 30.33 feet to the True Point of Beginning for the easement herein described;

Thence, North 80° 42' 19" East, 73.12 feet;

Thence, South 23° 51' 46" West, 35.78 feet;

Thence, South 80° 43' 04" East, 56.76 feet;

Thence, North 03° 10' 31" West, 30.11 feet to the point of beginning.

Containing within said bounds 0.0446 acres (1,943 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Glenview Park Permanent Easement SST-P05 Across PPN 111-01-003 0.4364 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot Nos. 355 and 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 660, Page 474 and Volume 668, Page 580 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following four courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 292.56 feet;

Thence, along the arc of a curve which deflects to the right, 294.66 feet, said curve having a radius of 1875.83 feet, a central angle of 09° 00' 02", and a chord of 294.35 feet which bears North 08° 52' 51" East;

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Thence, North 13° 22' 52" East, 27.30 feet;

Thence, leaving the centerline of E. 110th Street, North 76° 37' 08" West, 30.00 feet to the westerly right of way of E. 110th Street and the True Point of Beginning for the easement herein described;

Thence, leaving the westerly right of way of E. 110th Street, South 80° 43' 04" West, 150.70 feet;

Thence, along the arc of a curve which deflects to the left, 380.28 feet, said curve having a radius of 985.00 feet, a central angle of 22° 07' 14", and a chord of 377.93 feet which bears South 69° 39' 27" West;

Thence, South 58° 35' 51" West, 99.71 feet to the easterly right of way of Leuer Avenue (50.00 feet wide);

Thence, along said right of way, North 00° 49' 38" West, 34.84 feet;

Thence, leaving said right of way, North 58° 35' 51" East, 81.99 feet;

Thence, along the arc of a curve which deflects to the right, 391.87 feet, said curve having a radius of 1015.00 feet, a central angle of 22° 07' 14", and a chord of 389.44 feet which bears North 69° 39' 27" East;

Thence, North 80° 43' 04" East, 162.46 feet to the westerly right of way of E. 110th Street;

Thence, along the westerly right of way of E. 110th Street the following two courses;

Along the arc of a curve which deflects to the right, 22.67 feet, said curve having a radius of 364.74 feet, a central angle of 03° 33' 44", and a chord of 22.67 feet which bears South 11° 36' 00" West;

Thence, South 13° 22' 52" West, 9.56 feet to the point of beginning.

Containing within said bounds 0.4364 acres (19,011 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Sam Miller Park Permanent Easement SST-P25 Across PPN 108-02-001 0.0108 Acres

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Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 360. Also being part of the land conveyed to City of Cleveland as recorded in Volume 5839, Page 561 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the southerly right of way of Carr Avenue (50 feet wide) and the easterly right of way of East 88th Street (55 feet wide);

Thence, along the southerly right of way of Carr Avenue, North 55° 53' 16" East, 25.93 feet to the True Point of Beginning for the parcel herein described;

Thence, continuing along the southerly right of way of Carr Avenue, North 55° 53' 16" East, 107.29 feet to the northwesterly corner of land conveyed to Board of Education of the Cleveland City School District of Cuyahoga County, Ohio as recorded in Volume 9909, Page 429 of the Cuyahoga County Records;

Thence, leaving said southerly right of way, along the westerly line of said land conveyed to Board of Education of the Cleveland City School District of Cuyahoga County, Ohio, South 34° 06' 44" East, 6.86 feet;

Thence, leaving said westerly line, along the arc of a curve which deflects to the right, 107.56 feet to the point of beginning, said curve having a radius of 1015.00 feet, a central angle of 06° 04' 18", and a chord of 107.51 feet which bears South 59° 32' 42" West.

Containing within said bounds 0.0108 Acres (470 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Rockefeller Park Permanent Easement SST-P26 Across PPN 107-01-001 0.0663 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 367. Also being part of the land conveyed to City of Cleveland as recorded in Volume 660, Page 288 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the southerly right of way of CSX Transportation (100 feet wide) and the westerly right of way of East 88th Street (55 feet wide);

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Thence, along the westerly right of way of East 88th Street, South 00° 36' 19" East, 11.64 feet to the True Point of Beginning for the parcel herein described;

Thence, continuing along the westerly right of way of East 88th Street, South 00° 36' 19" East, 32.45 feet;

Thence, leaving said westerly right of way, along the arc of a curve which deflects to the right, 93.19 feet, said curve having a radius of 1015.00 feet, a central angle of 05° 15' 37", and a chord of 93.16 feet which bears South 69° 57' 48" West;

Thence, South 72° 35' 37" West, 49.20 feet to the southerly right of way of CSX Transportation;

Thence, along the southerly right of way of CSX Transportation, North 55° 54' 00" East, 110.02 feet;

Thence, leaving said southerly right of way, along the arc of a curve which deflects to the left, 46.41 feet to the point of beginning, said curve having a radius of 985.00 feet, a central angle of 02° 41' 58", and a chord of 46.41 feet which bears North 67° 58' 26" East.

Containing within said bounds 0.0663 Acres (2,887 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Permanent Easement SST-P27A Across PPN 105-35-001 1.9691 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot Nos. 350 & 367. Also being part of the land conveyed to City of Cleveland as recorded in Volume 563, Page 196 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 107.43 feet to the True Point of Beginning for the easement herein described;

Thence, continuing along said easterly right of way, North 00° 29' 22" West, 36.36 feet;

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Thence, leaving said easterly right of way, North 55° 06' 16" East, 1644.10 feet;

Thence, along the arc of a curve which deflects to the left, 43.09 feet, said curve having a radius of 318.04 feet, a central angle of 07° 45' 45", and a chord of 43.06 feet which bears North 28° 03' 00" East;

Thence, North 55° 06' 16" East, 83.49 feet;

Thence, South 34° 53' 44" East, 19.58 feet;

Thence, North 55° 06' 16" East, 634.60 feet;

Thence, along the arc of a curve which deflects to the right, 90.28 feet, said curve having a radius of 1015.00 feet, a central angle of 05° 05' 47", and a chord of 90.25 feet which bears North 57° 39' 09" East;

Thence, along the arc of a curve which deflects to the left, 30.03 feet, said curve having a radius of 763.90 feet, a central angle of 02° 15' 08", and a chord of 30.03 feet which bears South 27° 23' 58" East.

Thence, along the arc of a curve which deflects to the left, 86.36 feet, said curve having a radius of 985.00 feet, a central angle of 05° 01' 24", and a chord of 86.33 feet which bears South 57° 36' 58" West;

Thence, South 55° 06' 16" West, 634.60 feet;

Thence, South 34° 53' 44" East, 15.70 feet;

Thence, South 37° 34' 31" West, 199.41 feet;

Thence, North 52° 10' 09" West, 57.00 feet;

Thence, North 37° 34' 31" East, 59.76 feet;

Thence, North 34° 17’ 41” West, 3.33 feet;

Thence, South 55° 06' 16" West, 1636.42 feet to the point of beginning.

Containing within said bounds 1.9691 acres (85,775 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

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Gordon Park Permanent Easement SST-P27B Across PPN 105-35-001 0.3798 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 367. Also being part of the land conveyed to City of Cleveland as recorded in Volume 563, Page 196 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the northerly right of way of CSX Transportation, North 55° 54' 00" East, 3049.45 feet to the True Point of Beginning for the easement herein described;

Thence, leaving said northerly right of way, South 72° 35' 37" West, 284.48 feet;

Thence, along the arc of a curve which deflects to the left, 214.31 feet, said curve having a radius of 985.00 feet, a central angle of 12° 27' 57", and a chord of 213.88 feet which bears South 66° 21' 38" West;

Thence, along the arc of a curve which deflects to the right, 30.03 feet, said curve having a radius of 763.90 feet, a central angle of 2° 15' 08", and a chord of 30.03 feet which bears North 27° 23' 58" West;

Thence, along the arc of a curve which deflects to the right, 219.54 feet, said curve having a radius of 1015.00 feet, a central angle of 12° 23' 34", and a chord of 219.11 feet which bears North 66° 23' 50" East;

Thence, North 72° 35' 37" East, 384.52 feet to the northerly right of way of CSX Transportation;

Thence, along the northerly right of way of CSX Transportation, South 55° 54' 00" West, 104.44 feet to the point of beginning.

Containing within said bounds 0.3798 acres (16,546 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

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Gordon Park Permanent Easement SST-P30 Across PPN 105-35-001 0.0391 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 350. Also being part of the land conveyed to City of Cleveland as recorded in Volume 563, Page 196 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 107.43 feet;

Thence, leaving said easterly right of way, North 55° 06' 16" East, 414.62 feet to the True Point of Beginning for the easement herein described;

Thence, continuing North 55° 06' 16" East, 101.55 feet;

Thence, South 12° 28' 40" West, 49.52 feet;

Thence, South 82° 21' 12" West, 73.24 feet to the point of beginning.

Containing within said bounds 0.0391 acres (1,703 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Permanent Easement SST-P31 Across PPN 105-35-001 0.2205 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot Nos. 350. Also being part of the land conveyed to City of Cleveland as recorded in Volume 563, Page 196 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 143.79 feet;

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Thence, leaving said easterly right of way, North 55° 06' 16" East, 114.58 feet to the True Point of Beginning for the easement herein described;

Thence, North 32° 07' 19" West, 31.16 feet;

Thence, North 56° 33' 25" East, 93.71 feet;

Thence, North 07° 50' 15" West, 52.11 feet;

Thence, North 82° 05' 25" East, 165.63 feet;

Thence, South 55° 06' 16" West, 266.49 feet to the point of beginning.

Containing within said bounds 0.2205 acres (9,606 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Permanent Easement SST-P32 Across PPN 105-35-001 0.1052 Acres

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 107.43 feet;

Thence, leaving said easterly right of way, North 55° 06' 16" East, 226.09 feet to the True Point of Beginning for the easement herein described;

Thence, continuing North 55° 06' 16" East, 64.42 feet;

Thence, South 06° 41' 10" East, 21.71 feet;

Thence, South 44° 57' 35" East, 69.83 feet;

Thence, South 55° 04' 10" West, 50.49 feet;

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Thence, North 45° 08' 01" West, 89.34 feet to the point of beginning.

Containing within said bounds 0.1052 acres (4,581 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Permanent Easement SST-P33 Across PPN 105-35-001 0.1511 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 350. Also being part of the land conveyed to City of Cleveland as recorded in Volume 3570, Page 275 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the westerly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the westerly right of way of East 72nd Street, North 00° 29’ 22” West, 105.40 feet to the True Point of Beginning for the easement herein described;

Thence, leaving said westerly right of way, South 55° 06' 16" West, 219.38 feet to the easterly line of Parcel 2 in Consolidation and Lot Split as recorded in Volume 340, Page 95 of the Cuyahoga County Map Records;

Thence, along said easterly line, North 00° 31' 30" West, 36.35 feet;

Thence, leaving said easterly line, North 55° 06' 16" East, 219.41 feet to the westerly right of way of East 72nd Street;

Thence, along the westerly right of way of East 72nd Street, South 00° 29' 22" East, 36.36 feet to the point of beginning.

Containing within said bounds 0.1511 acres (6,582 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Section 2. That, notwithstanding and as an exception to the provisions of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, it is found and

First Reading Emergency Ordinances Referred Ord. No. 659-2021 Official Proceedings – City Council August 20, 2021 The City Record 40 determined that temporary easement interests in the following described properties are not needed for the City’s public use:

Forest Hills Park Temporary Easement SST-T01 Across PPN 111-03-001 0.0046 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 3920, Page 107 and Volume 6267, Page 88 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following two courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street and the True Point of Beginning for the easement herein described;

Thence, leaving the easterly right of way of E. 110th Street, North 61° 10' 16" East, 11.65 feet;

Thence, along the arc of a curve which deflects to the left, 49.71 feet to the easterly right of way of E. 110th Street, said curve having a radius of 2014.50 feet, a central angle of 01° 24' 50", and a chord of 49.71 feet which bears South 15° 41' 16" West;

Thence, along the easterly right of way of E. 110th Street, North 04° 22' 50" East, 42.36 feet to the point of beginning.

Containing within said bounds 0.0046 acres (200 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

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Forest Hills Park Temporary Easement SST-T02 Across PPN 111-03-001 0.0311 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 3920, Page 107, Volume 3920, Page 108 and Volume 6267, Page 88 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following two courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street;

Thence, along the easterly right of way of E. 110th Street the following two courses;

North 04° 22' 50" East, 11.91 feet;

Thence, along the arc of a curve which deflects to the right, 28.63 feet to the True Point of Beginning for the easement herein described, said curve having a radius of 1845.83 feet, a central angle of 00° 53' 19", and a chord of 28.63 feet which bears North 04° 49' 30" East;

Thence, leaving the easterly right of way of E. 110th Street, North 23° 48' 29" East, 188.56 feet;

Thence, South 47° 50' 46" East, 4.19 feet;

Thence, along the arc of a curve which deflects to the left, 149.31 feet, said curve having a radius of 2014.50 feet, a central angle of 04° 14' 48", and a chord of 149.27 feet which bears South 20° 26' 38" West;

Thence, South 42° 14' 14" West, 40.29 feet to the point of beginning.

Containing within said bounds 0.0311 acres (1354 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

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Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Forest Hills Park Temporary Easement SST-T03 Across PPN 111-03-001 4.6080 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 1265, Page 326, Volume 1266, Page 281 and Volume 6267, Page 88 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the centerline of Glenview Avenue (40.00 feet wide) and the centerline of E. 110th Street (60.00 feet wide);

Thence, along the centerline of E. 110th Street the following two courses;

North 00° 33' 45" West, 82.54 feet;

Thence North 04° 22 '50" East, 280.66 feet;

Thence, leaving the centerline of E. 110th Street, South 85° 37' 10" East, 30.00 feet to the easterly right of way of E. 110th Street;

Thence, leaving the easterly right of way of E. 110th Street, North 61° 10' 16" East, 16.33 feet;

Thence, North 42° 14' 14" East, 60.92 feet to the True Point of Beginning for the easement herein described;

Thence, North 42° 14' 14" East, 173.13 feet;

Thence, North 35° 36' 39" East, 235.26 feet;

Thence, South 54° 32' 10" East, 100.00 feet;

Thence, North 35° 36' 39" East, 145.27 feet;

Thence, North 54° 32' 10" West, 63.55 feet;

Thence, North 16° 06' 41" East, 39.27 feet;

Thence, North 35° 07' 57" East, 79.39 feet;

Thence, North 54° 35' 14" West, 29.27 feet;

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Thence, North 23°29'50" East, 15.63 feet;

Thence, North 48° 39' 52" East, 57.30 feet;

Thence, South 41° 20' 08" East, 20.00 feet;

Thence, North 48° 38' 27" East, 10.04 feet;

Thence, South 41° 21' 33" East, 341.50 feet;

Thence, South 06° 28' 43" West, 18.20 feet;

Thence, South 41° 21' 25" West, 358.94 feet;

Thence, South 07° 17' 16" West, 94.35 feet;

Thence, North 85° 07' 19" West, 452.60 feet;

Thence, North 17° 47' 00" East, 20.10 feet to the point of beginning.

Containing within said bounds 4.6080 acres (200,724 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Forest Hills Park Temporary Easement SST-T0 Across PPN 111-03-001 0.3957 Acres

Commencing at the intersection of the centerline of Ablewhite Avenue (40.00 feet wide) and the centerline of Dundee Drive (50.00 feet wide);

Thence, along the centerline of Dundee Drive, along the arc of a curve which deflects to the left, 109.77 feet, said curve having a radius of 506.00 feet, a central angle of 12° 25' 48", and a chord of 109.55 feet which bears South 27° 46' 57" East;

Thence, leaving the centerline of Dundee Drive, South 56° 00' 10" West, 16.00 feet to the westerly right of way of Dundee Drive;

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Thence, leaving the westerly right of way of Dundee Drive, South 47° 54' 16" West, 47.51 feet;

Thence, South 42° 59' 36" East, 102.40 feet;

Thence, South 42° 04' 29" West, 89.06 feet to the True Point of Beginning for the easement herein described;

Thence, South 42° 13' 04" West, 226.95 feet;

Thence, North 66° 58' 28" West, 74.25 feet;

Thence, North 41° 21' 25" East, 251.20 feet;

Thence, South 47° 55' 31" East, 73.89 feet to the point of beginning.

Containing within said bounds 0.3957 acres (17,237 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Forest Hills Park Temporary Easement SST-T05 Across PPN 111-03-001 1.3629 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 356. Also being part of the land conveyed to City of Cleveland as recorded in Volume 1265, Page 319, Volume 1265, Page 322 and Volume 1265, Page 326 of the Cuyahoga County Records, being more definitely described as follows;

Beginning at the intersection of the centerline of Hazeldell Road (66.00 feet wide) and the westerly right of way of Dundee Drive (50.00 feet wide);

Thence, South 46° 46' 25" East, 12.36 feet;

Thence, leaving the westerly right of way of Dundee Drive, South 61° 04' 41" West, 168.53 feet;

Thence, South 49° 13' 45" East, 254.76 feet;

Thence, North 74° 19' 27" East, 93.69 feet to the westerly right of way of Dundee Drive;

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Thence, along the westerly right of way of Dundee Drive the following two courses:

South 21° 18' 56" East, 63.29 feet;

Thence, along the arc of a curve which deflects to the left, 115.53 feet, said curve having a radius of 522.00 feet, a central angle of 12° 40' 54", and a chord of 115.30 feet which bears South 27° 39' 23" East;

Thence, leaving the westerly right of way of Dundee Drive, South 47° 54' 16" West, 47.51 feet;

Thence, South 42° 59' 36" East, 102.40 feet;

Thence, South 42° 04' 29" West, 59.06 feet;

Thence, North 47° 55' 31" West, 105.42 feet;

Thence, North 41° 21' 33" West, 500.26 feet;

Thence, North 21° 24' 45" East, 32.00 feet;

Thence, North 61° 20' 27" East, 181.60 feet to the westerly right of way of Dundee Drive;

Thence, along the westerly right of way of Dundee Drive, South 46° 46' 25" East, 29.67 feet to the point of beginning.

Containing within said bounds 1.3629 acres (59,368 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in December 2019.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Temporary Easement SST-T06 Across PPN 105-35-001 0.6120 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 367. Also being part of the land conveyed to City of Cleveland as recorded in Volume 563, Page 196 of the Cuyahoga County Records, being more definitely described as follows;

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

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Thence, along the northerly right of way of CSX Transportation, North 55° 54' 00" East, 3153.89 feet;

Thence, leaving said northerly right of way, South 72° 35' 37" West, 384.52 feet;

Thence, along the arc of a curve which deflects to the left, 309.82 feet, said curve having a radius of 1015.00 feet, a central angle of 17° 29' 21", and a chord of 308.62 feet which bears South 63° 50' 56" West;

Thence, South 55° 06' 16" West, 202.67 feet to the True Point of Beginning for the easement herein described;

Thence, continuing South 55° 06' 16" West, 91.91 feet;

Thence, along the arc of a curve which deflects to the left, 138.42 feet, said curve having a radius of 405.91 feet, a central angle of 19° 32' 21", and a chord of 137.75 feet which bears North 17° 51' 07" East;

Thence, North 07° 32' 27" East, 292.44 feet;

Thence, North 25° 46' 35" West, 28.05 feet;

Thence, South 82° 28' 57" East, 93.35 feet;

Thence, South 42° 12' 08" West, 64.82 feet;

Thence, South 07° 13' 12" West, 118.41 feet;

Thence, North 56° 18' 49" East, 123.99 feet;

Thence, North 40° 26' 15" East, 44.80 feet;

Thence, South 14° 30' 30" East, 75.47 feet;

Thence, North 86° 04’ 52" West, 31.18 feet;

Thence, South 56° 18' 49" West, 152.24 feet;

Thence South 07° 08' 39" West, 164.78 feet to the point of beginning.

Containing within said bounds 0.6120 acres (26,659 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

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Gordon Park Temporary Easement SST-T07 Across PPN 105-35-001 1.1748 Acres

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 107.43 feet;

Thence, leaving said easterly right of way, North 55° 06' 16" East, 1558.71 feet to the True Point of Beginning for the easement herein described;

Thence, continuing North 55° 06' 16" East, 77.70 feet;

Thence, South 34° 17’ 41” East, 3.33 feet;

Thence, South 37° 34' 31" West, 59.76 feet;

Thence, South 52° 10' 09" East, 57.00 feet;

Thence, North 37° 34' 31" East, 199.41 feet;

Thence, North 34° 53' 44" West, 15.70 feet;

Thence, North 55° 06' 16" East, 404.08 feet;

Thence, along the arc of a curve which deflects to the right, 106.63 feet, said curve having a radius of 365.38 feet, a central angle of 16° 43' 17", and a chord of 106.26 feet which bears South 18° 11' 12" West;

Thence, South 26° 49' 37" West, 50.57 feet;

Thence, South 43° 23' 49" West, 68.24 feet;

Thence, South 55° 35' 02" West, 279.26 feet;

Thence, South 32° 57' 51" East, 9.12 feet;

Thence, South 55° 44' 14" West, 195.71 feet;

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Thence North 34° 09' 37" West, 61.70 feet;

Thence North 55° 50' 24" East, 38.35 feet;

Thence North 34° 09' 36" West, 45.04 feet to the point of beginning.

Containing within said bounds 1.1748 acres (51,175 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Temporary Easement SST-T08 Across PPN 105-35-001 1.9261 Acres

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 143.79 feet;

Thence, leaving said easterly right of way, North 55° 06' 16" East, 1644.10 feet;

Thence, along the arc of a curve which deflects to the left, 43.09 feet to the True Point of Beginning for the easement herein described, said curve having a radius of 318.04 feet, a central angle of 07° 45' 45", and a chord of 43.06 feet which bears North 28° 03' 00" East;

Thence, along the arc of a curve which deflects to the left, 180.37 feet, said curve having a radius of 300.33 feet, a central angle of 34° 24' 36", and a chord of 177.67 feet which bears North 06° 44' 04" East;

Thence, North 88° 41' 37" East, 52.82 feet;

Thence, North 01° 32' 25" West, 258.44 feet;

Thence, North 89° 13' 12" East, 229.12 feet;

Thence, South 00° 51' 56" East, 218.68 feet;

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Thence, North 89° 08' 04" East, 52.36 feet;

Thence, South 55° 06' 16" West, 331.34 feet;

Thence, North 34° 53' 44" West, 19.58 feet;

Thence South 55° 06' 16" West, 83.49 feet to the point of beginning.

Containing within said bounds 1.9261 acres (83,900 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Gordon Park Temporary Easement SST-T10 Across PPN 105-35-001 0.2491 Acres

Commencing at the intersection of the easterly right of way of East 72nd Street (100 feet wide) and the northerly right of way of CSX Transportation;

Thence, along the easterly right of way of East 72nd Street, North 00° 29’ 22” West, 441.94 feet to the True Point of Beginning for the easement herein described;

Thence, continuing along said easterly right of way, North 00° 29' 22" West, 66.93 feet;

Thence, leaving said easterly right of way, South 35° 08' 03" East, 13.83 feet;

Thence, South 64° 53' 07" East, 18.41 feet;

Thence, South 89° 26' 22" East, 57.69 feet;

Thence, South 79° 47' 27" East, 67.34 feet;

Thence, South 76° 00' 37" East, 252.54 feet;

Thence, South 55° 06' 16" West, 37.35 feet;

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Thence, North 75° 17' 48" West, 176.98 feet;

Thence, North 77° 22' 00" West, 92.87 feet;

Thence, North 86° 08' 04" West, 38.63 feet;

Thence, South 85° 51' 55" West, 43.34 feet;

Thence, South 46° 58' 30" West, 25.78 feet to the point of beginning.

Containing within said bounds 0.2491 acres (10,851 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Grdina Park Temporary Easement SST-T20 Across PPN 105-06-005, 105-06-006, 105-06-007, 105-06-008, 105-06- 009, 105-06,010, 105-06-011, 105-06-012, 105-07-039 & 105-07-040 0.9722 Acres

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original One Hundred Acre Lot No. 346. Also being part of the land conveyed to the City of Cleveland as recorded in Volume 6061, Page 217, Volume 6091, Page 530, Volume 6091, Page 531, Volume 6091, Page 533, Volume 6205, Page 635, Volume 6252, Page 131, Volume 6405, Page 6, Volume 6419, Page 319, Volume 6647, Page 707 and Volume 6647, Page 705 of the Cuyahoga County Records, being more definitely described as follows;

Beginning at the intersection of the westerly right of way of East 61st Street (50 feet wide) and the northerly right of way of Grdina Avenue (40 feet wide);

Thence, North 31° 20' 58" West, 60.00 feet;

Thence, South 58° 08' 29" West, 111.41 feet;

Thence, North 89° 15' 07" West, 28.45 feet to the westerly line of said land conveyed to the City of Cleveland;

Thence, along said westerly line, North 00° 53' 00" West, 209.06 feet to the northerly line of said land conveyed to the City of Cleveland;

Thence, along said northerly line, North 89° 07' 00" East, 67.12 feet;

Thence, continuing along said northerly line, North 58° 08' 29" East, 37.53 feet;

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Thence, leaving said northerly line, South 31° 56' 33" East, 38.56 feet;

Thence, North 89° 44' 22" East, 110.12 feet;

Thence, South 32° 32' 18" East, 77.32 feet to the northerly right of way of Grdina Avenue;

Thence, along said northerly right of way, South 40° 39' 13" West, 154.60 feet;

Thence, continuing along said northerly right of way, South 58° 08' 29" West, 15.14 feet to the point of beginning.

Containing within said bounds 0.9722 acres (42,349 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in January 2020.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North.

Section 3. That by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to convey the above-described easement interests to the NEORSD subject to any conditions stated in this ordinance at an appraised price of $547,400.00, and other valuable consideration which is determined to be fair market value.

Section 4. That the purpose of the easements shall be for the implementation of NEORSD’s SST Project; and that said improvements shall be subterranean and also include surface and/or subsurface improvements at shaft sites.

Section 5. That the duration of the easements described in Section 1 shall be perpetual; that the duration of the temporary easements shall not exceed four years; that the easements and temporary easements may include reasonable right of entry rights to the City; that the easements and temporary easements shall not be assignable without the consent of the Director of Public Works; that the easements and temporary easements shall require that the NEORSD provide reasonable insurance, and pay any applicable taxes and assessments caused by their usage of the easement properties.

Section 6. That the conveyances referred to above shall be made by official deeds of easement and official deeds of temporary easement prepared by the Director of Law and executed by the Director of Public Works on behalf of the City of Cleveland. The deeds of easement and the deeds of temporary easement shall contain any additional terms and conditions as are required to protect the interest of the City. The Directors of Public Works and Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect this ordinance.

Section 7. That the Director of Public Works is authorized to allocate $400,000 of the sale proceeds to finance park improvements at Forest Hills Park and $147,400 of the

First Reading Emergency Ordinances Referred Ord. No. 659-2021 Official Proceedings – City Council August 20, 2021 The City Record 52 sale proceeds to finance park improvements at Gordon Park; and that the funds are appropriated solely for the purposes described above.

Section 8. That the Director of Public Works is authorized to enter into an agreement with NEORSD to accept the gift of cash in the amount of $100,000 to finance park improvements at Forest Hills Park; that the Director is authorized to file all papers and execute all documents necessary to receive the funds; and that the funds are appropriated solely for the purposes described above.

Section 9. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Public Works; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and Development Planning and Sustainability; and Finance.

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Ordinance No. 660-2021

By Council Members: Griffin and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more contracts of a propane-fired training system and various training props, for the Division of Fire, Department of Public Safety for a period of one year, with two one-year options to renew, 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 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: a propane-fired training system and various training props, to be purchased by the Commissioner of Purchases and Supplies for a gross price, for the Division of Fire, Department of Public Safety, for a period of one year, with two one-year options to renew, exercisable by the Director of Public Safety.

Section 2. That under Section 108(b) 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 3. That the cost of the contract or contracts authorized shall be paid from Fund No. 01-6003-6962 and from the fund or funds to which are credited the proceeds from the sale of future bonds, if issued for this purpose, Request No. RQS 6003, RLA 2021-56.

Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.

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Ordinance No. 681-2021

By Council Member: Kelley

An emergency ordinance authorizing the Director of Finance to enter into one or more agreements with the Greater Cleveland Food Bank, Inc. to assist them with capital improvements associated with the new center on Coit Road and the existing facility on South Waterloo Road, to be executed no later than December 31, 2024, and funds expended by June 1, 2026.

WHEREAS, to respond to the COVID-19 public health crisis, The American Rescue Plan Act of 2021 (ARPA) is providing fast and direct economic assistance for American workers, families, small businesses, and industries. The ARPA continues many of the programs started by the CARES Act (2020) and Consolidated Appropriations Act (2021) by adding new phases, new allocations, and new guidance to address issues related to the continuation of the COVID-19 pandemic. As a result of this economic crisis, the U.S. Department of the Treasury (“Treasury Department”) is providing needed relief to state, local, and Tribal governments to enable them to continue to support the public health response and lay the foundation for a strong and equitable economic recovery; and

WHEREAS, the Treasury Department Interim Final Rule allows ARPA funds to be used for food assistance; and

WHEREAS, during October 2019 – September 2020, the Greater Cleveland Food Bank, Inc. (“Cleveland Food Bank”) provided emergency assistance to one-half of Cleveland residents and reached nearly 87% of income-eligible residents within the City; and

WHEREAS, the Cleveland Food Bank is constructing a new Coit Road Facility to, among other items, expand the production kitchen and cold storage and distribution space, add additional dry storage, and purchase new equipment, and is renovating its South Waterloo facility, to better serve individuals with nutritious food that they need every day.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department and constitutes an emergency measure providing for the immediate preservation of the public peace, property, health and safety in the timely authorization and the signing of the necessary agreements and documents to expend ARPA funds; 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 agreements with the Cleveland Food Bank to assist them with their capital improvement needs associated with construction of the newly expanded community distribution center to house all Cleveland Food Bank intake, distribution and production capacities

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located at 13815 Coit Road and for renovations of facility located at 15500 South Waterloo Road to include a healthy client choice food pantry and other critical services.

Section 2. That the Director of Law is authorized to prepare the agreements and other documents that may be appropriate to complete the transaction.

Section 3. That the costs of the agreements shall not exceed $5,000,000 and shall be paid from the fund or funds to which are deposited ARPA funding and other funds approved by the Director of Finance. (RQS 1501, RLA 2021-57)

Section 4. That the agreements authorized shall be fully executed no later than December 31, 2024, and shall provide that all funds must be expended by June 1, 2026.

Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Finance; and Law; Committee on Finance.

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Ordinance No. 682-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance to amend Section 2 of Ordinance No. 129-2021, passed April 5, 2021, relating to entering into one or more amendments to Lease by Way of Concession Agreements with various car rental companies that operate rental car concessions at Cleveland Hopkins International Airport to amend the Guaranteed Minimum Privilege Fee for certain companies.

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 2 of Ordinance No. 129-2021, passed April 5, 2021, is amended as follows:

Section 2. That the amendments shall include changes to the Guaranteed Minimum Privilege Fee which shall be in effect for the following companies:

Company Annual Monthly March 1, 2021, March 1, 2021, September 1, Average through through 2021, through February 28, August 31, February 28, 2022 2021 2022

Enterprise $2,022,000 $134,800 $202,200 $168,500 $162,718 $148,759 Avis 743,000 49,533 74,300 61,917 59,335 54,434 Budget 607,000 40,467 60,700 50,583 49,876 45,171.50 Hertz 1,075,000 71,667 107,500 89,583 85,589 78,628 Dollar/Thrifty 455,000 30,333 45,500 37,917 36,758 33,545.50

Total $4,902,000 $326,800 $490,200 $408,500 $394,276 $360,538

Current 2020 Minimum Annual Guarantee $624,744

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2021 vs. 2020 -48% -22% -37% -35% -42%

Section 2. That existing Section 2 of Ordinance No. 129-2021, passed April 5, 2021, is repealed.

Referred to the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

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Ordinance No. 683-2021

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

An emergency ordinance authorizing the Director of Capital Projects to apply for and accept funding from the Ohio Department of Transportation for the preliminary alternative study of the Lakefront Pedestrian Bridge; authorizing the Director to apply for and accept gifts, grants, and other funding from other entities; to enter into contract with Osborn Engineering Company for traffic modeling and engineering services; authorizing other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements.

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 apply for and accept state funding from the Ohio Department of Transportation (“ODOT”) for the following infrastructure preliminary alternative study: CUY 2-15.26 – Lakefront Pedestrian Bridge Connector to the Lakefront (the “Project”); that the Director is authorized to file all papers and execute all documents necessary to receive the funds; and that the funds are appropriated for the purposes described in this ordinance.

Section 2. That the Director of Capital Projects is authorized to apply for and accept gifts or grants or other funding from public or private entities for the Project; that the Director is authorized to file all papers and execute all documents necessary to receive the funds; and that the funds are appropriated for the purposes of this ordinance.

Section 3. That the City of Cleveland is obligated to provide cash matching funds in the amount of the local share.

Section 4. That the Director of Capital Projects is authorized to enter into one or more contracts with Osborn Engineering Company for professional services necessary for traffic modeling and preliminary engineering services necessary to arrive at the preferred roadway network to compliment the Project, in the estimated sum of $5,000,000.

Section 5. 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 implement the Project, including but not limited to, providing representation for the City and performing management services.

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The selection of the 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 6. 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, and permanent easements necessary to complete the Project. The consideration to be paid for the property and easements shall not exceed fair market value to be determined by the Board of Control.

Section 7. That the Director of Capital Projects 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 for the Project.

Section 8. That the Director of Capital Projects is authorized to enter into any agreements, including but not limited to work agreements and right of entry agreements, needed to implement the Project and to apply for permits, licenses, or other authorizations required by a regulatory agency or public authority to permit performance of the Project.

Section 9. That, when appropriate, the Director of Capital Projects is authorized to enter into one or more contracts with railroads, the Greater Cleveland Regional Transit Authority, the Northeast Ohio Regional Sewer District and other public or private entities to obtain services or to acquire property rights such as easements and licenses, necessary for the Project.

Section 10. That the Director of Capital Projects is authorized to enter into one or more agreements with the State necessary to complete the planning of the Project, which LPA-ODOT-Let agreements shall contain terms and conditions that the Director of Law determines shall best protect the public interest.

Section 11. Right-of-Way Statement. The City agrees to acquire and/or make available to ODOT, under current State and Federal regulations, all necessary right-of-way required for the Project.

Section 12. That the Director of Capital Projects is authorized to enter into contracts with ODOT pre-qualified consultants for the preliminary engineering phase of the Project and to enter into contracts with the Director of Transportation necessary to complete the Project. Upon the request of ODOT, the Director of Capital Projects is also

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authorized to assign all rights, title, and interests of the City to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.

Section 13. 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 ODOT’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 ODOT’s current design standards and that the consultant shall be responsible for ongoing consultant involvement during the Project.

Section 14. That the cost of the contracts, payments, property acquisition, agreements, or other expenditures authorized in this ordinance, shall be paid from the fund or funds to which are credited any gift, grant, or other funds received under this ordinance, the cash match, from cash contributions accepted and appropriated under this ordinance, Fund Nos. 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, 20 SF 592, 20 SF 597, 20 SF 702, and any other funds approved by the Director of Finance, including future bond funds if issued for this purpose. (RQS 0103, RLA 2021-52).

Section 15. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development Panning and Sustainability; and Finance.

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Ordinance No. 684-2021

By Council Members: Polensek, Bishop and Brancatelli (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects to issue one or more permits to Muldoon’s LLC, to encroach into the public right-of-way of East 185th Street by using and maintaining existing asphalt pavement, fence, brick wall and building canopy for their restaurant at the northwest corner of Villaview Road and East 185th 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 Capital Projects is authorized to issue a permit, revocable at the will of Council, to Muldoon’s, LLC 1020 East 185th Street, Cleveland, Ohio 44119, (“Permittee”), to encroach into the public right-of-way of East 185th Street by using and maintaining an existing asphalt pavement, fence, brick wall and building canopy for the restaurant at the northwest corner of Villaview Road and East 185th Street, at the following locations:

ENCROACHMENT PERMIT AREA A (Existing asphalt pavement, fence and brick wall)

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a part of East 185th Street, 70 feet wide and being further bounded and described as follows:

Beginning in the Westerly line of East 185th Street at the Northeasterly corner of land conveyed to Muldoon’s LLC (PPN 113-08-025) by deed recorded in AFN 201506220527 of Cuyahoga County Records, and known as being Sublot No. 5 in John Mozina’s Subdivision, of part of Original Euclid Township Tract No. 15, as shown by the recorded plat in Volume 95, Page 9 of Cuyahoga County Records;

Thence North 89°45’51” East, along Easterly extension of the Northerly line of aforesaid Mulldoon’s LLC land a distance of 12.66 feet to a point;

Thence South 00°21’08” East, a distance of 34.69 feet to a point of non-tangent curve;

Thence Southwesterly, along said curved line deflecting to the right an arc distance of 38.06 feet to the Westerly end of a curved turnout between the Westerly line of East 185th Street and the Northerly line of Mozina Drive, 40 feet wide, said curved line having a radius of 34.26 feet and a chord which bears South 64°41’45” West, 36.13 feet;

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Thence Northeasterly, along said curved turnout deflecting to the left an arc distance of 31.42 feet to a point of tangent in the Westerly line of East 185th Street, said curved line having a radius of 20.00 feet and a chord which bears North 44°45’51” East, 28.28 feet;

Thence North 0°14’09” West, along the Westerly line of East 185th Street a distance of 30.00 feet to the place of beginning and containing 597 square feet of land, as described by Stephen Hovancsek & Associates, Inc., in June, 2021 under the direction of Thomas Cappello, Registered Surveyor No. 7880, State of Ohio, be the same more or less but subject to all legal highways.

The basis of bearing for this description is Ohio State Plane, North Zone, NAD 83 and used to denote angles only.

ENCROACHMENT PERMIT AREA B (Existing building canopy)

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a part of East 185th Street, 70 feet wide and being further bounded and described as follows:

Beginning in the Westerly line of East 185th Street, also being the Easterly line of land conveyed to Muldoon’s LLC (PPN 113-09-001) by deed recorded in AFN 201509020276 of Cuyahoga County Records, of part of Original Euclid Township Tract No. 15, at the Southerly end of a curved turnout between aforesaid Westerly line and the Southerly line of Mozina Drive, 40 feet wide;

Thence Northwesterly, along said curved turnout deflecting to the left an arc distance of 16.78 feet to a point, said curved line having a radius of 20.00 feet and a chord which bears North 24°16’25” West, 16.29 feet;

Thence North 45°10’00” East, a distance of 6.00 feet to a point;

Thence South 44°50’00” East, a distance of 8.00 to a point;

Thence South 13°24’36” West, a distance of 13.79 feet to the place of beginning and containing 74 square feet of land, as described by Stephen Hovancsek & Associates, Inc., in June, 2021 under the direction of Thomas Cappello, Registered Surveyor No. 7880, State of Ohio, be the same more or less but subject to all legal highways.

The basis of bearing for this description is Ohio State Plane, North Zone, NAD 83 and used to denote angles only.

ENCROACHMENT PERMIT AREA C (Existing asphalt pavement and fence)

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Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a part of East 185th Street, 70 feet wide and being further bounded and described as follows:

Beginning in the intersection of the Westerly line of aforementioned East 185th Street and the Northwesterly line of Villaview Road, width varies, also being the Southeasterly corner of land conveyed to Muldoon’s LLC, (PPN 113-09-001) by deed recorded in AFN 201509020276 of Cuyahoga County Records, of part of Original Euclid Township Tract No. 15;

Thence North 0°14’09” West, along the Westerly line of aforesaid East 185th Street a distance of 100.89 feet to a point;

Thence North 89°37’33” East, a distance of 12.68 feet to a point;

Thence South 0°22’27” East, a distance of 80.75 feet to a point;

Thence South 21°34’17” West, a distance of 43.56 feet to a point;

Thence South 68°54’45” West, a distance of 108.41 feet to a point in the Southerly extension of a Northerly line of aforesaid Villaview Road;

Thence North 2°43’31” West, a distance of 8.87 feet, along said Southerly extension and continuing along the Northerly line of Villaview Road an angle point therein, also being the Southerly line of aforesaid Muldoons LLC land;

Thence North 64°18’03” East, along said Northerly line of Villaview Road a distance of 116.30 feet to the place of beginning and containing 2,696 square feet of land, as described by Stephen Hovancsek & Associates, Inc., in June, 2021 under the direction of Thomas Cappello, Registered Surveyor No. 7880, State of Ohio, be the same more or less but subject to all legal highways.

The basis of bearing for this description is Ohio State Plane, North Zone, NAD 83 and used to denote angles only.

Legal Description approved by Eric B. Westfall, P.S., Acting Section Chief, Plats, Surveys and House Numbering Section.

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

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ordinance shall conform to plans and specifications first 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, before installing the encroachment(s).

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s).

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and Development Panning and Sustainability.

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Ordinance No. 685-2021

By Council Members: Spencer, Bishop and Brancatelli (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to the Greater Cleveland Regional Transit Authority to encroach into the public rights-of-way of West 63rd Place, Corona Court and Lawn Avenue by installing, using, and maintaining a sanitary sewer force main from the existing substation building to the existing sewer along Lawn Avenue.

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

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

Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to The Greater Cleveland Regional Transit Authority, 1240 West 6th Street, Ohio 44113-1302, (“Permittee”), to encroach into the public rights-of-way of West 63rd Place, Corona Court and Lawn Avenue by installing, using, and maintaining a sanitary sewer force main from the existing substation building to the existing sewer along Lawn Avenue at the following location:

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original Brooklyn Township Lot No. 33, being more definitely described as follows;

Beginning at the intersection of the northerly right of way of Lawn Avenue (60 feet wide) and the easterly right of way of West 63rd Place (12 feet wide);

Thence, South 24° 11' 16" East, 30.00 feet to the centerline of Lawn Avenue;

Thence, along the centerline of Lawn Avenue, South 65° 48' 44" West, 6.00 feet;

Thence, leaving said centerline, North 24° 11' 16" West, 138.90 feet;

Thence, North 20° 48' 44" East, 32.67 feet;

Thence, North 65° 48' 44" East, 71.17 feet;

Thence, North 00° 04' 30" East, 7.68 feet to the northerly right of way of Corona Court (14 feet wide);

Thence, along the northerly right of way of Corona Court, North 65° 48' 44" East, 7.68 feet;

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Thence, leaving said northerly right of way, South 00° 04' 30" West, 15.36 feet to the southerly right of way of Corona Court;

Thence, along the southerly right of way of Corona Court the following two courses;

South 65° 48' 44" West, 72.79 feet;

Thence, South 20° 48' 44" West, 28.28 feet to the easterly right of way of West 63rd Place;

Thence, along the easterly right of way of West 63rd Place, South 24° 11' 16" East, 105.00 feet to the point of beginning.

Containing within said bounds 0.0372 acre (1,620 square feet) of land as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No. 7730 in May, 2021.

Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North

Legal Description approved by Eric B. Westfall, P.S., Acting Section Chief, Plats, Surveys and House Numbering Section.

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 first 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, before installing the encroachment(s).

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s).

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and

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Development Panning and Sustainability.

First Reading Emergency Ordinances Referred Ord. No. 685-2021 Official Proceedings – City Council August 20, 2021 The City Record 68

Ordinance No. 686-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Lease Agreement No. NF 2018-021 with Federal Express Corporation for building and land used as office, warehouse, and various parking facilities for vehicles and aircraft for the operation of a retail shipping and air freight service facility located at 5701 Postal Road; and to amend the contract to change certain terms of the contract.

WHEREAS, under the authority of Ordinance No. 24-17, passed January 30, 2017, the Director of Port Control entered into Lease Agreement No. NF 2018-021 with Federal Express Corporation (“Fed Ex”) for building and land used as office, warehouse, and various parking facilities for vehicles and aircraft for the operation of a retail shipping and air freight service facility located at 5701 Postal Road; and

WHEREAS, Ordinance No. 24-17 requires further legislation before exercising the first option to renew on this contract; and

WHEREAS, for the use of the Leased premises, Fed Ex shall pay the City an annual fee as specified in the contract; and

WHEREAS, the Department of Port Control and Fed Ex have agreed to make mutually beneficial changes to Lease Agreement No. NF 2018-021; and

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

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

Section 1. That the Director of Port Control is authorized to exercise the first option to renew Lease Agreement No. NF 2018-021 with Fed Ex for building and land used as office, warehouse, and various parking facilities for vehicles and aircraft for the operation of a retail shipping and air freight service facility located at 5701 Postal Road. This ordinance constitutes the additional legislative authority required by Ordinance No. 24-17 to exercise this option.

Section 2. That the Director of Port Control is authorized to enter into an amendment to Lease Agreement No. NF 2018-021 with Fed Ex to increase the leased premises by an additional .42 acres for the purposes described above. All other terms and conditions of the original lease shall remain the same.

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

First Reading Emergency Ordinances Referred Ord. No. 686-2021 Official Proceedings – City Council August 20, 2021 The City Record 69

shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 686-2021 Official Proceedings – City Council August 20, 2021 The City Record 70

Ordinance No. 687-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Lease Agreement No. LS 2019-006 with AvAir Pros Services for the purpose of operating and maintaining the inline baggage handling system at Cleveland Hopkins International Airport; and to amend the contract to change certain terms of the contract.

WHEREAS, under the authority of Ordinance No. 84-2019, passed January 28, 2019, the Director of Port Control entered into Lease Agreement No. LS 2019-006 with AvAir Pros Services (“AvAir”) for the purpose of operating and maintaining the inline baggage handling system at Cleveland Hopkins International Airport; and

WHEREAS, Ordinance No. 84-2019 requires further legislation before exercising the first option to renew on this contract; and

WHEREAS, for the use of the Leased premises, AvAir shall pay the City an annual fee as specified in the contract; and

WHEREAS, the Department of Port Control and AvAir have agreed to make mutually beneficial changes to Lease Agreement No. LS 2019-006; and

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

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

Section 1. That the Director of Port Control is authorized to exercise the first option to renew Lease Agreement No. LS 2019-006 with AvAir for the purpose of operating and maintaining the inline baggage handling system at Cleveland Hopkins International Airport. This ordinance constitutes the additional legislative authority required by Ordinance No. 84-2019 to exercise this option.

Section 2. That the Director of Port Control is authorized to enter into an amendment to Lease Agreement No. LS 2019-006 with AvAir to reduce the leased premises by 355 square feet for the purpose of operating and maintaining the inline baggage handling system at Cleveland Hopkins International Airport. All other terms and conditions of the original lease shall remain the same.

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Referred to the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 687-2021 Official Proceedings – City Council August 20, 2021 The City Record 72

Ordinance No. 688-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Lease Agreement No. LS 2019-016 with RAS Aviation, LLC dba Zone Aviation for the purpose of operating a flight training school and providing aircraft management and pilot support services at Burke Lakefront Airport.

WHEREAS, under the authority of Ordinance No. 918-18, passed October 8, 2018, the Director of Port Control entered into Lease Agreement No. LS 2019-016 with RAS Aviation, LLC dba Zone Aviation for the purpose of operating a flight training school and providing aircraft management and pilot support services at Burke Lakefront Airport; and

WHEREAS, Ordinance No. 918-18 requires further legislation before exercising the first option to renew on this contract; and

WHEREAS, for the use of the Leased premises, RAS Aviation, LLC dba Zone Aviation shall pay the City an annual fee as specified in the 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 Port Control is authorized to exercise the first option to renew Lease Agreement No. LS 2019-016 with RAS Aviation, LLC dba Zone Aviation for the purpose of operating a flight training school and providing aircraft management and pilot support services at Burke Lakefront Airport. This ordinance constitutes the additional legislative authority required by Ordinance No. 918-18 to exercise this option.

Referred to the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

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Ordinance No. 689-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Contract No. RCD 2019-11 with Wadsworth & Associates, Inc. for labor and materials needed to maintain, repair, and expand the integrated access control security and CCTV systems, for the various divisions of the Department of Port Control.

WHEREAS, under the authority of Ordinance No. 680-2019, passed July 24, 2019, the Director of Port Control entered into Contract No. RCD 2019-11 with Wadsworth & Associates, Inc. for labor and materials needed to maintain, repair, and expand the integrated access control security and CCTV systems, for the various divisions of the Department of Port Control; and

WHEREAS, Ordinance No. 680-2019 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 Port Control is authorized to exercise the first option to renew Contract No. RCD 2019-11 with Wadsworth & Associates, Inc. for the requirements for an additional year of the labor and materials needed to maintain, repair, and expand the integrated access control security and CCTV systems, for the various divisions of the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No. 680-2019 to exercise this option.

Referred to the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

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Ordinance No. 690-2021

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

An emergency ordinance authorizing the Director of Capital Projects and/or City Planning to enter into one or more contracts with DFALT LLC for professional services necessary for the design, production, and installation of a yet-to-be designed public artwork associated with, and installed at, the renovated Kovacic Recreation Center.

WHEREAS, the City desires to install new artwork at the renovated Kovacic Recreation Center; and

WHEREAS, under Chapter 186 of the Codified Ordinances of Cleveland, Ohio, 1976, artists are selected by the City Planning Commission through its Public Art Committee, and are based upon a specific concept; and

WHEREAS, however, artist DFALT LLC was selected by the Public Art Committee and approved by the City Planning Commission based upon qualifications and agreement to develop a public art concept specific to and appropriate to the renovated Kovacic Recreation Center after receiving input from interested parties, which could include, but not necessarily be limited to, city staff and elected officials, neighborhood residents, other stakeholders, and other appropriate groups; 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 the provisions of Chapter 186 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Capital Projects and/or City Planning is authorized to enter into one or more contracts with DFALT LLC for professional services necessary for the design, production, and installation of a yet-to-be designed public artwork associated with, and installed at, the renovated Kovacic Recreation Center, for the Office of Capital Projects and/or the Department of City Planning under the Public Art Program as more fully described in Chapter 186.

Section 2. That the final design of the artwork referenced above shall be approved by the City Planning Commission.

Section 3. That to the extent any part of this ordinance conflicts with Chapter 186, this ordinance shall control for this public artwork project.

First Reading Emergency Ordinances Referred Ord. No. 690-2021 Official Proceedings – City Council August 20, 2021 The City Record 75

Section 4. That the contract or contracts shall not exceed $64,000 and shall be paid from Fund Nos. 20 SF 552, 20 SF 558, 20 SF 561, 20 SF 565, 20 SF 572, 20 SF 577, 20 SF 584, 20 SF 590, 20 SF 595, and 20 SF 700. (RQS 0103, RLA 2020-41).

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development Panning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 690-2021 Official Proceedings – City Council August 20, 2021 The City Record 76

Ordinance No. 691-2021

By Council Member: Kelley

An emergency ordinance authorizing the Director of Finance to employ one or more professional consultants, computer software developers, or vendors to provide and/or develop a broadband network on a citywide basis, to acquire licenses, program managing, and other professional services necessary to implement this ordinance; accepting gifts and grants; and authorizing other agreements, for the Division of Information Technology and Services, Department of Finance.

WHEREAS, to respond to the COVID-19 public health emergency, The American Rescue Plan Act of 2021 (ARPA) is providing fast and direct economic assistance for American workers, families, small businesses, and industries. The ARPA continues many of the programs started by the CARES Act (2020) and Consolidated Appropriations Act (2021) by adding new phases, new allocations, and new guidance to address issues related to the continuation of the COVID-19 pandemic. As a result of this economic crisis, the U.S. Department of the Treasury (“Treasury Department”) is providing needed relief to state, local, and Tribal governments to enable them to continue to support the public health response and lay the foundation for a strong and equitable economic recovery; and

WHEREAS, the COVID-19 emergency has highlighted the importance of universally available, high-speed, reliable, and affordable broadband coverage as individuals rely on the internet to participate in, among other items, remote school, healthcare and work; and

WHEREAS, recognizing this need for connectivity, the Treasury Department Interim Final Rule allows ARPA funds to be used to make necessary investments in broadband infrastructure; and

WHEREAS, additional resources need to be allocated to the City’s broadband infrastructure to provide internet services to underserved areas in the City and to provide computer and digital training to City residents, especially senior citizens; and

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

Section 1. That the Director of Finance is authorized to employ by one or more consultants, computer software developers, or vendors or one or more firms of

First Reading Emergency Ordinances Referred Ord. No. 691-2021 Official Proceedings – City Council August 20, 2021 The City Record 77 consultants, computer software developers, or vendors for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland to provide and/or develop a broadband network on a citywide basis (the “Project”) and to acquire licenses and other professional services necessary to implement the Project, including but not limited to, installing, designing, training, testing, programming, integrating, managing connections, maintenance, technical support, and acquiring network equipment and incidental supplies, for the Division of Information Technology and Services, Department of Finance.

Section 2. That the Director of Finance is authorized to employ by one or more consultants or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland to provide program management services relating to the development, implementation, and continued operations of the Project, for the Division of Information Technology and Services, Department of Finance.

Section 3. That the Director of Finance is authorized to employ by one or more consultants or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland to provide computer and digital training to City residents, for the Division of Information Technology and Services, Department of Finance.

Section 4. That the selection of the consultants, computer software developers, or vendors or firms of consultants, computer software developers, or vendors for the above-referenced professional services shall be made by the Board of Control on the nomination of the Director of Finance from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Finance 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, and certified by the Director of Finance.

Section 5. That the Director of Finance is authorized to make one or more written standard purchase contracts and written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for a period not to exceed five years, for the necessary items of materials, equipment, supplies, and services not obtained under the professional services contracts authorized in this ordinance, including labor and installation if necessary, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Division of Information Technology and Services, Department of Finance. 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.

Section 6. That the Director of Finance is authorized to enter into any third-party software license agreements that are necessary to implement this ordinance.

Section 7. That the costs of the requirement contract or contracts shall be charged against the proper appropriation accounts and the Director of Finance shall certify the

First Reading Emergency Ordinances Referred Ord. No. 691-2021 Official Proceedings – City Council August 20, 2021 The City Record 78

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.

Section 8. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Finance 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 9. That, notwithstanding the provisions of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Finance is authorized to enter into agreements necessary for the purpose of mounting network hardware, and for other reasons, on public and private property.

Section 10. That the Director of Finance is authorized to apply for and accept grants and gifts from any public or private entity for the Project; that the Director is authorized to file all papers and execute all documents necessary to receive the funds; and that the funds are appropriated for the purposes of this ordinance.

Section 11. That the contracts authorized shall be fully executed no later than December 31, 2024, and that all services and products under such contracts paid from ARPA funding must be provided and accepted by the City no later than June 1, 2026.

Section 12. That the costs of the contract or contracts authorized shall be paid from the fund or funds to which are deposited ARPA funding, the fund or funds to which are credited any grant and gift received, and other funds approved by the Director of Finance. (RQS 1511, RLA 2021-58).

Section 13. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Finance; and Law; Committee on Finance.

First Reading Emergency Ordinances Referred Ord. No. 691-2021 Official Proceedings – City Council August 20, 2021 The City Record 79

Ordinance No. 692-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to employ one or more professional consultants to perform various services needed for on-going mandatory environmental compliance for the Department of Port Control; to acquire licenses for compliance; and authorizing the Director to enter into various written standard purchase and requirement contracts, for materials, equipment, supplies, services, and training necessary to effectuate this ordinance, for a period of five years, effective January 1, 2022.

WHEREAS, the Department of Port Control is required to comply with environmental requirements in order to maintain operating status and to avoid serious penalties for non-compliance; and

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

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

Section 1. That the Director of Port Control is authorized to enter into one or more standard purchase or requirement contracts for a period of five years duly let to the lowest and best bidder after competitive bidding for materials, equipment, supplies, services, and training necessary to comply with local, state, and federal environmental requirements necessary to maintain operating status and to avoid serious penalties for non-compliance at Hopkins International Airport, Burke Lakefront Airport, and the Division of Harbors, Department of Port Control.

Section 2. That the Director of Port Control 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 on-going professional services necessary to comply with local, state, and federal environmental requirements necessary to maintain operating status and to avoid serious penalties for non-compliance at Hopkins International Airport, Burke Lakefront Airport, and the Division of Harbors, Department of Port Control, for a period of five years.

Section 3. That the Director of Port Control is authorized to acquire by contract or contracts with one or more software developers or vendors or one or more firms of software developers or vendors, the software licenses, upgrades, technical support, and maintenance necessary to develop and maintain hosting environmental management systems at the Department of Port Control, including Cleveland Hopkins International Airport, Burke Lakefront Airport, and the Division of Harbors, for the purposes of this section, for a period of five years.

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Section 4. That the selection of the consultant, consultants, computer software developers, or vendors or firms of consultants, computer software developers or vendors made under this ordinance shall be made by the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Port Control 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 Port Control, and certified by the Director of Finance.

Section 5. That the Director of Port Control is authorized to execute, in connection with the purchase of computer hardware under this section, one or more third-party license agreements for software required for use of that hardware, directly with a firm or firms other than the hardware vendor.

Section 6. That the costs of the requirement 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.

Section 7. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Port Control 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 8. That contracts authorized under this ordinance shall be entered into between January 1, 2022, and December 31, 2026.

Section 9. That the cost of any standard contract, software acquisition, or professional services contract or contracts authorized by this ordinance shall be paid from Fund No. 60 SF 001, RQS 3001, RLA 2021-55.

Referred to the Directors of Port Control; Finance; and Law; Committee on Transportation; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 692-2021 Official Proceedings – City Council August 20, 2021 The City Record 81

Ordinance No. 694-2021

By Council Member: Polensek

An emergency ordinance to supplement the Codified Ordinances of Cleveland, Ohio 1976 by enacting new Section 135.13, related to disclosure of police use of deadly force recordings.

WHEREAS, this Council recognizes that transparency facilitates increased trust between the City’s Division of Police and the citizens in the community; and

WHEREAS, public trust is necessary for effective law enforcement; and

WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public peace, property, health, or safety in that the prompt release of footage from a City recording device of police use of deadly force will further the goals of transparency and earned trust; now, therefore,

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

Section 1. That the Codified Ordinances are supplemented by enacting new Section 135.13 to read as follows:

Section 135.13 Disclosure of Police Use of Deadly Force Recordings

(a) Definitions. As used in this section:

(1) “City recording device” means a wearable camera system, dashcam, or other device capable of making a video recording that is issued to a police officer for use in the course of the officer’s official duties.

(2) “Dashcam” means a video-recording device installed in a City police vehicle by the City, or a City-authorized party, for the purpose of recording video in and around the vehicle.

(3) “Deadly force” means any action that is likely to cause or does cause death or serious physical harm to any person.

(4) “Extraordinary circumstances” means, but is not limited to, any one of the following: terrorist attack; mass-shooting incident; cyberattack; riot; strike; flooding; disruption of City operations by a natural disaster; disruption of City operations through loss of electrical power or other utility outage, or similar circumstances beyond the City’s control.

(5) “Footage” means that portion of a video recording made by a City recording device that documents an incident.

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(6) “Incident” means a police officer’s use of deadly force against a person or use of force resulting in serious physical harm to a person.

(7) “Petition” means a written request for the release of footage made pursuant to this section rather than the Ohio Public Records Act that reasonably describes the incident for which the request was made.

(8) “Petitioner” means an individual who has submitted a petition pursuant to this section.

(9) “Police officer” means any sworn law enforcement agent employed by or volunteering for the Division of Police, Department of Public Safety of the City of Cleveland, including a supervisor or reserve officer, that is engaged in his or her official duties.

(10) “Serious physical harm” means: any physical harm that carries a substantial risk of death; any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary substantial incapacity; any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement; or any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

(11) “Wearable Camera System” means a body worn digital recording device with secured internal memory for storage of recorded video and audio, which operates in two modes, buffering and event, that is issued by the City to a police officer, and that is designed to be worn or otherwise utilized by the police officer in the course of the officer’s duties.

(b) The Director of Public Safety, in consultation with the Chief of Police, shall release footage, redacted as consistent with applicable state and federal laws, within seven (7) days of any incident involving a police officer’s use of deadly force against a person or use of force causing serious physical harm to a person. The released footage shall be from at least three (3) City recording devices or, if the incident is recorded by fewer than three (3) such devices, the released footage shall be from all City recording devices that recorded the incident. The released footage shall begin at least sixty (60) seconds prior to the incident or at the beginning of the recording, whichever is shorter. Footage is released by making it publicly available on the City website.

(c) In addition to the footage released pursuant to division (b) of this section, the Director of Public Safety, in consultation with the Chief of Police, shall release all remaining footage of the incident, redacted as consistent with applicable state and federal laws, within thirty (30) days of the incident. The released footage shall begin at least sixty (60) seconds prior to the incident or at the beginning of

First Reading Emergency Ordinances Referred Ord. No. 694-2021 Official Proceedings – City Council August 20, 2021 The City Record 83

the recording, whichever is shorter. Footage is released by making it publicly available on the City website.

(d) Any person allegedly aggrieved by the failure of the Director of Public Safety and the Chief of Police to release footage as set forth in divisions (b) or (c) of this section may file a written petition with the Director of Law for the release of the footage. After receipt of the petition, the Director of Law shall determine whether the requested footage exists, and if such footage exists, shall cause it to be released within seven (7) days of receipt of the petition. Such release shall be in the same manner as set forth in divisions (b) or (c) of this section. If the requested footage does not exist or cannot be reasonably identified, the Director of Law shall notify the petitioner in writing within seven (7) days of receipt of the petition.

(e) The Director of Public Safety, the Chief of Police and the Director of Law are not required to release footage of an incident when the release is prohibited by court order or some other legal prohibition that requires denying the release of the footage.

A showing of the existence of a court order or other legal prohibition is a complete defense to any action made to compel the release of footage under this section.

(f) The requirement to release footage within the time frames set forth in divisions (b), (c) and (d) of this section does not apply in extraordinary circumstances, during which the release of requested footage shall be within a reasonable time.

(g) If a petitioner is allegedly aggrieved by the failure of the Director of Law to release footage as required under division (d) of this section, the aggrieved petitioner may file an action in mandamus against the Director of Law.

Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 694-2021 Official Proceedings – City Council August 20, 2021 The City Record 84

Ordinance No. 695-2021

By 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 Fairfax Renaissance Development Corp., or its designee, located on the west side of East 105th Street for the purpose of entering into the chain-of-title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code for the Innovation Square 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 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, Fairfax Renaissance Development Corp., 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:

Parcel No. 1

PPN: 121-18-032 Address: East 105th Street, Cleveland, Ohio 44128

Parcel No. 2.

PPN: 121-18-033 Address: 2240 East 105th Street Cleveland, OH 44106

Parcel No. 3.

PPN: 121-18-034 Address: 2242 East 105th Street, Cleveland, OH 44106

Parcel No. 4.

PPN: 121-18-035 Address: 2244 East 105th Street, Cleveland, OH 44106

First Reading Emergency Ordinances Referred Ord. No. 695-2021 Official Proceedings – City Council August 20, 2021 The City Record 85

Parcel No. 5.

PPN: 121-18-036 Address: 2250 East 105th Street, Cleveland, OH 44106

Parcel No. 6.

PPN: 121-18-037 Address: 2251 East 103rd Street, Cleveland, OH 44106

Parcel No. 7.

PPN: 121-18-038 Address: 2251 East 103rd Street, Cleveland, OH 44106

Parcel No. 8.

PPN: 121-18-039 Address: 2245 East 103rd Street, Cleveland, OH 44106

Parcel No. 9.

PPN: 121-18-040 Address: 2241 East 103rd Street, Cleveland, OH 44106

Parcel No. 10.

PPN: 121-18-041 Address: 2239 East 103rd Street, Cleveland, OH 44106

Parcel No. 11.

PPN: 121-18-042 Address: 2235 East 103rd Street, Cleveland, OH 44106

Parcel No. 12.

PPN: 121-19-071 Address: 2268 East 105th Street, Cleveland, OH 44128

Parcel No. 13.

PPN: 121-19-072 Address: 2262 East 105th Street, Cleveland, OH 44106

Parcel No. 14.

First Reading Emergency Ordinances Referred Ord. No. 695-2021 Official Proceedings – City Council August 20, 2021 The City Record 86

PPN: 121-19-073 Address: 2263 East 103rd Street, Cleveland, OH 44106

Parcel No. 15.

PPN: 121-19-074 Address: 2232 East 105th Street, Cleveland, OH 44106

Parcel No. 16.

PPN: 121-19-075 Address: 2259 East 103rd Street, Cleveland, OH 44106

Parcel No. 17.

PPN: 121-19-076 Address: 2263 East 103rd Street Cleveland, OH 44106

Parcel No. 18.

PPN: 121-19-077 Address: Vacant Land - East 103rd Street, Cleveland, OH 44106

Parcel No. 19.

PPN: 121-19-078 Address: 2267 E 103rd Street, Cleveland, OH 44106

Parcel No. 20.

PPN: 121-19-151 Address: East 105th Street, Cleveland, OH 44106

Parcel No. 21.

PPN: 121-19-154 Address: Vacant Land

Parcel No. 22.

PPN: 121-18-159 Address: 2250 East 105th Street, Cleveland, OH 44106

First Reading Emergency Ordinances Referred Ord. No. 695-2021 Official Proceedings – City Council August 20, 2021 The City Record 87

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 property.

Section 3. That this Council finds the conveyances are in compliance with Section 5709.41(B)(1) 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.

Referred to the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 695-2021 Official Proceedings – City Council August 20, 2021 The City Record 88

Ordinance No. 696-2021

By Council Members: Santana, 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 Levin Group, or its designee, known as the former Blanket Mills building on Fulton Road for the purpose of entering into the chain-of-title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code for the Northern Ohio Blanket Mills 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 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, Levin Group, 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 3160 W. 33rd Street, Cleveland, OH PPN# 007-32-001

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being Sublot # B in the Lot Split and Consolidation Map for Lin’s Omni World, Inc. as shown by the recorded plat in Volume 316 of Maps, Page 74 of Cuyahoga County Records, as appears by said plat, be the same more or less, but subject to all legal highways.

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 property and to employ and to cause Levin Group, 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 property.

First Reading Emergency Ordinances Referred Ord. No. 696-2021 Official Proceedings – City Council August 20, 2021 The City Record 89

Referred to the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 696-2021 Official Proceedings – City Council August 20, 2021 The City Record 90

Ordinance No. 697-2021

By Council Members: Santana, 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 Northeast Ohio Hispanic Center for Economic Development, or its designee, located in the West 25th Street and Clark Avenue area for the purpose of entering into the chain-of-title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code for the CentroVilla25 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 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, Northeast Ohio Hispanic Center for Economic Development, 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:

CentroVilla25 Parcel Numbers:

Parcel No. 1.

PPN: 007-33-040 Address: 3124 West 25th Street, Cleveland, Ohio 44109

Parcel No. 2.

PPN: 007-33-041 Address: 2689 Buckeye Court, Cleveland, Ohio 44109

Parcel No. 3.

PPN: 007-33-042 Address: 2701 Buckeye Court, Cleveland, Ohio 44109

Parcel No. 4.

PPN: 007-33-043

First Reading Emergency Ordinances Referred Ord. No. 697-2021 Official Proceedings – City Council August 20, 2021 The City Record 91

Address: 2705 Buckeye Court, Cleveland, Ohio 44109

Parcel No. 5.

PPN: 007-33-044 Address: V/L West 25th Street, Cleveland, Ohio 44109

Parcel Nos. 6 & 7.

PPN: 007-33-045 & 007-33-068 Address: 3140 West 25th Street, Cleveland, Ohio 44109

Parcel Nos. 8 & 9.

PPN: 007-33-046 & 007-33-047 3150 West 25th Street, Cleveland, Ohio 44109

Parcel No. 10.

PPN: 007-33-061 Address: 2537 Blatt Court, Cleveland, Ohio 44109

Parcel No. 11.

PPN: 007-33-067 Address: 2538 Blatt Court, Cleveland, Ohio 44109

Parcel No. 12.

PPN: 007-33-060 Address: V/L Blatt Court, Cleveland, Ohio 44109

Parcel No. 13.

PPN: 007-33-069 Address: V/L Buckeye Court, Cleveland, Ohio 44109

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 property and to employ and to cause Northeast Ohio Hispanic Center for Economic Development, 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 property.

Section 3. That this Council finds the conveyances are in compliance with Section 5709.41(B)(1) of the Revised Code and the proposed improvements constitute and are

First Reading Emergency Ordinances Referred Ord. No. 697-2021 Official Proceedings – City Council August 20, 2021 The City Record 92

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.

Referred to the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 697-2021 Official Proceedings – City Council August 20, 2021 The City Record 93

Ordinance No. 698-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with Northeast Ohio Hispanic Center for Economic Development, or its designee, to provide economic development assistance to partially finance the CentroVilla25 Project regarding the development of the West 25th Street and Clark Avenue area.

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 Northeast Ohio Hispanic Center for Economic Development, or its designee, to provide economic development assistance to partially finance the CentroVilla25 Project regarding the development of the West 25th Street and Clark Avenue area.

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 agreement authorized in this legislation will require the recipients of financial assistance to work with, and/or cause their tenants to work with, Ohio Means Jobs Cuyahoga County and City of Cleveland 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 grant shall not exceed an amount of $100,000 and shall be paid from Fund No. 17 SF 032, Request No. RQS 9501, RL 2021-64.

Referred to the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

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Ordinance No. 699-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a loan agreement with Fairfax Renaissance Development Corp., or its designee, to provide economic development assistance to partially finance the development of the Innovation Square mixed-use neighborhood project located on the west side of East 105th Street 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 into a loan agreement with Fairfax Renaissance Development Corp., or its designee, to provide economic development assistance to partially finance the development of the Innovation Square mixed-use neighborhood project located on the west side of East 105th Street 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. 699-2021-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 materially changed without additional legislative authority.

Section 3. That the costs of the loan agreement shall not exceed Two Million Dollars ($2,000,000), and shall be paid from Fund No. 17 SF 073, which funds are appropriated for this purpose, Request No. RQS 9501, RL 2021-62.

Section 4. That the Director of Economic Development is authorized to accept such collateral as set forth in the file referenced above in order to secure repayment of the loan. Any loan agreement, security instrument, or other document shall be prepared and approved by the Director of Law.

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 074.

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.

First Reading Emergency Ordinances Referred Ord. No. 699-2021 Official Proceedings – City Council August 20, 2021 The City Record 95

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.

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, Ohio Means Jobs Cuyahoga County and City of Cleveland 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.

Referred to the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 699-2021 Official Proceedings – City Council August 20, 2021 The City Record 96

Ordinance No. 700-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a loan agreement with the Levin Group, or its designee, to provide economic development assistance to partially finance the development of the former Blanket Mills building on Fulton Road 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 into a loan agreement with the Levin Group, or its designee, to provide economic development assistance to partially finance the development of the former Blanket Mills Building on Fulton Road 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. 700-2021-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 materially changed without additional legislative authority.

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 074.

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.

First Reading Emergency Ordinances Referred Ord. No. 700-2021 Official Proceedings – City Council August 20, 2021 The City Record 97

Section 9. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 700-2021 Official Proceedings – City Council August 20, 2021 The City Record 98

Ordinance No. 701-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into loan agreements with Northeast Ohio Hispanic Center for Economic Development, or its designee, to provide economic development assistance to support the CentroVilla25 Project regarding the development of the West 25th Street and Clark Avenue area.

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 up to two non-forgivable loan agreements with the Northeast Ohio Hispanic Center for Economic Development, or its designee, for one loan amount up to $650,000 and the other loan amount up to $1,000,000, to provide economic development assistance to support the CentroVilla25 Project regarding the development of the West 25th Street and Clark Avenue area.

Section 2. That the Director of Economic Development is authorized to enter a forgivable loan agreement with the Northeast Ohio Hispanic Center for Economic Development, or its designee, in an amount of $500,000, to provide economic development assistance to support the CentroVilla25 Project regarding the development of the West 25th Street and Clair Avenue area.

Section 3. That the executive summary for the loans, File No. 701-2021-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be materially changed without additional legislative authority.

Section 4. That the Director of Economic Development is authorized to accept such collateral as set forth in the file referenced above in order to secure repayment of the loans.

Section 5. That the Director of Economic Development is authorized to accept monies in repayment of the loans and to deposit the monies in Fund Nos. 17 SF 006 and 10 SF 557.

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 applications, closing and servicing of the loans. The fees shall be deposited to and expended from Fund No. 17 SF 305, Loan Fees Fund.

First Reading Emergency Ordinances Referred Ord. No. 701-2021 Official Proceedings – City Council August 20, 2021 The City Record 99

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.

Section 9. That the costs of any funding under this ordinance, including both forgivable and non-forgivable portions, shall not exceed $2,150,000, and shall be paid from Fund Nos. 17 SF 008 and 10 SF 555, Request No. RQS 9501, RL 2021-63.

Referred to the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 701-2021 Official Proceedings – City Council August 20, 2021 The City Record 100

Ordinance No. 702-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Fairfax Renaissance Development Corp., and/or its designee, to partially finance the development of the Innovation Square mixed-use neighborhood project located on the west side of East 105th Street; 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, pursuant to Ordinance authority, the City will have duly 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. 702-2021-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 Sections 5709.41(C)(4) and 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:

First Reading Emergency Ordinances Referred Ord. No. 702-2021 Official Proceedings – City Council August 20, 2021 The City Record 101

Section 1. That the improvements to be constructed by Fairfax Renaissance Development Corp., and/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:

Parcel No. 1

PPN: 121-18-032 Address: East 105th Street, Cleveland, Ohio 44128

Parcel No. 2.

PPN: 121-18-033 Address: 2240 East 105th Street, Cleveland, OH 44106

Parcel No. 3.

PPN: 121-18-034 Address: 2242 East 105th Street, Cleveland, OH 44106

Parcel No. 4.

PPN: 121-18-035 Address: 2244 East 105th Street, Cleveland, OH 44106

Parcel No. 5.

PPN: 121-18-036 Address: 2250 East 105th Street, Cleveland, OH 44106

Parcel No. 6.

PPN: 121-18-037 Address: 2251 East 103rd Street, Cleveland, OH 44106

Parcel No. 7.

PPN: 121-18-038 Address: 2251 East 103rd Street, Cleveland, OH 44106

Parcel No. 8.

PPN: 121-18-039 Address: 2245 East 103rd Street, Cleveland, OH 44106

Parcel No. 9.

First Reading Emergency Ordinances Referred Ord. No. 702-2021 Official Proceedings – City Council August 20, 2021 The City Record 102

PPN: 121-18-040 Address: 2241 East 103rd Street, Cleveland, OH 44106

Parcel No. 10.

PPN: 121-18-041 Address: 2239 East 103rd Street, Cleveland, OH 44106

Parcel No. 11.

PPN: 121-18-042 Address: 2235 East 103rd Street, Cleveland, OH 44106

Parcel No. 12.

PPN: 121-19-071 Address: 2268 East 105th Street, Cleveland, OH 44128

Parcel No. 13.

PPN: 121-19-072 Address: 2262 East 105th Street, Cleveland, OH 44106

Parcel No. 14.

PPN: 121-19-073 Address: 2263 East 103rd Street, Cleveland, OH 44106

Parcel No. 15.

PPN: 121-19-074 Address: 2232 East 105th Street, Cleveland, OH 44106

Parcel No. 16.

PPN: 121-19-075 Address: 2259 East 103rd Street, Cleveland, OH 44106

Parcel No. 17.

PPN: 121-19-076 Address: 2263 East 103rd Street, Cleveland, OH 44106

Parcel No. 18.

PPN: 121-19-077 Address: Vacant Land - East 103rd Street, Cleveland, OH 44106

First Reading Emergency Ordinances Referred Ord. No. 702-2021 Official Proceedings – City Council August 20, 2021 The City Record 103

Parcel No. 19.

PPN: 121-19-078 Address: 2267 E 103rd Street, Cleveland, OH 44106

Parcel No. 20.

PPN: 121-19-151 Address: East 105th Street, Cleveland, OH 44106

Parcel No. 21.

PPN: 121-19-154 Address: Vacant Land

Parcel No. 22.

PPN: 121-18-159 Address: 2250 East 105th Street, Cleveland, OH 44106

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 2054. The terms of the agreement, which shall not be materially changed without further legislative action by Council, will be as follows:

DEPARTMENT OF ECONOMIC DEVELOPMENT EXECUTIVE SUMMARY

Project: Innovation Square Address: E. 105th St. at Frank Avenue Ward: 6

As part of the development of the Opportunity Corridor and the Innovation Square/New Economy Neighborhood areas around E. 105th Street in the Fairfax neighborhood, Fairfax Renaissance Development Corp. has been leading a collaborative effort with McCormack Baron, a development group headquartered in St. Louis, to develop a residential building located on the west side of E. 105th Street on property largely owned by the City. Fairfax and the developer have formed a joint venture where Fairfax will receive a portion of the management and ownership interest in the property.

The project will consist of 80 units (20 450sf studios, 44 675sf 1BRs, and 161,000sf 2BRs). 56 units (70%) will be market rate and 24 units (30%) will be workforce housing, with eight each priced at 75, 85, and 95% of AMI. Along with the

First Reading Emergency Ordinances Referred Ord. No. 702-2021 Official Proceedings – City Council August 20, 2021 The City Record 104

neighboring development of the Meijer grocery store, this will be the first attempt to develop market-rate and workforce housing at scale outside of the downtown, University Circle and Near West side markets.

The development faces several challenges. First, market rents are not expected to reach the levels that have been reached in the hotter markets of the City and thus cannot subsidize the lower “workforce” rents. Second, because the project is not “affordable”, it is not eligible for LIHTC or a similar subsidy. Third, construction costs continue to increase during the COVID pandemic. Fourth, they have approximately $1,000,000 in site preparation costs as a result of foundations and geotechnical issues.

To assist with this project, the Department has recommended a non-school TIF and a $2,000,000 development loan.

Loan Terms Term: 30-Years Interest Rate: 0%, Years 1-10 2%, Years 11-30 Amortization: 20 Years, Starting in Year 11 Collateral: Shared Subordinate Position with County and Foundations

Est. TIF Value: $481,000

Estimated Sources & Uses

SOURCES USES PNC Bank Loan $2,600,000 Acquisition $750,000 Cleveland Clinic $10,000,000 Hard $19,020,000 Loan Construction PNC Bank OZ $8,100,000 Soft Costs $5,900,000 Equity Philanthropy $650,000 Predevelopment $1,000,000 (Gund/CLE Fdns) Costs City of Cleveland $2,000,000 Loan (Backed by TIF) Port Authority $320,000 Capital Lease Developer Equity $1,000,000 County* $2,000,000 TOTAL $26,670,000 TOTAL $26,670,000

Community Benefits: - Chapter 187 Applies - Chapter 188 Applies

First Reading Emergency Ordinances Referred Ord. No. 702-2021 Official Proceedings – City Council August 20, 2021 The City Record 105

- Project will be Prevailing Wage

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 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 the contract or contracts authorized by this ordinance shall be prepared by the Director of Law.

Section 9. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 702-2021 Official Proceedings – City Council August 20, 2021 The City Record 106

Ordinance No. 703-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Levin Group, and/or its designee, to partially finance the development of the former Blanket Mills building on Fulton Road; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose.

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. 703-2021-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, the District has been notified of the intent to enter into the agreement authorized by this ordinance in compliance with Sections 5709.41(C)(4) and 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:

First Reading Emergency Ordinances Referred Ord. No. 703-2021 Official Proceedings – City Council August 20, 2021 The City Record 107

Section 1. That the improvements to be constructed by Levin Group, and/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:

Legal Description 3160 W. 33rd Street, Cleveland, OH PPN# 007-32-001

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 is reflected on the tax duplicate; and that in no event shall the exemption period extend beyond 2054. The terms of the agreement, which shall not be materially changed without further legislative action by Council, will be as follows:

DEPARTMENT OF ECONOMIC DEVELOPMENT

EXECUTIVE SUMMARY

Project: Blanket Mills Redevelopment Address: 3160 W. 33rd Street Ward: 14

A development team led by Mort Levin (the Levin Group) has been leading the development of the former Blanket Mills building on Fulton Road, on the same plot as the Lin-Omni building near W. 33rd Street. The building is proposed as a mixed- use building that will help to anchor that neighborhood and kickstart some of the implementation efforts of the Ward 14 planning process. The building was originally constructed in 1889 and consists of 113,000 sf over 3 stories.

The first floor of the building will consist of 35,000 sf of commercial space, anchored by the Centers for Families and Children, who will bring 70 jobs to the site, as well as providing key social services for the neighborhood. The top two floors will consist of 60 affordable housing units, which were awarded an allocation from the FHAct50 City allocation of LIHTC in 2019. The project will have 12 1BR units, 42 2BR units, and 6 3BR units. 6 units (2 of each type) will be priced at 30%AMI and the remainder at 60% AMI. They have received an allocation of 60 vouchers from CMHA.

The development faces several challenges. The building is in extremely challenging condition, including a required partial demolition and will require significant work to

First Reading Emergency Ordinances Referred Ord. No. 703-2021 Official Proceedings – City Council August 20, 2021 The City Record 108

bring it to productive use. Construction costs continue to increase during the COVID pandemic. The development team has invested significant capital in predevelopment already.

To assist with this project, the Department has recommended a non-school TIF and a $2,000,000 development loan.

Loan Terms Term: 30-Years Interest Rate: 0%, Years 1-15 2%, Years 11-30 Amortization: $1,000,000: 15 Years, Starting in Year 16 $750,000: Payment due in Year 30. $250,000 eligible for forgiveness in Year 10 if 25 jobs are maintained at the project site and affordability is maintained. Collateral: Shared Subordinate Position

Est. TIF Value: $1,258,000

Estimated Sources & Uses

Commercial

SOURCES USES Bank Loan (PNC or $2,746,172 Acquisition $400,800 USBank) New Market Tax $2,330,000 Hard Construction $7,960,388 Credits Federal HTC Equity $1,533,824 Soft Costs $546,670 State HTC Equity $1,524,560 Developer Fee $1,000,000 Deferred Developer $390,000 Transaction $1,096,698 Fee Costs/Reserves City of Cleveland $1,980,000 Loan Developer Equity $500,000 TOTAL $11,004,556 TOTAL $11,004,556

Residential

SOURCES USES Bank Loan (PNC or $4,500,000 Acquisition $799,200 USBank) LIHTC $9,539,905 Hard Construction $16,831,345 Federal HTC Equity $3,229,123 Soft Costs $1,803,730 State HTC Equity $1,059,440 Developer Fee $1,350,000

First Reading Emergency Ordinances Referred Ord. No. 703-2021 Official Proceedings – City Council August 20, 2021 The City Record 109

Deferred Developer $654,931 Transaction $999,124 Fee Costs/Reserves Cleveland Housing $1,000,000 Trust Fund City of Cleveland $770,000 Loan Developer Equity $500,000 TOTAL $21,783,399 TOTAL $21,783,399

Community Benefits: - Chapter 187 Applies - Chapter 188 Applies - Project will be Prevailing Wage

Section 8. That the contract or contracts authorized by this ordinance shall be prepared by the Director of Law.

First Reading Emergency Ordinances Referred Ord. No. 703-2021 Official Proceedings – City Council August 20, 2021 The City Record 110

Section 9. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 703-2021 Official Proceedings – City Council August 20, 2021 The City Record 111

Ordinance No. 704-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Northeast Ohio Hispanic Center for Economic Development, and/or its designee, to provide a debt reserve for the CentroVilla25 Project regarding the development of the West 25th Street and Clark Avenue area; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose.

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. 704-2021-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, the District has been notified of the intent to enter into the agreement authorized by this ordinance in compliance with Sections 5709.41(C)(4) and 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:

First Reading Emergency Ordinances Referred Ord. No. 704-2021 Official Proceedings – City Council August 20, 2021 The City Record 112

Section 1. That the improvements to be constructed by Northeast Ohio Hispanic Center for Economic Development, and/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:

CentroVilla25 Parcel Numbers:

Parcel No. 1.

PPN: 007-33-040 Address: 3124 West 25th Street, Cleveland, Ohio 44109

Parcel No. 2.

PPN: 007-33-041 Address: 2689 Buckeye Court, Cleveland, Ohio 44109

Parcel No. 3.

PPN: 007-33-042 Address: 2701 Buckeye Court, Cleveland, Ohio 44109

Parcel No. 4.

PPN: 007-33-043 Address: 2705 Buckeye Court, Cleveland, Ohio 44109

Parcel No. 5.

PPN: 007-33-044 Address: V/L West 25th Street, Cleveland, Ohio 44109

Parcel Nos. 6 & 7.

PPN: 007-33-045 & 007-33-068 Address: 3140 West 25th Street, Cleveland, Ohio 44109

Parcel Nos. 8 & 9.

PPN: 007-33-046 & 007-33-047 3150 West 25th Street, Cleveland, Ohio 44109

Parcel No. 10.

PPN: 007-33-061 Address: 2537 Blatt Court, Cleveland, Ohio 44109

First Reading Emergency Ordinances Referred Ord. No. 704-2021 Official Proceedings – City Council August 20, 2021 The City Record 113

Parcel No. 11.

PPN: 007-33-067 Address: 2538 Blatt Court, Cleveland, Ohio 44109

Parcel No. 12.

PPN: 007-33-060 Address: V/L Blatt Court, Cleveland, Ohio 44109

Parcel No. 13.

PPN: 007-33-069 Address: V/L Buckeye Court, Cleveland, Ohio 44109

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 is reflected on the tax duplicate; and that in no event shall the exemption period extend beyond 2054. The terms of the agreement, which shall not be materially changed without further legislative action by Council, will be as follows:

DEPARTMENT OF ECONOMIC DEVELOPMENT EXECUTIVE SUMMARY

Project: CentroVilla 25 Address: 3140 W. 25th Street Ward: 14

CentroVilla25 is a collaborative effort between MetroHealth, the Hispanic Business Center, Hispanic Alliance and Metro West Community Development Center to develop the W. 25th/Clark area as the economic and cultural center of the Latino Community in Greater Cleveland. The stretch south of Clark Avenue to MetroHealth contains several vacant buildings and empty land. The surrounding neighborhood is one of the poorest neighborhoods in the City and is a target for redevelopment through the Neighborhood Transformation Initiative. The proposed

Building Programming: - El Mercado: 20+ retail kiosks - Commercial Kitchen w/ Storage & Wholesale production/distribution capacity - Speciality Grocery - Community Gathering Space & Outdoor Plaza - MetroWest & Hispanic Business Center offices

The development faces several challenges. The building is an outdated industrial structure that will require significant work to be converted to this type of use.

First Reading Emergency Ordinances Referred Ord. No. 704-2021 Official Proceedings – City Council August 20, 2021 The City Record 114

Inflationary pressures on construction are driving costs. The development team has acquired the property for the purpose of

Proposed Financial Assistance

Economic Development Permanent Loan: $650,000. Term: 30 years, 7 years Interest-Only, then 23-year amortization Rate: 2% Collateral: - Department to secure loan against property or other assets as required through NMTC structure. - Clark-Metro Steelyard TIF allocation to be used as annual repayment reserve Repayments: - Department shall impose a 30-year Non-School TIF; to fund debt service for this loan - Repayments shall be made from revenue or from Steelyard TIF Allocation

Economic Development Forgivable Loan: $500,000 Term: 10 years, 7 years Interest-Only, then 3-years deferred. Rate: 1% Collateral: - Department to secure loan against property or other assets as required through NMTC structure.

Forgiveness: - Loan to be forgiven at the end of the 10-year period if El Mercado remains operational as a micro-retail facility.

Steelyard TIF Grant: $100,000 - Project to receive a grant from current balance of Steelyard TIF Fund allocation for Clark-Metro area.

Job Creation Requirement

The project is required to create 10 jobs, through the creation of entrepreneurial opportunities. In addition, the anchor tenants are expected to retain their current employment when they move to the new site.

Fundraising Bridge Loan: $1,000,000

Source of Funds: Economic Development Resources Term: 3 years; extendable up to 7 additional years at the City’s option Interest Rate: 5% Security: Pledge of certain donations to be fundraised for the project

Est. TIF Value: $640,000

First Reading Emergency Ordinances Referred Ord. No. 704-2021 Official Proceedings – City Council August 20, 2021 The City Record 115

Estimated Sources & Uses

SOURCES USES PRIVATE DEBT (Key) $1,952,350 Acquisition $939,000 HHS Grant $440,000 Construction $6,841,000 State Capital Grant $100,000 Soft Costs $1,720,000 City – Steelyard TIF Grant $100,000 City – Forgivable Loan $500,000 City – Permanent Loan $650,000 NMTC $1,800,000 Finance Fund Grant $100,000 Foundations & Fundraising $3,815,000 TOTAL $9,457,350 $9,500,000

Community Benefits: - Chapter 187 Applies - Chapter 188 Applies

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

First Reading Emergency Ordinances Referred Ord. No. 704-2021 Official Proceedings – City Council August 20, 2021 The City Record 116 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 the contract or contracts authorized by this ordinance shall be prepared by the Director of Law.

Section 9. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

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Ordinance No. 713-2021

By Council Member: Kelley

An emergency ordinance to change the name of the Ken Johnson Recreation Center to the “Woodland Recreation Center”.

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

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

Section 1. That the name of the Ken Johnson Recreation Center is changed to the “Woodland Recreation Center”.

Section 2. That the Director of Public Works is authorized to give effect to this ordinance by the placing of appropriate signs, nameplates, and plaques and other references to reflect the name change.

Referred to the Directors of Public Works; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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Ordinances and Resolutions

First Reading Emergency Ordinances Read in Full and Passed

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

These ordinances were read for the first time on Wednesday, August 18, 2021, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 650-2021 Ord. No. 667-2021

Ord. No. 661-2021 Ord. No. 668-2021

Ord. No. 662-2021 Ord. No. 669-2021

Ord. No. 663-2021 Ord. No. 670-2021

Ord. No. 664-2021 Ord. No. 712-2021

Ord. No. 665-2021 Ord. No. 714-2021

Ord. No. 666-2021

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Ordinance No. 650-2021

By Initiative Petition

An emergency ordinance authorizing the submission to the electors of the City of Cleveland of an initiative petition proposing to amend the Charter of the City of Cleveland by amending existing Sections 115-1, 115-2, 115-3 and 115-4, and by enacting new Sections 115-5 and 119-1 of the Charter, relating to enabling policing reform by strengthening Civilian Police Review Board oversight, permanently establishing the Community Police Commission, and adopting other reforms.

WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public peace, property, health, and safety in that it must be certified to the election authorities immediately in order for the question to appear at a general election to be held on November 2, 2021, and 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 authorizes the submission to the electors of the City of Cleveland at a general election to be held at the usual places of voting in the City of Cleveland on Tuesday, November 2, 2021, of an initiated proposal to amend the Charter of the City of Cleveland by amending existing Sections 115-1, 115-2, 115-3 and 115-4, and by enacting new Sections 115-5 and 119-1, to read as follows:

§ 115-1 Office of Professional Standards

There will be within and report to the Civilian Police Review Board an Office of Professional Standards, consisting of investigators appointed by the Board. The Board may appoint the Office's Administrator, in conformity with the Charter's civil- service provisions. The Office's Administrator may not be a current or former Cleveland police officer or Division of Police employee.

The Office of Professional Standards will not be under the direction and control of the executive head of the police force and the Chief of Police, and will report to the Board. The Chief, police force, and executive head of the police force must provide all assistance that the Board and Office of Professional Standards request to enable the Board and Office to carry out their duties. This includes prompt production of all information and records requested, in no case in more than 30 days.

§ 115-2 Civilian Police Review Board

The Civilian Police Review Board shall consist of nine members who represent Cleveland's diverse communities. The Mayor will appoint five members. Council will appoint four members. The Mayor and Council must fill vacancies within 60 days of

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when they arise. No more than one Board member may be a resident of the same police district, unless the City establishes fewer than nine districts. At least two members should be attorneys with experience representing victims of police misconduct or criminally prosecuting police misconduct. At least one Board member should, where reasonably feasible, be between the ages of 18 and 30 at the time of appointment. No Board member may be employed currently as a law-enforcement officer and no member may be a current or former employee of the Cleveland Division of Police. Vacancies during a term will be filled in the same manner as original appointments for the unexpired term. Within 30 days of any Board vacancy, including vacancies caused by the end of a term, the City must post an announcement of any vacancy and a request for applications to fill any vacancy. Members must be chosen from among the applicants.

Board members holding the office as of this Section's effective date may continue in office for the remainder of their terms, and those and previous terms will count toward term limits established in this section. Board members' terms of office will be four years. No member may serve for more than two four-year terms when the second term begins less than four years after the end of the first term. But a person may be eligible for appointment four years after the end date of the second term. Time spent fulfilling an unexpired term of two years or less will not be considered part of the two consecutive terms.

The Mayor may remove any Board member, upon notice and hearing, for malfeasance, misfeasance, nonfeasance, or gross neglect of duty.

All Board members must participate in initial and annual training on topics relevant to Board duties.

Board members will receive compensation as Council must establish.

The Board and its Office of Professional Standards will have its own budget separate from the Department of Public Safety's budget. The Board and its Office of Professional Standards must receive a budget totaling at least 1.0% of the budget allocated to the police force. The Professional Standards Administrator will oversee the budget on behalf of, and with guidance from, the Board.

The Board will designate annually one of its members to serve as chair and one to serve as vice chair. No person will serve more than two consecutive one-year terms in each position, but, except as further provided, may be eligible for appointment two years after the end date of the second term. A person may be eligible to serve in one of the positions for up to two consecutive one-year terms consecutive to service in the other position, but then may not serve in either position for two years after the end date of the term for the second position even if service in the first or second position was less than two years.

The Board shall appoint personnel as its staff as it deems necessary.

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§ 115-3 Board's Powers and Duties

The Civilian Police Review Board will receive, cause investigation of, and recommend resolution of complaints filed with it, or on its own complaint based on information that comes to its attention, alleging misconduct by Cleveland police officers or Division of Police employees, when such misconduct is directed toward any person who is not a police officer or Division of Police employee. The misconduct alleged may include, but need not be limited to, the use of excessive or deadly force. The Board will perform such other duties not inconsistent with this Charter's other provisions, as the executive head of the police force may request.

It is not a proper consideration for the Board and its Office of Professional Standards to choose not to investigate particular allegations of police officer or Division of Police employee misconduct based on the fact or belief that another investigative agency, including the Division of Police's Office of Internal Affairs, or that some other non- federal law-enforcement agency, is investigating, or has already investigated and concluded that no misconduct or something less serious than the misconduct a complainant alleged took place. The Board and its Office of Professional Standards must never defer to the Division of Police or outside, non-federal law-enforcement authorities in investigating allegations of police misconduct and must act independently, consistent with their mission of exercising civilian control and accountability over the police force.

To carry out its functions, the Board or any person authorized by it may compel the attendance of witnesses and the production of books, papers, and other evidence, and for that purpose may issue subpoenas or attachments, to be signed by the Board's chair, which will be served and executed by any officer authorized to serve subpoenas and other processes. The Council will provide by ordinance the penalty or penalties for contempt in refusing to obey any such subpoenas or to produce such books, papers, and other evidence. If the Council does not do so, the Board may establish such penalties.

The Board will make rules providing for its procedure and review of complaints.

§ 115-4 Investigation and Disposition of Complaints

Without interference from the Chief of Police or executive head of the police force, and with the full cooperation of both, the Office of Professional Standards must cause, for the Board's benefit, a full and complete investigation to be made of each complaint. The investigation need not be confined to matters set forth in the complaint and may expand based upon facts and allegations uncovered in the investigation. Upon an investigation's completion, the administrator will prepare a report and submit the report to the Board for its review and disposition.

Before recommending action on a complaint or determining that a complaint warrants no action, the Board may hold a hearing, under its rules. Any decision or

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deliberation about whether to act or not act on a complaint must take place in an open meeting.

If the Board decides that the facts found in an investigation suggest that the executive head of the police force and Chief of Police should promulgate or amend policies, rules, and regulations, the Board should submit its recommendation and reasoning to the executive head of the police force and Chief, with a copy to the Community Police Commission, and must notify the complainant that it has done so.

If the Board decides that discipline should be imposed on the officers or employees under the Chief of Police's management and control, the Board will submit its fact findings and recommendation to the Chief. The Chief and executive head of the police force must presume to be correct and defer to the Board's fact findings and recommendations, absent affirmative proof by clear-and-convincing evidence that the findings and recommendations are clearly erroneous. Absent such proof, within ten days after receiving the Board's fact findings and recommendation-the Chief or executive head of the police must impose at least the minimum discipline that the Board has recommended.

If the Chief or executive head of the police force believes that clear-and-convincing evidence exists that would justify disregarding or modifying the Board's fact finding and disciplinary recommendations, within ten days after receiving the Board's fact findings and recommendation, the Chief or executive head of the police force must notify the Board in writing of any refusal or lesser, alternative discipline to be imposed, detailing the reasons and providing the Board with the clear-and- convincing evidence justifying the decision. Precedents, patterns or practices, and discipline predating this Section's effective date cannot constitute clear-and- convincing evidence justifying any decision by the Chief or executive head of the police force to impose lesser discipline than what the Board recommends, or no discipline.

If the Board then does not agree with the Chief's or executive head of the police force's refusal or alternative discipline, the Board, notwithstanding any provisions of Section 119 of this Charter to the contrary, may, in its discretion, overrule the Chief or executive head of the police force, and order either of them to discipline the officer or employee, up to and including termination. The Chief or executive head of the police force must then comply. Regardless of whether the Board orders the officer or employee's suspension for ten working days or less, the Board shall forthwith certify in writing the fact, together with the cause of the discipline, to the executive head of the police force, who will proceed as may be required under Charter Section 119, but consistent with this Section.

The Board must promptly notify complainants of the status, progress, and disposition of their complaints. If the Board determines that the complaint warrants no action, the Board shall so notify the complainant. The Board will ensure, through the Department of Law as appropriate, that complainants' viewpoints are heard in any arbitration process following discipline.

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Termination will be the presumed discipline for racist, sexist, anti-LGBTQ+, anti- immigrant, national-origin-based, or otherwise bigoted conduct, slurs, or language used in the course and scope of employment, or, if the officer or Division of Police employee's language is on a matter of public concern, where that officer or Division of Police employee's interest in commenting on matters of public concern does not outweigh the City's interests, as an employer, in promoting the efficiency of the public services it performs through its employees. The pertinent considerations for weighing these interests include whether the language (1) impairs discipline by superiors or harmony among co-workers, (2) has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, (3) impedes the performance of the officer or employee's duties or interferes with the regular operation of the enterprise, or (4) undermines the City or Division of Police's mission.

In assessing the first consideration, City officials must consider the possibility that inaction by the City could be seen as an endorsement of the speech and impair future discipline of similar derogatory statements. In assessing the second consideration, City officials must consider whether the language is reasonably likely to have a detrimental impact on close working relationships within the police force or undermine trust. In assessing the fourth consideration, City officials must consider the need for the City to preserve the appearance of impartiality, the role and responsibilities of the officer or employee, and, when the role is public facing, whether the danger to successful functioning of the Division of Police will increase. This includes making a reasonable prediction about whether the language, when known to the public, would harm the Division of Police's mission; or undermine the community's respect, trust, or perception that the police enforce the law fairly, even- handedly, and without bias.

Notwithstanding the above provisions, consistent with Charter Section 115-5, the Community Police Commission, at its discretion, has the authority to make the final decision for the City about whether to impose officer discipline where it was not imposed, or to increase discipline when the Commission deems it insufficient. The Chief, executive head of the police force, and the Board must notify complainants of their right to seek ultimate review by that Commission.

Nothing in this Section may be interpreted as depriving city employees of due process.

The Chief, the executive head of the police force, the Board, and Community Police Commission must timely and consistently notify complainants about, and afford complainants, the right to be heard in every step of the disciplinary process, without limitation, from investigation, and through hearings, reviews and internal appeals, arbitrations, and court proceedings. Complainants cannot be excluded from being informed about or from being heard during these processes, and have a right to intervene.

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The Board, complainants, and any City taxpayer may take legal action to enforce all terms in all Charter sections related to the Board. The Board may opt, if it deems the Director of Law to have a conflict of interest, to engage outside counsel at the Department of Law's expense.

§ 115-5 Community Police Commission

Voter findings. The voters of the City of Cleveland find, based on continuing, serial instances of police misconduct, that there is a need to significantly strengthen civilian oversight of the police force, and to hold the police force more accountable; strengthen the police reform initiated by, but grossly insufficient in, the Consent Decree in United States of America v. City of Cleveland, U.S. District Court for the Northern District of Ohio Case No. 1:15-cv-2046; institutionalize cultural change within the Division of Police; and reform the arbitration process by which unelected arbitrators who do not reflect the values, concerns, or diversity of the community-and who themselves often do not live in the community and therefore do not personally bear the burden of any problematic police practices-routinely undermine police accountability by reducing or reversing disciplinary decisions.

Commission. The Community Police Commission ("Commission") is permanently established as an independent municipal commission, with an executive director nominated by the Commission and appointed by the Mayor.

Commission membership, eligibility, and appointment categories. The Commission will consist of 13 persons broadly representative of the racial, social, economic, and cultural interests of the community, including those of the racial- minority, immigrant/refugee, LGBTQ+, youth, faith, business, and other communities, to reflect the overall demographics of Cleveland residents. At least two Commission members must represent community organizations focused on civil- rights issues. At least one Commission member must be, represent, or be knowledgeable of, as applicable, the issues of those who are limited-English speakers, homeless, or who have mental-illness and substance-abuse disorders; those who have been directly impacted by police violence, or be a family member of a person who has been killed by police; those who have been incarcerated and exonerated where police were involved in the wrongful conviction or incarceration; gun-violence survivors or be a family member of a person killed by gun violence; an attorney with experience representing victims of police misconduct or criminally prosecuting police misconduct. A single Commission member may fulfill more than one of the above categories. Where feasible, the Mayor will seek to appoint at least one member between the age of 18 to 30 at the time of appointment.

With the exception of no more than three police-association representatives, described below, no member may have served within the five years before appointment as a law-enforcement officer, have ever been an employee of the City's Division of Police or Department of Public Safety, or otherwise have been a City employee within the previous year. The Mayor may appoint no more than three representatives of police associations, including racial-or-ethnic-minority police-

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labor associations, or these associations' successors recognized by the City. These police-association representatives must have a background relevant to police- community relations and demonstrated connection to their respective associations' membership, and no representative may have a record of police misconduct (whether adjudicated or not), or career records or personal history meriting designation or disclosure under Brady v. United States or Giglio v. United States and their caselaw progeny.

Appointment process and vacancies. The Mayor will appoint 13 members, with the approval of Council by majority vote, for four-year terms, following an open and fair application process.

Three of the members the Mayor appoints will be nominated by Council and, when vacancies arise, the Mayor may designate categories from Subsection (c) above for nomination by Council.

The Mayor must fill Commission vacancies within 60 days of when they occur. At least 30 days before the process begins, the City must solicit recommendations for membership from community organizations who have interest in police oversight, and post applications prominently on the City's website, City Council website, and through local print, television, radio, and digital media. For appointment of the first Commission after this Section's effective date, the Mayor will divide the appointees into two classes. The first class of seven will have four-year terms and, for the first term only, the second class of six will have a two-year term. After that, all classes will have four-year terms so that approximately half of Commission members are appointed every two years. No Commission member may serve more than four, full, four-year terms.

Removal.

Non-police-association-representative members. The Mayor may remove any Commission member for malfeasance, misfeasance, nonfeasance, or gross neglect of duty, but must afford any non-police-association-representative Commission member an opportunity for a public hearing before the Mayor, within 30 days after the Mayor has given such member written charges, with a copy filed with the Clerk of Council. An accused non-police-association-representative member will be permitted to respond to the charges in person or through counsel, and have the right to subpoena and present evidence, including documents and witnesses. Removal by the Mayor will be final unless not later than the third meeting of Council after the removal, Council disapproves the removal by an affirmative, two-thirds (2/3) vote of the members elected to Council. There will be no requirement that there be three readings of a resolution to reject the Mayor's removal of the member.

Police-association-representative members. The Mayor may remove any police-association-representative member with or without cause. Likewise, by a simple majority vote of only non-police-association-representative members, the Commission may remove any police-association-representative member, with or

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without cause. Consistent opposition to police accountability and the Commission's mission and duties should cause such removal.

Vacancies. Vacancies during a term will be filled in the same manner as the original agreed selection process for the unexpired term. Within 30 days of any vacancy on the Commission, including vacancies caused by the end of a term, the City will post an announcement of any vacancy and a request for applications, widely disseminating the information. The Mayor must choose from among the applicants without delay.

Chair. The Commission will select its own chair from among its members by a majority vote, using, at its discretion, a run-off process or rank-order voting should there be more than two candidates for the position.

Duties and Authority of the Commission. The Commission will respond to community needs and concerns regarding regulation of the City's police force and community-police relations through duties including, but not limited to, the following:

Serving as the final City authority on whether the discipline of police officers imposed or not imposed by the Chief of Police, executive head of the police force, or Civilian Police Review Board is sufficient, with the discretionary authority, with due process afforded to a subject officer, to order that the Chief and executive head of the police force increase discipline; and to order that they impose discipline where none was imposed. The Commission may, at its discretion, and upon notice, hold evidentiary hearings to review individual officer discipline following any proceedings and decisions by the Chief of Police, executive head of the police force, and, as applicable, the Civilian Police Review Board. Any order by the Commission to increase or impose discipline will be final and the chief and executive head of the police force must follow it.

Ordering the Chief of Police to decrease discipline of police officers only in circumstances in which the Commission determines that the officer is facing retaliation for protected activity or for whistleblowing about misconduct within the Division of Police. With this exception, nothing in this Section will be construed as conferring a right by any officer to appeal that officer's discipline to the Commission.

Interviewing and recommending candidates for police commander and inspector general to the Mayor.

Compelling, through administrative subpoenas signed by the Commission's chair or Executive Director, the attendance of witnesses and the production of evidence, including, but not limited to, from within the City, that the Commission deems necessary for the performance of its duties. The Council may provide by rule the penalty or penalties for contempt in refusing to obey such subpoenas, and the Commission must do so if the Council has not.

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Having final authority over establishing the policies, applications, and examinations by which new police recruits must be sought out and recruited and screened, including screening for bias.

Establishing bias-screening and training for existing police officers.

Having final authority over police policies, procedures, and training regimens.

Auditing and verifying police-officer training.

Soliciting, gathering, compiling, organizing, maintaining, and generally updating information on individual police officers whose career records or personal history merit designation or disclosure even reasonably arguably advisable under Brady v. United States or Giglio v. United States and those cases' progeny; ensuring that the Division of Police and municipal, county, state, and federal prosecutors disclose such information at the beginning of the discovery process in all criminal and civil cases in which such officers could be witnesses or are parties; making such information readily publicly accessible on the City's website; and publicizing and devising means of public accountability for failures in the Division of Police, by the Chief of Police, by the Department of Law, by the Cuyahoga County Prosecuting Attorney, or others to track, identify, maintain, organize, and disclose such information. The Commission must undertake this duty as to all current police officers, including information predating this Section's effective date.

Directing the Civilian Police Review Board to independently investigate the conduct of every police officer against whom a lawsuit has been threatened or filed, or for whom the City has paid a settlement to obtain a liability release, or against whom there has been a court judgment for alleged misconduct.

Proposing and advocating for legislation or regulations to Council, the State of Ohio, and other legislative and regulatory authorities, and offering views on the City's, Mayor's, Chief of Police, and Department of Public Safety's legislative agendas consistent with the purposes of this section.

Engaging in community outreach to obtain the perspectives of community members, police organizations, and Division of Police employees on police-community relations, police policies and practices, the police-accountability system, and other matters consistent with the purposes of this section.

Maintaining connection and collaboration with representatives of disenfranchised communities and with other community groups throughout the City, the Community Relations Board, police-district committees, and similarly arranged councils consistent with the purposes of this section.

Providing Division of Police, Office of Professional Standards (OPS), Civilian Police Review Board (CPRB), Internal Affairs (IA), and other City law-enforcement and

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police-accountability entities with community feedback received through the Commission's public-outreach activities.

Providing technical assistance to the Division of Police, OPS, IA, CPRB, and other City law-enforcement and police-accountability entities, consistent with the purposes of this section.

Exercising independent judgment and offering critical analysis in the performance of their duties without interference or non-cooperation from any person, group, or organization including the Chief of Police, the Director of Public Safety, the Mayor, the executive head of the police force, other Division of Police employees, and other city officials. City employees who violate this provision may be subject discipline, or censure consistent with city and state laws.

to dismissal,

Requesting and timely receiving, without the need for making a formal public-records request, from other City departments and offices including the Division of Police and Director of Public Safety, information relevant to the Commission's duties that must be disclosed if requested under the Ohio Public Records Act.

Reviewing policy, data, and records to advise the Mayor, the Director of Public Safety, the Chief, the Council, the Director of Law, OPS, the CPRB, and others on policing issues including, but not limited to, police-community relations, police accountability including OPS and CPRB operations, bias-free policing, search and seizure, officer training, police use-of-force policy, data collection and retention, and implementation of other initiatives, programs, and activities intended to support constitutional policing and continuous improvement of policing.

Periodically publishing and distributing factual material, reports, recommendations, and notices as the Commission deems important within its purview as established above.

Performing audits and broad investigations into investigative processes, including audits for quality assurance and adherence to policy and procedure of closed investigations and closed discipline cases of police officers and Division of Police employees.

Identifying and proposing opportunities for systemic improvements in all aspects of police accountability, including, but not limited to, officer-complaint intakes; handling; investigations; use of alternate resolutions like supervisory coaching; mediation; or ordered training; timely notifications to complainants about investigative progress and results; timelines for investigation; discipline; disciplinary appeals; and Brady/Giglio-list protocols.

Accessing un-redacted complaints against officers and unredacted files of all closed investigations, except for information required to be withheld from persons who are

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not members of criminal-justice agencies under the Ohio Public Records Act or the Ohio Personal Information Systems Act, as they may be amended.

Consistent with federal and state law, protecting from disclosure confidential, non- public records to which the Commission has been provided access.

Engaging outside legal services, at Department of Law expense, when the Commission determines, in its discretion, that there is a conflict of interest between the Commission's mission and representation from the city's Department of Law.

Eliciting public comment on police policy issues.

Making grants to community-based violence-prevention, restorative-justice, and mediation programs to reduce the need for police activity.

Adopting and amending rules for the Commission's procedures, including selecting leadership and any additional articles sufficient for efficient and effective execution of its duties.

Exercising, without limitation, other duties consistent with the Commission's broad purposes of exercising stronger civilian control and accountability over the Division of Police, that are consistent with the Charter.

Full Cooperation by the Chief of Police, Division of Police, and Executive Head of the Police Force Required. The Chief of Police, all Division of Police employees, and the executive head of the police force must fully cooperate with the Commission in performing all of its duties. Failure to do so is a terminable offense and the Commission may seek injunctive relief for failures.

Compensation for Commissioners. The Council must establish annual compensation for Commissioners of no less than $7,200, adjusted annually by the Consumer Price Index, and reimburse reasonable Commission-related business expenses.

Executive Director and Staff. The Commission will nominate its Executive Director to be appointed by the Mayor. The Executive Director will be exempt within the Unclassified Civil Service and may not have ever been a Division of Police employee. The Mayor may only recommend the Executive Director's removal for just cause, subject to confirmation by a vote of 2/3 majority of the Commission. The Commission may also directly initiate removal with or without cause, with a 2/3 majority required for removal. The Executive Director will have at least one assistant and an additional minimum support staff of three classified, non-competitive positions. With support from the Department of Human Resources, the Executive Director will determine appropriate classifications and job descriptions based on operational needs. All such appointments, except one assistant, will be made in conformity with civil-service rules. No Commission employee may have ever been a Division of Police employee.

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Duties of the Executive Director. Under the Commission's direction, the Executive Director will have the authority and responsibility to:

Oversee and manage the functions of the Office of the Commission to advance the Commission's mission and perform other public duties as the Commission may prescribe.

Hire, supervise, and discharge employees of the Office of the Commission. Employees of the Office of the Commission will collectively have the requisite credentials, skills, and abilities to help fulfill the Commission's duties set forth in this section.

Execute, administer, modify, and enforce such agreements and instruments as the Executive Director may deem necessary to implement programs and carry out the Commission's duties; apply for grants and donations for Commission programs; and solicit and use volunteer services.

Represent, together with Commissioners, the Commission in providing testimony and expertise to other city departments and offices, commissions, and other organizations regarding issues of constitutional policing.

Create an annual budget and advocate for operational resources. The City will provide additional staff and resources not outlined in this section that it deems sufficient to enable the Commission to perform its duties.

Manage the preparation of the Commission's proposed budget, and submit an annual budget request to the Mayor. The Mayor and Council will appropriate the Office of the Commission's budget in a budget-control level independent of any other City department. The Director of Finance may review the budget request for lawfulness and reasonableness and make recommendations for improvement to the draft budget. No person in the executive branch will exercise discretionary authority to make changes to the proposed budget to which the Commission does not agree. Commissioners and the Executive Director may advocate for resources directly to Council members or the Council during the budget process and throughout the year.

Authorize necessary expenditures, and enter into contracts for professional and other services in accordance with the adopted budget, develop and manage programs, and undertake authorized activities.

Serve as Secretary of the Commission and of any advisory committee or subcommittee the Commission may create.

Regarding regulation of the City's police force and community-police relations: maintain contacts with all community groups concerned with constitutional policing, social justice, and public safety, including police associations; report to the Commission regarding these groups' activities; and serve as a source of accurate and

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reliable data on issues in the field of community policing, law enforcement, social justice, and racial justice.

Implement the Commission's decisions and, on the Commission's direction, work in cooperation with other City departments, on improvement of law-enforcement services and police accountability; work to remove inequalities that may be related to minority-group or other status related to law enforcement and related matters; conduct educational activities, institutes, meetings, and prepare reading materials, that will lead to better community-police relations.

Exercise such other and further authority and duties as this Section prescribes.

Budget. The Commission's annual budget may not be less than $1,000,000, adjusted annually under the federally established Consumer Price Index (CPI), unless the Commission itself requests a lower budget. Council must increase the Commission's budget by the greater of the CPI or the percentage of increases in the Division of Police's budget. In addition to the amount above (as it may be adjusted), the Commission will receive a budget for its grantmaking to community-based violence-prevention, restorative-justice, and mediation programs that is at least 0.5% of the amount budgeted for the Division of Police.

Open Meetings and Public Comment. Commission meetings will be open to the public, consistent with the Open Meetings Act. The Commission will afford reasonable opportunity for public comment at its meetings.

This Section Controls. Where conflicts exist, this Charter Section supersedes and controls over any previously adopted provisions in the Charter, Cleveland Codified Ordinances, or collective-bargaining agreements.

Consent Decree modification. Upon the effective date of this Section and other police-reform-related Charter sections amended or adopted with it, the Director of Law will move the U.S. District Court to modify the federal Consent Decree in United States v. City of Cleveland to incorporate the amended and new sections and ensure that the voters' intentions are given full effect. If the Director of Law does not file such a motion within 30 days after this Section is adopted, then any City taxpayer is authorized and has standing to do so without making further demand upon the Director of Law as may otherwise be required by the Charter or Ohio law. Until the Decree is modified to incorporate the amended and new sections, the Commission will prioritize fulfilling duties required under the Decree over the additional duties this Section establishes.

§ 119-1 Discipline of Police.

The Chief of Police will have the exclusive right to discipline, including suspend, demote, or terminate any of the officers or employees who are in the classified service and are under their respective management and control, for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 650-2021 Official Proceedings – City Council August 20, 2021 The City Record 132

by the proper authority, malfeasance, misfeasance, nonfeasance, or for any other just and reasonable cause, subject to the higher authority of the Civilian Police Review Board and the Community Police Commission established in the Charter. Before disciplining any officer or employee of the police force, the Chief of Police must ascertain whether a complaint on file with the Civilian Police Review Board relates to the conduct of the officer or employee in question. If so, the Chief of Police must not discipline the officer or employee unless the Civilian Police Review Board concurs with the Chief's decision, in accordance with Section 115-4 of the Charter.

If the Chief of Police suspends an officer or employee under his control for no more than 10 working days, the Chief's decision shall be final, subject to the higher authority of the Civilian Police Review Board and Community Police Commission as specified in the Charter.

If the Chief of Police demotes, terminates, or suspends for more than 10 working days any officer or employee under his control, the Chief must forthwith in writing certify the fact, together with the cause for the suspension, to the director of the department to whom he may be responsible, or if there be no such director then to the Mayor, who within five days from the receipt of such certificate shall, either personally or through a hearing officer appointed by the Director or the Mayor, hold a hearing into the cause of the suspension in accordance with the requirements of due process of law and render judgment. This judgment, if the charge is sustained, may be suspension, reduction in rank, or termination, and such judgment will be final, except as otherwise provided in this Section and subject to the review and higher authority of the Civilian Police Review Board and Community Police Commission specified in the Charter. If a hearing officer is used, the Mayor or the Director of the department to whom the Chief may be responsible, upon receiving the hearing officer's report and recommendations, must promptly review the report and recommendations of the hearing officer and render a decision. The Director or the Mayor will cause to be filed with the Civil Service Commission a copy of the written certification of discipline by the Chief and the cause giving rise to such suspension, the hearing officer's report and recommendations, and the decision of the Mayor or the Director. The Director or a hearing officer in any such hearing shall have the same power to administer oaths and secure the attendance of witnesses and the production of books and papers, as this otherwise Charter confers upon the Mayor, the Council, or a Council committee.

The provisions of this section also apply to the Chief of Police's power to suspend employees and officers of the police force under Section 119 of this Charter.

Section 2. That the forgoing proposed amendment to the Charter, on receiving at least a majority of the votes cast at the November 2, 2021 general election, shall become effective immediately on its adoption.

Section 3. That the Clerk of this Council is authorized to promptly forward a certified copy of this ordinance to the Board of Elections of Cuyahoga County.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 650-2021 Official Proceedings – City Council August 20, 2021 The City Record 133

Section 4. That the Board of Elections of Cuyahoga County shall cause an appropriate notice to be given of the election to be held on November 2, 2021, on the foregoing amendment to the Charter of this City and otherwise to provide for the election in the manner provided by the general laws of the State of Ohio.

Section 5. That the Clerk of Council is authorized to, not less than thirty days prior to the general election, either mail a copy of the proposed amendment to each elector whose name appears upon the registration books of the last regular or general election held in the City or, pursuant to laws passed by the general assembly notice of the proposed amendments may be given by newspaper advertising.

Section 6. That, for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance shall take effect and be in force immediately upon its passage by the affirmative vote of two-thirds of all the members elected to Council.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 650-2021 Official Proceedings – City Council August 20, 2021 The City Record 134

Ordinance No. 661-2021

By Council Member: Gardner

An emergency ordinance amending the Title and Sections 1 and 2 of Ordinance No. 283-2021, passed April 26, 2021, and amended by Ordinance No. 342-2021, passed May 10, 2021, as it pertains to authorizing the Director of the Department of Aging to enter into an agreement with Famicos Foundation for the Senior Lawn Care Program through the use of Wards 1, 4, 7 and 10 Casino Revenue Funds.

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

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

Section 1. That the Title and Sections 1 and 2 of Ordinance No. 283-2021, passed April 26, 2021, and amended by Ordinance No. 342-2021, passed May 10, 2021, are hereby amended to read as follows:

An emergency ordinance authorizing the Director of the Department of Aging to enter into agreement with Famicos Foundation for the Senior Lawn Care Program through the use of Wards 1, 4, 7 and 10 Casino Revenue Funds.

Section 1. That the Director of the Department of Aging is authorized to enter into an agreement effective April 1, 2020 to November 20, 2021 with Famicos Foundation for the Senior Lawn Care Program for the public purpose of providing grass cutting and lawn maintenance services to senior citizens residing in the City of Cleveland through the use of Wards 1, 4, 7 and 10 Casino Revenue Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $110,000 $130,000 and shall be paid from Fund No. 10 SF 188.

Section 2. That the Title and Sections 1 and 2 of Ordinance No. 283-2021, passed April 26, 2021, and amended by Ordinance No. 342-2021, passed May 10, 2021, are hereby repealed.

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.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 661-2021 Official Proceedings – City Council August 20, 2021 The City Record 135

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 661-2021 Official Proceedings – City Council August 20, 2021 The City Record 136

Ordinance No. 662-2021

By Council Members: Bishop, Gardner, Gray, B. Jones, Polensek, Mooney and Slife

An emergency ordinance amending the Title and Section 1 of Ordinance No. 559-2021, passed July 14, 2021, as it pertains to authorizing the Director of the Department of Public Works to enter into agreement with Midtown Cleveland, Inc. for the POW WOW Educational Expo through the use of Wards 2, 4, 5, 7, 8, 11 and 17 Casino Revenue Funds.

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

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

Section 1. That the Title and Section 1 of Ordinance No. 559-2021 passed July 14, 2021 are hereby amended to read as follows:

An emergency ordinance authorizing the Director of the Department of Public Works to enter into agreement with Midtown Cleveland Inc., for the POW WOW Educational Expo through the use of Wards 5 and 7 2, 4, 5, 7, 8, 11 and 17 Casino Revenue Funds.

Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement with Midtown Cleveland, Inc., effective June 1, 2021 for the POW WOW Educational Expo for the public purpose of providing educational workshops on creating artistic murals and placing art murals in the City of Cleveland through the use of Wards 5 and 7 2, 4, 5, 7, 8, 11 and 17 Casino Revenue Funds.

Section 2. That the Title and Section 1 of Ordinance No. 559-2021, passed July 14, 2021, are hereby repealed.

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.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 662-2021 Official Proceedings – City Council August 20, 2021 The City Record 137

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 662-2021 Official Proceedings – City Council August 20, 2021 The City Record 138

Ordinance No. 663-2021

By Council Member: Bishop

An emergency ordinance amending Section 2 of Ordinance No. 286-2021, passed April 26, 2021, as it pertains to authorizing the Director of the Department of Aging to enter into an agreement with the Union-Miles Development Corporation for the Senior Lawn Care Program through the use of Ward 2 Casino Revenue Funds.

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

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

Section 1. That Section 2 of Ordinance No. 286-2021 passed April 26, 2021, is hereby amended to read as follows:

Section 2. That the cost of said contract shall be in an amount not to exceed $30,000 $45,000 and shall be paid from Fund No. 10 SF 188.

Section 2. That Section 2 of Ordinance No. 286-2021 passed April 26, 2021, is hereby repealed.

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.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 663-2021 Official Proceedings – City Council August 20, 2021 The City Record 139

Ordinance No. 664-2021

By Council Member: Kelley

An emergency ordinance authorizing the Clerk of Council to enter into an agreement with American Legal Publishing for the professional services necessary to provide on-line access and webhosting services for the Charter and the Codified Ordinances, to edit and post all new amendatory ordinances on-line, update the Code online regularly, edit and print replacement pages with updates to the Code, and other services as may be necessary for Code supplementation, and to authorize any amendments to the contract that may be necessary for additional printings of the Codified Ordinances during the term.

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 (“Clerk”) is authorized to enter into an agreement with American Legal Publishing (“Consultant”) for the professional services necessary to provide on-line access and webhosting services for the Charter and the Codified Ordinances (together, the “Code”), to edit and post all new amendatory ordinances on- line, to update the Code on-line regularly, to edit and print replacement pages with updates to the Code, and to provide other services as may be necessary to supplement the Code, and to authorize any amendments to the contract that may be necessary during the term to provide for additional printings of the Code and additional binders, inserts and labels.

The contract shall begin as of August 24, 2021, and shall continue for one year; the Clerk may exercise four (4) separate options to renew any or all portions of the agreement for additional one-year periods, cancelable upon 30 days’ written notice by the Clerk. Payment for services completed under the agreement, and any amendments to the agreement during the original term or the term of any exercised renewal shall be from Fund No. 01 SF 001.

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.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 664-2021 Official Proceedings – City Council August 20, 2021 The City Record 140

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 664-2021 Official Proceedings – City Council August 20, 2021 The City Record 141

Ordinance No. 665-2021

By Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance to enter into a multi-party Amended and Restated Agreement with Say Yes To Education, Inc. and various public entities, effective July 30, 2021, acknowledging a process for the transition of the roles and responsibilities of Say Yes To Education, Inc. from the national organization to the Cleveland Chapter.

WHEREAS, under Ordinance No. 1404-18, passed November 26, 2018, this Council authorized the Director of Finance to enter into a multi-party agreement with Say Yes To Education, Inc. (“SYTE”) and with various public entities to acknowledge their commitment and cooperation necessary to implement the Say Yes to Cleveland Strategy (“Governance Agreement"); and

WHEREAS, under the Governance Agreement, the Cleveland Chapter of SYTE implemented the Say Yes Cleveland Strategy to the Cleveland Municipal School District; and

WHEREAS, the duties and obligations of SYTE will be transitioning from the national organization to the Cleveland Chapter; and

WHEREAS, the City desires to enter into a multi-party Amended and Restated Agreement with SYTE and various public entities, effective July 30, 2021, acknowledging the process to be undertaken by SYTE for the transition of their duties and obligations under the original Governance Agreement from the national organization to the Cleveland Chapter; 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 enter into a multi-party Amended and Restated Agreement with SYTE and various public entities, effective July 30, 2021, acknowledging transition of the duties and obligations of SYTE under the original Governance Agreement from the national organization to the Cleveland Chapter and restating the parties’ commitment and cooperation necessary for the implementation of the Say Yes Cleveland Strategy.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 665-2021 Official Proceedings – City Council August 20, 2021 The City Record 142

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 13. Nays 0. Recusal 1.

Read second time.

Read third time in full. Passed. Yeas 13. Nays 0. Recusal 1.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Recusal: Griffin

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 665-2021 Official Proceedings – City Council August 20, 2021 The City Record 143

Ordinance No. 666-2021

By Council Members: J. Jones, Gardner and Conwell

An emergency ordinance authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions for the Grandparents Education & Resources Family Day through the use of Wards 1, 4 and 9 Casino Revenue Funds.

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

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

Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement effective August 12, 2021, with Brick City Productions for the Grandparents Education & Resources Family Day for the public purpose of providing educational programming and social support resources to grandparent households that have the responsibility of raising grandchildren in the city of Cleveland through the use of Wards 1, 4 and 9 Casino Revenue Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $10,500 and shall be paid from Fund No. 10 SF 188.

Section 3. That the Director of Law shall prepare and approve said contract and that the contract shall contain such terms and provisions as he deems necessary to protect the City’s interest.

Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 666-2021 Official Proceedings – City Council August 20, 2021 The City Record 144

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 666-2021 Official Proceedings – City Council August 20, 2021 The City Record 145

Ordinance No. 667-2021

By Council Members: J. Jones, Conwell and Hairston

An emergency ordinance authorizing the Director of the Department of Public Works to enter into agreement with the Cleveland Cultural Gardens Federation for the One World Day Centennial Expo through the use of Wards 1, 9 and 10 Casino Revenue Funds.

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

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

Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement effective August 1, 2021, for the One World Day Centennial Expo for the public purpose of providing educational programming and activities on the diverse ethnic population and various cultures that are present in the city of Cleveland through the use of Wards 1, 9 and 10 Casino Revenue Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $5,000 and shall be paid from Fund No. 10 SF 188.

Section 3. That the Director of Law shall prepare and approve said contract and that the contract shall contain such terms and provisions as he deems necessary to protect the City’s interest.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 667-2021 Official Proceedings – City Council August 20, 2021 The City Record 146

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 667-2021 Official Proceedings – City Council August 20, 2021 The City Record 147

Ordinance No. 668-2021

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

An emergency ordinance to vacate a portion of Frankfort Avenue N.W. extending from West 6th Street to West 3rd Street.

WHEREAS, under Resolution No.486-2021, adopted July 14, 2021, this Council declared its intention to vacate a portion of Frankfort Avenue N.W. extending from West 6th Street to West 3rd Street, as described; 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 August 9, 2021, 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:

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio and known as being part of Original Lots 53, 54, 55 and 56, being more fully bounded and described as follows;

Beginning at a 1” iron pin found in a monument box assembly at the centerline intersection of Superior Avenue N.W., 132 feet wide and West 3rd Street, 99 feet wide, said point also being on the west line of Original Lot 56, thence North 34°33’02” West along the centerline of said West 3rd Street, a distance of 330.00 feet to a point, thence South 55°27’14” West, a distance of 49.50 feet to a point on the westerly line of said West 3rd Street and southerly line of Frankfort Avenue, 41 feet wide to a Drill Hole set at the principal place of beginning of the parcel herein described.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 668-2021 Official Proceedings – City Council August 20, 2021 The City Record 148

Course No.1 Thence along the southerly line of said Frankfort Avenue, South 55°27’14” West, a distance of 433.39 feet to a set point on the easterly line of West 6th Street, 99-feet wide referenced by a drill hole found South 0.99 feet, West 0.47 feet,

Course No.2 Thence along easterly line of said West 6th Street, North 34°28’33” West, a distance of 41.00 feet to a Drill Hole Set on the northerly line of said Frankfort Avenue.

Course No.3 Thence along northerly line of said Frankfort Avenue, North 55°27’14” East, a distance of 433.33 feet to a drill hole set on the westerly line of said West 3rd Street,

Course No.4 Thence along the westerly line of said West 3rd Street, South 34°33’02” East, a distance of 41.00 feet to the Principal Place of Beginning said parcel containing 17,768 square feet or 0.4079 acres of land according to a survey by Langan Engineering and Environmental Services dated May 2021 and being the same more or less and being subject to all legal highways and easements. The basis of bearings of this survey is based on the Ohio State Plane Coordinate System, North Zone, NAD 83 (2011) derived from GPS observations and bearings are to denote angles only.

Legal Description approved by Eric Westfall, Section Chief, Plats, Surveys, and House Numbering Section (acting).

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for AT&T, Cleveland Division of Water, Dominion Energy, and The 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 the City of Cleveland, AT&T, Cleveland Division of Water, Dominion Energy, and The 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.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 668-2021 Official Proceedings – City Council August 20, 2021 The City Record 149

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 668-2021 Official Proceedings – City Council August 20, 2021 The City Record 150

Ordinance No. 669-2021

By Council Member: Gardner

An emergency ordinance authorizing the Director of the Department of Economic Development to enter into agreement with Rudy’s Mini-Mart for the Rudy’s Mini-Mart Economic Expansion Project through the use of Ward 4 Casino Revenue Funds and Capital Repair Funds.

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

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

Section 1. That the Director of the Department of Economic Development enter into agreement with Rudy’s Mini-Mart for the Rudy’s Mini-Mart Economic Expansion Project for the public purpose of promoting business development and new job creation through the use of Ward 4 Casino Funds and Capital Repair Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $50,000 and shall be paid from Fund No. 10 SF 188 and Fund No. 01-001.

Section 3. That the Director of Law shall prepare and approve said contract and that the contract shall contain such terms and provisions as he deems necessary to protect the City’s interest.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 669-2021 Official Proceedings – City Council August 20, 2021 The City Record 151

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 669-2021 Official Proceedings – City Council August 20, 2021 The City Record 152

Ordinance No. 670-2021

By Council Member: Gray

An emergency ordinance authorizing the Director of the Department of Public Works to enter into agreement with Friendly Inn Settlement, Inc., for the Friendly Inn’s Rosie’s Girls Program through the use of Ward 5 Casino Revenue Funds.

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

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

Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement effective August 1, 2021, with Friendly Inn Settlement, Inc., for the Friendly Inn’s Rosie’s Girls Program for the public purpose of after-school education and career programming for young girls residing in the city of Cleveland who are in need for such assistance through the use of Ward 5 Casino Revenue Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $20,000 and shall be paid from Fund No. 10 SF 188.

Section 3. That the Director of Law shall prepare and approve said contract and that the contract shall contain such terms and provisions as he deems necessary to protect the City’s interest.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 670-2021 Official Proceedings – City Council August 20, 2021 The City Record 153

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 670-2021 Official Proceedings – City Council August 20, 2021 The City Record 154

Ordinance No. 712-2021

By Council Member: McCormack

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Downtown Cleveland Alliance to encroach onto the property that is owned by the City of Cleveland, known as the “Boardwalk”, along the Flats East Bank.

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 Downtown Cleveland Alliance to encroach onto the property that is owned by the City of Cleveland, known as the “Boardwalk”, along the Flats East Bank at the following location:

Situated in the State of Ohio, County of Cuyahoga, City of Cleveland and being part of a tract of land as conveyed to the City of Cleveland, by AFN 200809300070 and Plat Book 354 Page 87 of said county records and bounded and described as follows:

COMMENCING at a 1 inch iron pin in a monument box (found) at the centerline of West 9th Street and Lakeside Avenue, said point being witnessed by 3/4 inch iron pin in a monument box (found) at the centerline intersection of West 9th Street and Front Street, bearing North 34 degrees 24 minutes 09 seconds West, a distance of 572.93 feet; thence on the centerline right of way of West 9th Street, North 34 degrees 24 minutes 09 seconds West a distance of 218.79 feet to the centerline intersection of West 9th Street and Main Avenue; thence on the centerline of Main Avenue, South 55 degrees 39 minutes 06 seconds West a distance of 170.52 feet to a point on the west line of Main Avenue; thence continuing on the centerline of Main Avenue extended, South 55 degrees 39 minutes 06 seconds West a distance of 797.74 feet to a point on the east line of the City of Cleveland Parcel Number 101-11-003 ; thence through the City of Cleveland Parcel Number 101-11-003, South 71 degrees 00 minutes 21 seconds West, a distance of 213.17 feet to a point on the north line of the City of Cleveland Parcel Number 101-11-015 and the POINT OF BEGINNING of the parcel herein described:

1) Thence, on a new line through City of Cleveland Parcel Number 101-11-015, Northwesterly, an arc distance of 57.64 feet, on a curve deflecting to the right, having a central angle of 143 degrees 35 minutes 02 seconds, a radius of 23.00 feet, and a chord that bears North 80 degrees 55 minutes 50 seconds West, a chord distance of 43.70 feet to a point;

First Reading Emergency Ordinances Read in Full and Adopted Res. No. 712-2021 Official Proceedings – City Council August 20, 2021 The City Record 155

2) Thence on a new line through City of Cleveland Parcel Number 101-11-003, Southeasterly, an arc distance of 53.16 feet, on a curve deflecting to the right, having a central angle of 121 degrees 50 minutes 17 seconds, a radius of 25.00 feet, and a chord that bears South 80 degrees 55 minutes 50 seconds East, a chord distance of 43.70 feet to the POINT OF BEGINNING, containing 0.0208 acres and being part of Cuyahoga County Auditor’s Parcel Numbers 101-11-015 and 101-11-003.

The bearings for this description are based on Grid North, of the Ohio State Plane Coordinate System, North Zone, NAD83(2011), as measured with GPS.

This description was prepared and reviewed under the supervision of Steven L. Mullaney, Professional Surveyor No. 7900, in August 2021.

Legal Description approved by Eric B. Westfall, P.S., Acting Section Chief, Plats, Surveys and House Numbering Section.

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s).

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

First Reading Emergency Ordinances Read in Full and Adopted Res. No. 712-2021 Official Proceedings – City Council August 20, 2021 The City Record 156

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Ordinances Read in Full and Adopted Res. No. 712-2021 Official Proceedings – City Council August 20, 2021 The City Record 157

Ordinance No. 714-2021

By Council Members: Griffin and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to apply for and accept grant a grant from Cuyahoga County for the FY 2020 Improving Criminal Justice Response Grant for domestic violence warrant enforcement; and authorizing one or more contracts with Cuyahoga County to implement the grant.

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

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

Section 1. That the Director of Public Safety is authorized to apply for and accept a grant in the amount of $415,125, and any other funds that may become available during the grant term, from Cuyahoga County for the FY 2020 Improving Criminal Justice Response Grant for domestic violence warrant 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 contained in the file described below.

Section 2. That the file for the grant, File No. 714-2021-A, is made a part of this ordinance as if fully rewritten and shall not be changed without additional legislative authority.

Section 3. That the Director of Public Safety is authorized to extend the term of the grant during the grant term.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 714-2021 Official Proceedings – City Council August 20, 2021 The City Record 158

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 714-2021 Official Proceedings – City Council August 20, 2021 The City Record 159

Ordinances and Resolutions

First Reading Emergency Resolutions Referred

A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person.

Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.

If not adopted under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.

These resolutions were read for the first time on Wednesday, August 18, 2021, and referred to the appropriate City departments and Council Committees for review.

Click on a resolution below to read it:

Res. No. 671-2021

Res. No. 672-2021

Res. No. 693-2021

First Reading Emergency Resolutions Referred Official Proceedings – City Council August 20, 2021 The City Record 160

Resolution No. 671-2021

By Council Member: Kelley (by departmental request)

An emergency resolution acknowledging that the City of Cleveland will become a Power A Clean Future Ohio Community and reaffirming the City’s goal to reduce greenhouse gas emissions.

WHEREAS, Power a Clean Future Ohio (“PCFO”) is an expansive, diverse coalition engaging with cities and local governments across the state of Ohio to build a clean future for our communities, and empowers local leaders with tools and resources to create carbon reduction plans and implement them in ways that are achievable, measurable, equitable, and economical; and

WHEREAS, steps taken toward carbon emissions also aim to improve community quality of life, build community capital and increase government efficiency, accountability and transparency; and

WHEREAS, local governments have the unique opportunity to achieve both energy use and carbon emission reductions and cost savings through building and facilities management; land use and transportation planning; and through economic and community development; and

WHEREAS, efforts to address energy and climate issues provide an opportunity to move toward energy self-reliance and greater community resiliency and quality of life; provide environmentally healthy and cheaper-to-operate public buildings; encourage new economic development and local jobs; and support local renewable energy production; and

WHEREAS, on September 20, 2018, the City of Cleveland reaffirmed its commitment to climate action along with 400 “Climate Mayors” across the country, by releasing an updated version of its 2013 Climate Action Plan, that retained the greenhouse gas reduction goals (80% below 2010 emissions by 2050 and 40% reduction by 2030), while elevating the actions that neighborhoods and residents can take every day and became the first city in the state of Ohio to commit to powering itself with clean energy and combating climate change by transitioning to 100 percent clean and renewable energy sources by 2050; and

WHEREAS, uncertainty in energy prices and the transition away from fossil fuel energy sources present new challenges and opportunities to both the City of Cleveland and to the economic health of its citizens and businesses; and

WHEREAS, climate changes have been observed in Ohio and have the potential to negatively impact local, regional and state economies; infrastructure development; habitat; ecological communities, including native fish and wildlife populations; spread

First Reading Emergency Resolutions Referred Res. No. 671-2021 Official Proceedings – City Council August 20, 2021 The City Record 161 invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose flooding, drought and health threats to our citizens; and

WHEREAS, PCFO assists in facilitating technical assistance for the implementation of these carbon reduction policies; and

WHEREAS, the PCFO provides cost-effective sustainable development policies in the following four categories: (1) Renewable Energy; (2) Energy Efficiency; (3) Transportation Electrification; and (4) Land Use.

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, property, health or safety in that passage of this resolution allows the City to be recognized as a Power a Clean Future Community; now therefore,

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

Section 1. That this Council acknowledges that the City of Cleveland (“the City”) will join PCFO, which offers a free, voluntary continuous improvement framework.

Section 2. That the City agrees to the following:

1. Reaffirms its commitment to a goal of reducing greenhouse gas emissions in the City of Cleveland by 40% by 2030 below 2010 levels;

2. Will work to advance lowest cost measures identified in the plan to meet the energy and greenhouse gas saving savings targets, while being mindful of the use of taxpayer dollars and impact to the resident’s bottom line;

3. Will facilitate the involvement of community members in an equitable way in the planning, promoting and/or implementing of PCFO policies;

4. Will provide feedback to PCFO once a year on how well PCFO is serving the city and on city needs from the program; and

5. Will report progress to PCFO on achieving these goals and will work at its own pace towards implementing policies from the PCFO policy categories that will result in carbon emission reductions, cost savings, and quality of life improvement.

Section 3. That this resolution is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Finance; and Law; Committees on Finance.

First Reading Emergency Resolutions Referred Res. No. 671-2021 Official Proceedings – City Council August 20, 2021 The City Record 162

Resolution No. 672-2021

By Council Member: Polensek

An emergency resolution supporting SB 164 which seeks tougher punishments on those who abuse companion animals.

WHEREAS, currently in Ohio, Goddard’s Law makes purposely abusing companion animals a fifth-degree felony; and

WHEREAS, however, actual penalties for such egregious acts have been lenient and have not included jail time; and

WHEREAS, Senate Bill 164 increases the penalties for certain existing animal abuse violations and establishes new prohibitions, including making any violation of the law a violent offense, so that a judge must impose a prison term on a first offense, and these violations are not expungable; and

WHEREAS, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health or safety, now, therefore,

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

Section 1. That this Council supports SB 164 which seeks tougher punishments on those who abuse companion animals.

Section 2. That the Clerk of Council is directed to transmit copies of this resolution to Ohio Governor Mike DeWine and to all members of the Ohio legislature.

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.

Referred to the Directors of Law; Committees on Finance.

First Reading Emergency Resolutions Referred Res. No. 672-2021 Official Proceedings – City Council August 20, 2021 The City Record 163

Resolution No. 693-2021

By Council Members: Gray, Bishop and Brancatelli (by departmental request)

An emergency resolution declaring the intent to vacate a portion of Rawlings Avenue between East 75th Street and East 79th Street, a portion of Holton Avenue between East 75th Street and East 79th Street and a portion of East 78th Street from the south line of Holton Avenue to the prolongation of the south lines of Sublots 84 and 75 in J.H. Hardy’s Subdivision.

WHEREAS, this Council is satisfied that there is good cause to vacate a portion of Rawlings Avenue between East 75th Street and East 79th Street, a portion of Holton Avenue between East 75th Street and East 79th Street and a portion of East 78th Street from the south line of Holton Avenue to the prolongation of the south lines of Sublots 84 and 75 in J.H. Hardy’s Subdivision; and

WHEREAS, this resolution constitutes an emergency measure providing for the 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:

Rawlings Avenue S.E. (formerly Rawlings Street & Wyman Avenue, 50 feet wide): Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of the portion of said Rawlings Avenue extending from the east line of East 75th Street (formerly Maple Grove Street, 60 feet wide) to the west line of East 79th Street (formerly Madison Avenue, 60 feet wide), dedicated in J.H. Hardy’s Subdivision of part of Original One Hundred Acre Lot No. 330, as shown by the recorded plat in Volume 4 of Maps, Page 4, and in R. Yeakel’s H.F.S. Sichley’s, J.W. Walkey’s, and E.A. Hoffmen’s Subdivision of part of Original One Hundred Acre Lot Nos. 330 and 423, as shown by the recorded plat in Volume 4 of Maps, Page 33, of Cuyahoga County Records.

Holton Avenue S.E. (formerly Morton Street & Holton Street, 50 feet wide): Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of the portion of said Holton Avenue extending from the east line of East 75th Street (formerly Maple Grove Street, 60 feet wide) to the west line of East 79th Street (formerly Madison Avenue, 60 feet wide), dedicated in J.H. Hardy’s Subdivision of part of Original One Hundred Acre Lot No. 330, as shown by the recorded plat in Volume 4 of Maps, Page 4, and by deed conveying land to the City of Cleveland found in Volume 1027 of Records, Page 280, of Cuyahoga County Records.

East 78th Street (formerly Leon Street, 50 feet wide):

First Reading Emergency Resolutions Referred Res. No. 693-2021 Official Proceedings – City Council August 20, 2021 The City Record 164

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of the portion of said East 78th Street extending from the south line of Holton Avenue S.E. (formerly Morton Street & Holton Street, 50 feet wide) to the prolongation of the south lines of Sublots 84 & 75 in J.H. Hardy’s Subdivision of part of Original One Hundred Acre Lot No. 330, as shown by the recorded plat in Volume 4 of Maps, Page 4. dedicated by the said plat of record.

Legal Description approved by Eric Westfall, Section Chief, Plats, Surveys and House Numbering Section (acting).

Section 2. That this resolution is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and Development Panning and Sustainability.

First Reading Emergency Resolutions Referred Res. No. 693-2021 Official Proceedings – City Council August 20, 2021 The City Record 165

Ordinances and Resolutions

First Reading Emergency Resolutions Read in Full and Adopted

A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person.

Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.

These resolutions were read for the first time on Wednesday, August 18, 2021, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.

Click on a resolution below to read it:

Res. No. 673-2021 Res. No. 705-2021

Res. No. 674-2021 Res. No. 706-2021

Res. No. 675-2021 Res. No. 707-2021

Res. No. 676-2021 Res. No. 708-2021

Res. No. 677-2021 Res. No. 709-2021

Res. No. 678-2021 Res. No. 710-2021

Res. No. 679-2021 Res. No. 711-2021

Res. No. 680-2021

First Reading Emergency Resolutions Read in Full and Adopted Official Proceedings – City Council August 20, 2021 The City Record 166

Resolution No. 673-2021

By Council Member: Mooney

An emergency resolution objecting to the transfer of stock of a C2, C2X and D6 Liquor Permit to 3934 West 117th Street.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a transfer of stock of a C2, C2X and D6 Liquor Permit at Bellaire Gas USA, LLC, DBA Gas USA, 3934 West 117th Street, Cleveland, Ohio 44111, Permit No. 0597591; and

WHEREAS, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and

WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and

WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and

WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and

WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and

WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,

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

Section 1. That Council does hereby record its objection to a transfer of stock of a C2, C2X and D6 Liquor Permit at Bellaire Gas USA, LLC, DBA Gas USA, 3934 West 117th Street, Cleveland, Ohio 44111, Permit No. 0597591, and requests the

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 673-2021 Official Proceedings – City Council August 20, 2021 The City Record 167

Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 673-2021 Official Proceedings – City Council August 20, 2021 The City Record 168

Resolution No. 674-2021

By Council Member: Kelley

An emergency resolution objecting to the transfer of ownership of a D1, D2, D3 and D3A Liquor Permit to 4896 Pearl Road.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D1, D2, D3 and D3A Liquor Permit from Hopp Inn, LLC, DBA Hopp Inn, 4896 Pearl Road, Cleveland, Ohio 44109, Permit No. 3964750 to Jordans Lounge Bar & Grill, LLC, 4896 Pearl Road, Cleveland, Ohio 44109, Permit No. 4383751; 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 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 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

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 and D3A Liquor Permit from Hopp Inn, LLC, DBA Hopp Inn, 4896 Pearl

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 674-2021 Official Proceedings – City Council August 20, 2021 The City Record 169

Road, Cleveland, Ohio 44109, Permit No. 3964750 to Jordans Lounge Bar & Grill, LLC, 4896 Pearl Road, Cleveland, Ohio 44109, Permit No. 4383751; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 674-2021 Official Proceedings – City Council August 20, 2021 The City Record 170

Resolution No. 675-2021

By Council Member: Kelley

An emergency resolution objecting to a New D3 and D3A Liquor Permit at 5551 Memphis Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New D3 and D3A Liquor Permit at Signature Lounge & Bar, Inc., 5551 Memphis Avenue, Cleveland, Ohio 44111, Permit No. 8143250; 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 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

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

Section 1. That Council does hereby record its objection to a New D3 and D3A Liquor Permit at Signature Lounge & Bar, Inc., 5551 Memphis Avenue, Cleveland, Ohio 44111, Permit No. 8143250; and requests the Superintendent of Liquor Control to set a

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 675-2021 Official Proceedings – City Council August 20, 2021 The City Record 171 hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 675-2021 Official Proceedings – City Council August 20, 2021 The City Record 172

Resolution No. 676-2021

By Council Member: Gardner

An emergency resolution objecting to the transfer of location of a D5 Liquor Permit to 3029 Woodhill Road.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of location of a D5 Liquor Permit from Patricia A. Hanych, 2233 West 3rd Street, 1st floor and patio, Cleveland, Ohio 44113, Permit No. 3587876 to Sexton Brooks, LLC, 3029 Woodhill Road, Cleveland, Ohio 44104, Permit No. 8003111; 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 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

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

Section 1. That Council does hereby record its objection to the transfer of location of a D5 Liquor Permit from Patricia A. Hanych, 2233 West 3rd Street, 1st floor and patio,

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 676-2021 Official Proceedings – City Council August 20, 2021 The City Record 173

Cleveland, Ohio 44113, Permit No. 3587876 to Sexton Brooks, LLC, 3029 Woodhill Road, Cleveland, Ohio 44104, Permit No. 8003111, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 676-2021 Official Proceedings – City Council August 20, 2021 The City Record 174

Resolution No. 677-2021

By Council Member: Bishop

An emergency resolution objecting to the transfer of ownership of a C2 and C2X Liquor Permit to 3744 East 144th Street, 1st floor only.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C2 and C2X Liquor Permit from Lilly Aziza, Inc., DBA One Stop Market, 3744 East 144th Street, 1st floor only, Cleveland, Ohio 44120, Permit No. 5202187 to JMN Convenience, LLC, 3744 East 144th Street, 1st floor only, Cleveland, Ohio 44120, Permit No. 4179946; 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 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

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

Section 1. That Council does hereby record its objection to the transfer of ownership of a C2 and C2X Liquor Permit from Lilly Aziza, Inc., DBA One Stop Market, 3744 East

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 677-2021 Official Proceedings – City Council August 20, 2021 The City Record 175

144th Street, 1st floor only, Cleveland, Ohio 44120, Permit No. 5202187 to JMN Convenience, LLC, 3744 East 144th Street, 1st floor only, Cleveland, Ohio 44120, Permit No. 4179946; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 677-2021 Official Proceedings – City Council August 20, 2021 The City Record 176

Resolution No. 678-2021

By Council Member: Kelley

An emergency resolution objecting to the transfer of ownership of a C1 Liquor Permit to 4189 Ridge Road.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C1 Liquor Permit from M Zayed, LLC, DBA Snappy Gas Mart, 4189 Ridge Road, Cleveland, Ohio 44144, Permit No. 5377774 to Har Mahadev, Inc., 4189 Ridge Road, Cleveland, Ohio 44144, Permit No. 3599032; 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 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

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

Section 1. That Council does hereby record its objection to the transfer of ownership of a C1 Liquor Permit from M Zayed, LLC, DBA Snappy Gas Mart, 4189 Ridge Road, Cleveland, Ohio 44144, Permit No. 5377774 to Har Mahadev, Inc., 4189 Ridge Road,

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 678-2021 Official Proceedings – City Council August 20, 2021 The City Record 177

Cleveland, Ohio 44144, Permit No. 3599032; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 678-2021 Official Proceedings – City Council August 20, 2021 The City Record 178

Resolution No. 679-2021

By Council Member: Spencer

An emergency resolution withdrawing objections to the renewal of a C1 Liquor Permit at 7301 Detroit Avenue and repealing Resolution No. 1018- 2019 and Resolution No. 617-2020 objecting to said renewal.

WHEREAS, this Council objected to the renewals of a C1 Liquor Permit to Family Dollar Stores of Ohio, Store #5559, 7301 Detroit Avenue, Cleveland, Ohio 44102, Permit No. 2631275-0330, by Resolution No. 1018-2019 adopted by the Council on August 21, 2019, and by Resolution No. 617-2020 adopted by the Council on August 12, 2020; and

WHEREAS, this Council wishes to withdraw its objections to the above permit and consents to said permit; 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 objection to the renewals of a C1 Liquor Permit to Family Dollar Stores of Ohio, Store #5559, 7301 Detroit Avenue, Cleveland, Ohio 44102, Permit No. 2631275-0330, be and the same is hereby withdrawn and Resolution No. 1018-2019 and Resolution No. 617-2020, containing such objections, be and the same is hereby repealed and that this Council consents to the immediate permit thereof.

Section 2. That this resolution is hereby declared to be an emergency measure and provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 679-2021 Official Proceedings – City Council August 20, 2021 The City Record 179

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 679-2021 Official Proceedings – City Council August 20, 2021 The City Record 180

Resolution No. 680-2021

By Council Member: Conwell

An emergency resolution withdrawing objection to the transfer of location of a C2 and C2X Liquor Permit at 10933 Superior Avenue and repealing Resolution No. 1460-18, objecting to said transfer.

WHEREAS, this Council objected to the transfer of location of a C2 and C2X Liquor Permit to 10933 Superior, Inc., DBA East Town, 10933 Superior Avenue, Cleveland, Ohio 44106, Permit No. 6548448 by Resolution No. 1460-18 adopted by the Council on November 26, 2018; and

WHEREAS, this Council wishes to withdraw its objections to the above transfer and consents to said transfer; 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 objection to the transfer of location of a C2 and C2X Liquor Permit to 10933 Superior, Inc., DBA East Town, 10933 Superior Avenue, Cleveland, Ohio 44106, Permit No. 6548448, be and the same is hereby withdrawn and Resolution No. 1460-18, containing such objection, be and the same is hereby repealed and that this Council consents to the immediate transfer thereof.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 680-2021 Official Proceedings – City Council August 20, 2021 The City Record 181

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 680-2021 Official Proceedings – City Council August 20, 2021 The City Record 182

Resolution No. 705-2021

By Council Member: Brancatelli

An emergency resolution objecting to the renewal of a C1 and C2 Liquor Permit at 1303 Clark Avenue.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, pursuant to Section 4303.271 of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section 4303.292; and

WHEREAS, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, and that 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 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a C1 and C2 Liquor Permit, Permit No. 6548354 owned by 1303 Clark Inc., 1303 Clark Avenue, Cleveland, Ohio 44109 and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

Section 2. That the Clerk of Council be and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County, and a statement by the Director of Law that, in the Director’s opinion, that the objection is based upon substantial legal grounds within the meaning and intent of division (A) of Section 4303.292 of the Revised Code to the Superintendent of the Division of Liquor Control.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 705-2021 Official Proceedings – City Council August 20, 2021 The City Record 183 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 705-2021 Official Proceedings – City Council August 20, 2021 The City Record 184

Resolution No. 706-2021

By Council Member: Brancatelli

An emergency resolution objecting to the renewal of a C1 and C2 Liquor Permit at 3794 East 71st Street.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a C1 and C2 Liquor Permit, Permit No. 2964356 owned by Fullerton & E. 71st Inc., DBA Convenient Retail & Food, 3794 East 71st Street, Cleveland, Ohio 44105 and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 706-2021 Official Proceedings – City Council August 20, 2021 The City Record 185 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 706-2021 Official Proceedings – City Council August 20, 2021 The City Record 186

Resolution No. 707-2021

By Council Member: Hairston

An emergency resolution objecting to the renewal of a D5 and D6 Liquor Permit at 5238 St. Clair Avenue.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a D5 and D6 Liquor Permit, Permit No. 9692969 owned by Wing Lung, Inc., 5238 St. Clair Avenue, Cleveland, Ohio 44103, and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 707-2021 Official Proceedings – City Council August 20, 2021 The City Record 187 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 707-2021 Official Proceedings – City Council August 20, 2021 The City Record 188

Resolution No. 708-2021

By Council Member: Brancatelli

An emergency resolution objecting to the renewal of a D5 Liquor Permit at 6508-10 Lansing Avenue, 1st floor and basement.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No. 9787450 owned by World Transfers, LLC, DBA Shelias Bar & Grille, 6508-10 Lansing Avenue, 1st floor and basement, Cleveland, Ohio 44105, and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 708-2021 Official Proceedings – City Council August 20, 2021 The City Record 189 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 708-2021 Official Proceedings – City Council August 20, 2021 The City Record 190

Resolution No. 709-2021

By Council Member: Hairston

An emergency resolution objecting to the renewal of a D5 and D6 Liquor Permit at 7114 St. Clair Avenue, 1st floor and basement.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a D5 and D6 Liquor Permit, Permit No. 2582025 owned by Eshons House, LLC, DBA Caribbean Vybz Bar & Grille, 7114 St. Clair Avenue, 1st floor and basement, 44103, and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 709-2021 Official Proceedings – City Council August 20, 2021 The City Record 191 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 709-2021 Official Proceedings – City Council August 20, 2021 The City Record 192

Resolution No. 710-2021

By Council Member: Hairston

An emergency resolution objecting to the renewal of a C2, C2X and D6 Liquor Permit at 12730 St. Clair Avenue.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a C2, C2X and D6 Liquor Permit, Permit No. 9116297 owned by 12730 St. Clair, Inc., DBA Quick and Easy, 12730 St. Clair Avenue, Cleveland, Ohio 44108, and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 710-2021 Official Proceedings – City Council August 20, 2021 The City Record 193 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 710-2021 Official Proceedings – City Council August 20, 2021 The City Record 194

Resolution No. 711-2021

By Council Member: Hairston

An emergency resolution objecting to the renewal of a C2, C2X and D6 Liquor Permit at 12901 Shaw Avenue.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.271 of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

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

Section 1. That Council does hereby record its objection to the renewal of a C2, C2X and D6 Liquor Permit, Permit No. 6310018 owned by Nasser, Inc., 12901 Shaw Avenue, Cleveland, Ohio 44108, and requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.271 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 711-2021 Official Proceedings – City Council August 20, 2021 The City Record 195 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read second time.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 711-2021 Official Proceedings – City Council August 20, 2021 The City Record 196

Ordinances and Resolutions

Second Reading Emergency Ordinances Passed

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

After departmental review, the ordinance is returned to Council for consideration in a public hearing before the appropriate Council Committee(s). Council Members and City departments can recommend changes, or amendments, to the legislation during the hearing process. After the review is complete and any amendments have been made, the legislation is read a second time at a Council meeting. A second reading allows Council Members and the public to hear what changes have been made to the law. Amendments cannot be made after the second reading of the legislation.

These ordinances were read for the second time on Wednesday, August 2021, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 298-2021 Ord. No. 535-2021

Ord. No. 356-2021 Ord. No. 537-2021

Ord. No. 458-2021 Ord. No. 538-2021

Ord. No. 472-2021 Ord. No. 540-2021

Ord. No. 531-2021 Ord. No. 541-2021

Ord. No. 533-2021 Ord. No. 542-2021

Second Reading Emergency Ordinances Passed Official Proceedings – City Council August 20, 2021 The City Record 197

Ord. No. 543-2021

Ord. No. 545-2021

Ord. No. 546-2021

Ord. No. 547-2021

Ord. No. 548-2021

Ord. No. 549-2021

Ord. No. 550-2021

Ord. No. 551-2021

Ord. No. 552-2021

Ord. No. 553-2021

Ord. No. 554-2021

Ord. No. 555-2021

Ord. No. 556-2021

Ord. No. 587-2021

Second Reading Emergency Ordinances Passed Official Proceedings – City Council August 20, 2021 The City Record 198

Ordinance No. 298-2021 AS AMENDED

By Council Members: Spencer, McCormack, Bishop, 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 for improving West Franklin Boulevard from West 85th Street to West 25th Street; 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; and causing payment of the City’s share to the State for the cost of the improvement.

THERE IS NO LEGAL OBJECTION TO THIS LEGISLATION IF AMENDED AS FOLLOWS:

1. After Section 14, insert new Section 15 to read as follows:

“Section 15. That the Director of Capital Projects shall present a traffic safety report, including the effectiveness of traffic calming elements, before Council on or about a year from the completion of the Improvement.”

2. Renumber existing Section 15 to new “Section 16”.

Approved by the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development Planning and Sustainability; Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 298-2021 Official Proceedings – City Council August 20, 2021 The City Record 199

Ordinance No. 356-2021

By Council Members: Polensek, Bishop and Brancatelli (by departmental request)

An emergency ordinance authorizing the Director of Public Works to execute deeds of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located at Grovewood Avenue and East 161st Street within Humphrey Park; and declaring that the easement rights granted are not needed for public use.

Approved by the Directors of Public Works; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development Planning and Sustainability.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 356-2021 Official Proceedings – City Council August 20, 2021 The City Record 200

Ordinance No. 458-2021

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

An emergency ordinance to amend Section 3 of Ordinance No. 952-2020, passed December 9, 2020, relating to authorizing the Director of Community Development to enter into a grant agreement with the Near West Side Multi-Service Center dba May Dugan Center, to make repairs to the City-owned facility located at 4115 Bridge Avenue.

Approved by the Directors of Community Development; Finance; and Law; Committees on Development Planning and Sustainability; Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 458-2021 Official Proceedings – City Council August 20, 2021 The City Record 201

Ordinance No. 472-201

By Council Members: McCormack, Bishop and Kelley (by departmental request)

An emergency ordinance determining the method of making the public improvement of constructing the retaining wall on Carter Road; authorizing the Director of Capital Projects to enter into one or more contracts for the construction and design; to accept gifts or grants; to enter into other agreements; authorizing the Director of Capital Projects to enter into option to acquire agreements with property owners within the project site; and authorizing the Commissioner of Purchases and Supplies to acquire real property and easements.

Approved by the Directors of Capital Projects; City Planning Commission, Finance; and Law; Committees on Municipal Services and Properties; Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 472-2021 Official Proceedings – City Council August 20, 2021 The City Record 202

Ordinance No. 531-2021

By Council Members: Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Community Development to accept funding from the United States Treasury Department for purposes of implementing the Emergency Rental Assistance program established under the American Rescue Plan Act of 2021; and authorizing contracts to implement.

Approved by the Directors of Community Development; Finance; and Law; Committees on Development Planning and Sustainability; Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 531-2021 Official Proceedings – City Council August 20, 2021 The City Record 203

Ordinance No. 533-2021

By Council Members: Griffin and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to enter into an agreement with the Cuyahoga County Solid Waste District to accept funding in support of the Department of Public Safety’s Environmental Crimes Task Force for purposes, including but not limited to, the purchase of training and equipment necessary to assist in combatting illegal dumping.

Approved by the Directors of Public Safety; Finance; and Law; Committees on Safety; Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 533-2021 Official Proceedings – City Council August 20, 2021 The City Record 204

Ordinance No. 535-201

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to enter into an amendment to Contract No. PS 2018-059 with Recess Creative, LLC to provide additional marketing, promotional, public relations, and advertising and creative services, including materials, equipment and supplies, necessary to promote Cleveland Hopkins International Airport and Burke Lakefront Airport, for the Department of Port Control.

Approved by the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 535-2021 Official Proceedings – City Council August 20, 2021 The City Record 205

Ordinance No. 537-2021

By Council Members: McCormack and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Aging to apply for and accept one or more grants from the Western Reserve Area Agency on Aging for 2022-23 Western Reserve Area Agency on Aging Programs, including Supportive Services and Aging and Disability Resource Center Programs; and authorizing the director to accept gifts from any public or private entity for the purposes of this grant.

Approved by the Directors of Aging; Finance; and Law; Committees on Health and Human Services; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 537-2021 Official Proceedings – City Council August 20, 2021 The City Record 206

Ordinance No. 538-202

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

An emergency ordinance approving the report of the Assessment Equalization Board on objections concerning estimated assessments with respect to the continuation of The Cleveland Superior Arts Improvement District and the new plan to provide public services for the District; determining to proceed with the plan; adopting and levying the assessments; and authorizing the City to enter into an agreement with the Cleveland Superior Arts Improvement Corporation.

Approved by the Directors of City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 538-2021 Official Proceedings – City Council August 20, 2021 The City Record 207

Ordinance No. 540-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles, apparatus, and off-road equipment, cabs, bodies, and accessories, equipment, and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 540-2021 Official Proceedings – City Council August 20, 2021 The City Record 208

Ordinance No. 541-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Contract No. LS 2019-019 with Cleveland Coordinating Committee for the Cod, Inc. to operate a submarine museum and memorial.

Approved by the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Emergency Ordinances Passed Ord. No. 541-2021 Official Proceedings – City Council August 20, 2021 The City Record 209

Ordinance No. 542-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the second option to renew Contract No. PS 2019-324 with C&K Industrial Services, Inc. to provide professional sewer inspection, operation, and reporting services for the Department of Port Control.

Approved by the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 542-2021 Official Proceedings – City Council August 20, 2021 The City Record 210

Ordinance No. 543-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Contract No. PI 2019-48 with Elite Line Services, Inc. to provide for the upgrading, enhancing, refurbishing, and moving of City-owned jet bridges at Cleveland Hopkins International Airport.

Approved by the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 543-2021 Official Proceedings – City Council August 20, 2021 The City Record 211

Ordinance No. 545-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Contract No. RC 2019-87 with Nachurs Alpine Solutions, LLC to provide FAA-approved deicing chemicals.

Approved by the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 545-2021 Official Proceedings – City Council August 20, 2021 The City Record 212

Ordinance No. 546-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to exercise the first option to renew Contract No. LS 2020-2 with Wargo Law, LLC to operate a law firm in the Terminal Building at Burke Lakefront Airport; to amend certain terms of the lease to add space under a companion license agreement; and to terminate the license agreement.

Approved by the Directors of Port Control; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 546-2021 Official Proceedings – City Council August 20, 2021 The City Record 213

Ordinance No. 547-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles, apparatus, and off-road equipment, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 547-2021 Official Proceedings – City Council August 20, 2021 The City Record 214

Ordinance No. 548-2021

By Council Members: Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with the Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission, or its designee, to assist with the general operating expenses of the organization.

Approved by the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 548-2021 Official Proceedings – City Council August 20, 2021 The City Record 215

Ordinance No. 549-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a non-forgivable loan agreement with 7501 Carnegie, LLC, or its designee, to provide economic development assistance to partially finance the purchase of machinery and equipment for the Central Kitchen located at 7501 Carnegie Avenue, and other associated costs necessary to redevelop the property.

Approved by the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 549-2021 Official Proceedings – City Council August 20, 2021 The City Record 216

Ordinance No. 550-2021

By Council Members: Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with The Greater Cleveland Sports Commission, or its designee, to provide financial assistance to organize and administer programs for marketing the City of Cleveland as a venue for sporting events and to actively market the Public Auditorium as a premier site for the hosting of major events.

Approved by the Directors of Economic Development; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 550-2021 Official Proceedings – City Council August 20, 2021 The City Record 217

Ordinance No. 551-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to enter into a Lease Agreement with the United States Postal Service for the lease of property and a facility on Cargo Road to operate a warehouse, sorting facility, and post office retail store, for the Division of Cleveland Hopkins International Airport, Department of Port Control, for a period of five years with one, five-year option to renew, exercisable by the Director of Port Control.

Approved by the Directors of Port Control; City Planning Commission; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 551-2021 Official Proceedings – City Council August 20, 2021 The City Record 218

Ordinance No. 552-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to enter into a Lease Agreement with Ultimate Air Charters, LLC for the lease of certain space located in the passenger terminal building at Burke Lakefront Airport, for the Department of Port Control, for a period of one year, with four, one-year options to renew, the second of which requires additional legislative authority.

Approved by the Directors of Port Control; City Planning Commission; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 552-2021 Official Proceedings – City Council August 20, 2021 The City Record 219

Ordinance No. 553-2021

By Council Members: J. Jones and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to enter into a Lease Agreement with KCLE JETS INC. dba JETS FBO Network for the lease of an aircraft hangar and associated ramp parking space at 19601 Five Points Road for operation of a fixed-base operating business, for the Division of Cleveland Hopkins International Airport, Department of Port Control, for a period of twenty years with two, five-year options to renew, the first of which requires additional legislative authority.

Approved by the Directors of Port Control; City Planning Commission; Finance; and Law; Committees on Transportation; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 553-2021 Official Proceedings – City Council August 20, 2021 The City Record 220

Ordinance No. 554-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects to employ one or more professional consultants necessary for the Dominion East Ohio Gas Pipeline Infrastructure Replacement Program, for a period of one year with two, one-year options to renew, exercisable by the Director of Capital Projects.

Approved by the Directors of Capital Projects; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 554-2021 Official Proceedings – City Council August 20, 2021 The City Record 221

Ordinance No. 555-2021

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

An emergency ordinance authorizing the Director of Capital Projects to make alterations and modifications in Contract No. PI 2019-57 with Vandra Brothers Construction, Inc. for rehabilitating East 105th Street from East Boulevard to Greenlawn Avenue.

Approved by the Directors of Capital Projects; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 555-2021 Official Proceedings – City Council August 20, 2021 The City Record 222

Ordinance No. 556-2021

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

An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with CC Superior Holding LLC, and/or its designee, to fund eligible project costs or project debt for the development of property for the Cross Country Mortgage Services Project located between Payne and Superior Avenue and East 21st and East 22nd Streets; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose.

Approved by the Directors of Economic Development; City Planning Commission; Finance; and Law; Committees on Development Planning and Sustainability; and Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 13. Nays 1.

Read third time in full.

Passed. Yeas 13. Nays 1.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: Kazy

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 556-2021 Official Proceedings – City Council August 20, 2021 The City Record 223

Ordinance No. 587-2021

By Council Members: Hairston and Polensek

An emergency ordinance designating East 147th Street from Aspinwall Avenue to Pepper Avenue with a secondary and honorary designation of “Pastor James Walden, Jr. Way”.

Approved by the Director of Public Works; City Planning Commission; and Law; Committee on Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 587-2021 Official Proceedings – City Council August 20, 2021 The City Record 224

Ordinances and Resolutions

Second Reading Ordinances Passed

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

Typically, legislation cannot be passed until it has been read on three separate days. However, this requirement is dispensed with a two-thirds vote by the Council, placing the legislation “under suspension.” Once under suspension, the legislation can be passed after the second reading.

These ordinances were read for the second time on Wednesday, August 20, 2021, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 436-2021

Second Reading Ordinances Passed Official Proceedings – City Council August 20, 2021 The City Record 225

Ordinance No. 436-2021

By Council Member: Gray

An ordinance changing the Use, Area and Height Districts of parcels of land south of future Opportunity Corridor Boulevard between East 75th Street and East 79th Street (Map Change 2641).

Approved by the Directors of City Planning Commission; Law; Committee on Development Planning and Sustainability.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full. Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones, Santana.

Second Reading Ordinances Passed Ord. No. 436-2021 Official Proceedings – City Council August 20, 2021 The City Record 226

Second Reading Ordinances Passed Ord. No. 436-2021 Official Proceedings – City Council August 20, 2021 The City Record 227

Ordinances and Resolutions

Second Reading Emergency Resolutions Adopted

A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person. Resolutions are used by Council to recognize dignitaries and community members and their accomplishments.

Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.

Typically, legislation cannot be adopted until it has been read on three separate days. However, this requirement is dispensed with a two-thirds vote by the Council, placing the legislation “under suspension.” Once under suspension, the legislation can be adopted after the second reading.

These resolutions were read for the second time on Wednesday, August 20, 2021, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.

Click on a resolution below to read it:

Res. No. 586-2021

Second Reading Emergency Resolutions Adopted Official Proceedings – City Council August 20, 2021 The City Record 228

Resolution No. 586-2021

By Council Members: Kelley and Spencer

An emergency resolution supporting Ohio Senate Bills 159 and 192 which would reduce certain property taxes on certain qualifying owner-occupied homes.

Approved by the Director of Law; Committee on Finance.

Motion by Council Member Brancatelli to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Gray.

The rules were suspended. Yeas 14. Nays 0.

Read third time in full.

Passed. Yeas 14. Nays 0.

Voting Yea: Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, J. Jones, Kazy, Kelley, McCormack, Mooney, Polensek, Slife, Spencer.

Voting Nay: None

Absent: Bishop, B. Jones and Santana.

Second Reading Emergency Resolutions Adopted Res. No. 586-2021 Official Proceedings – City Council August 20, 2021 The City Record 229

Rules of Council

Rules of Order Governing the Council of the City of Cleveland 2018-2021 Amended

[approved by City Council on August 18, 2021]

The following rules of order shall govern the procedures of the City Council and the conduct of its members.

I. MEETINGS: PLACE, TIME OF CONVENING, QUORUM, ORDER OF BUSINESS

Rule 1. Meetings – Place. All meetings of the Council shall be held in the Council Chamber in the City Hall, unless otherwise ordered by the Council.

Rule 3. Regular Meetings. After the Council has been organized pursuant to Section 28 of the Charter, regular meetings of the Council shall be held in the Council Chamber every Monday evening at 7:00 o’clock P.M., unless otherwise ordered by motion, resolution or ordinance. Whenever the regular meeting falls on a legal holiday or a special election day – or the day preceding a legal holiday or primary or other election day, the meeting shall be held on a day to be fixed by the Council.

Rule 4. Summer Schedule. During the months of July and August, the Council shall be on summer schedule and shall meet at times and dates set forth in the resolution of Council establishing the summer schedule.

Rule 5. Special Meetings. Special meetings may be called at any time by the Mayor, the President of Council, or any five members upon at least twelve (12) hours written notice to each member of the Council served personally on each member or left at his usual place of residence; provided, however, that no notice need be served on any Councilmember present at a meeting of Council at which the President of Council gives oral notice of the time

Official Proceedings – City Council File. No. 716-2021 August 20, 2021 The City Record 230

and purpose of a special meeting. Any special meeting notice shall state the subjects to be considered at the meeting, and no other subjects shall be considered at the special meeting.

Rule 6. Quorum; Professionalism. A majority of all the members elected to Council shall be a quorum to do business, but a less number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties that are prescribed by these rules. All members shall conduct themselves professionally and with civility, and shall attend all official meetings of Council in appropriate professional attire. Appropriate professional attire means: for men: suit and tie; for women: dresses or skirts no more than 4 inches above the knee; dress slacks or pants; blouses or dress shirts; for men and women: hose or socks, dress shoes, dress boots or loafers. All clothing must appear neat, pressed and clean. Inappropriate attire includes: denims or jeans of any color or style; sweat pants; jogging suits; shorts; sweatshirts; spandex; tank tops; halters or other bare midriff or bareback apparel; any shirt with company logo; T-shirts; sheer or see-through blouses or dresses; beach-type or workout clothing; cut-offs; running or athletic wear; baseball caps; fashion hats; frayed, patched, torn (holes) or stained clothing or shoes; tennis shoes; and clothes that appear too tight or too short.

1. Roll call of members. 2. Prayer. 3. Pledge of Allegiance. 4. Disposal of the journal of the preceding meeting. 5. Public Comment. 6. Reports and communications from the Mayor. 7. Reports and communications from departments, commissions and other public officers. 8. Other communications, petitions and memorials. 9. Reading and passage of emergency ordinances and resolutions 10. Introduction of ordinances and resolutions. 11. Second reading of ordinances and resolutions. 12. Third reading of ordinances and resolutions. 13. Miscellaneous business shall be permitted at the direction of the chair. 14. Report of the clerk of absent members. 15. Adjournment.

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thirds vote of all members elected to Council shall be required to permit such introduction out of the regular order.

II. OFFICERS AND EMPLOYEES OF COUNCIL

Rule 8. Presiding Officer. The President of Council and in the President’s absence the President of Council pro tempore, shall preside over the meetings of the Council. In the absence of the President of Council, the Majority Leader shall serve as the President of Council pro tempore; in the absence of both the President of Council and the Majority Leader, the Majority Whip shall serve as the President of Council pro tempore. In the absence of the President of Council, the Majority Leader and the Majority Whip, the Clerk of Council shall call the Council to order; and if, after the roll call is called a quorum is present, the Council shall choose one of its members President of Council pro tempore. The President of Council pro tempore shall preside until the President of Council appears, but in no event beyond the meeting, and shall discharge all the duties and be clothed with all the powers of the President of Council as the presiding officer during the President of Council’s absence. The Presiding Officer shall call all meetings of the Council to order at the hour appointed and shall proceed with the order of business. If a quorum is present, the Presiding Officer shall give the members an opportunity for correcting the journal of the previous meeting, a copy of which shall be placed on the desk of each member of the Council. In the absence of any objections or corrections, the minutes shall stand approved. The Presiding Officer shall preserve order and decorum, and prevent impolite, discourteous or disrespectful behavior toward any member of the body, the administration or the public. He or she shall confine members in debate to the question under discussion and shall prevent a member from questioning or criticizing the motives of another member, of the administration, or of a member of the public. The Presiding Officer shall enforce the time limitation of speaking set forth in Rule 23, shall decide all points of order subject to an appeal to the Council, and shall appoint all standing committees and such select committees as may be authorized by Council from time to time, except in those cases where the resolution authorizing such select committees specifically names the membership.

Rule 9. Members Presiding. The President of the Council during any meeting of Council may name any member to perform the duties of the chair; but such substitution shall not extend beyond that meeting.

Rule 10. The Vote Necessary for Election of President and Clerk. No candidate for President or Clerk of Council shall be declared elected unless the candidate shall have received a majority vote of all members elected to Council.

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Rule 10-1. Roll Call upon Election of President, and Filling Vacancies in the Membership of Council. Upon the roll call for the election of President of Council, City Clerk, Clerk of Council, or for filling any vacancy in the membership of Council, each member shall respond by stating the name of the candidate of his or her choice eligible for such office or appointment, which candidate shall not be required to be a person duly nominated and whose nomination has been duly seconded, provided, however, that no member shall be excused from voting except by unanimous consent.

Rule 10-2. Council Member Office Space and Parking When Seat is Vacated Before End of Term. If a council member vacates his or her seat any time before the end of a four-year term, the person that fills the vacancy shall be appointed the same office space and the same parking space as the vacating member for use until the expiration of the term. Upon the start of any new four-year term, office spaces and parking spaces are re-assigned by seniority. Seniority is lost for a member that retires or resigns and returns to office.

Rule 10-3. Extended Absence of a Member of Council. Any member of Council who is unable to attend regular meetings of Council and scheduled committee hearings by reason of prolonged illness or military leave, may be excused from such duties by a two-thirds vote of the Council authorizing the extended absence. The Clerk may, through a professional services agreement(s), hire a person or persons to supplement the role of the absent member’s Executive Assistant in order to aid the Executive Assistant in carrying out ward- specific services. Any professional services agreement entered into by the Clerk shall have prior legislative authority of the Council.

Rule 11. The City Clerk, Clerk of Council. The Council shall choose a Clerk and such other officers and employees as may be deemed necessary and fix their compensation. The Clerk shall keep the record of the Council, and the Clerk shall be the editor of The City Record. The Clerk shall keep a proper file of all papers and documents which are a part of the transactions of the Council, of meetings of committees and all orders of the Council, and shall make such records available to the public. The Clerk shall be secretary to all committees, but may assign an assistant as secretary to any committee. The Clerk shall keep minutes of each committee meeting which minutes shall be made available for public inspection upon request. The Clerk shall cause to be published in The City Record attendance roll calls of committee meetings. In addition, the Clerk shall report to Council the absence of members from Council meetings and shall perform such other and further duties as may from time to time by Charter, statute or ordinance be required of the Clerk.

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Rule 11-1. Committee on Council Operations. Not later than the fourth meeting of the Council after its organization, the President of Council shall appoint four (4) members to a Committee on Council Operations. In addition to the appointed members, the President of Council shall also be member of the committee. The committee shall work in conjunction with the Clerk to oversee the personnel and operations of Council, as well as any policies and procedures that impact the operations of Council.

Rule 11-2. The City Record. The Clerk of Council, as editor of The City Record, shall see that the following rules are observed in the preparation and introduction of ordinances and resolutions and in the editing and publishing of The City Record.

(a) The title of all ordinances and resolutions shall be confined to a brief statement of the subject matter of the bill and shall be printed in bold face type. (b) Preambles or “whereas” clauses in ordinances and resolutions shall be restricted to one emergency preamble required by the Charter, except where a “whereas” clause is an essential part of the ordinance or resolution. (c) When drafted, ordinances shall be divided into short sections, wherever practicable, in order to allow amendments without printing so much of the original ordinance. (d) Ceremonial resolutions shall be numbered and recorded in cases of death of an outstanding citizen or occasions of great civic importance. (e) The minutes and proceedings of administrative boards shall be published in The City Record.

Rule 12. Sergeant-at-Arms. The Council may appoint a Sergeant-at-Arms to be in attendance at meetings of Council. The Sergeant-at-Arms, under the direction of the presiding officer, shall preserve order in the Council Chamber and adjoining rooms, and in the manner to be prescribed by ordinance shall compel the attendance of absent members.

III. COMMITTEES OF COUNCIL

Rule 13. Standing Committees. Not later than the fourth meeting of the Council after its organization, the President of Council shall appoint one (1) standing committee of nine (9) members and seven (7) standing committees of seven (7) members each. The first named member shall be chair and the second named shall be vice-chair. All committee appointments shall be made under this Rule, including that of chair and vice-chair. The vice-chair shall preside until the chair appears and shall discharge all the duties and be clothed with all the powers of the chair during the chair’s absence. In the absence of the chair and the vice-chair and a quorum being present, a temporary chair shall be selected by a

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majority vote of the members present who shall preside until the chair or vice-chair appears and the temporary chair shall discharge all the duties and be clothed with all the powers of the chair during the chair’s absence.

A. The nine member committee and its subject matter is as follows:

COMMITTEE ON FINANCE shall research, investigate, develop and implement public policy and advocate for the financial stability and operations of the City of Cleveland.

The Committee on Finance shall oversee the Departments of Finance and Law, and any processes and policies that impact the City’s financial stability and operations. The Finance Committee shall: review all ordinances, resolutions and other matters pertaining to finances, indebtedness, appropriations, the payment of monies not provided for by previous legislation, taxation, the standardization of salaries and wages, union agreements, civil service, the pensioning of employees and the sale, lease or purchase of real estate; review and approve all city financial expenditures and budgetary items along with all financial matters that pertain to the city; review changes to the Codified Ordinances; review legislation regarding city annexations, redistricting, and charter amendments; review all matters relating to courts; review ordinances relating to licenses and those imposing fines, penalties, forfeitures or imprisonment, printing and advertising.

B. The seven member committees and the subject matters that shall be referred to them are as follows:

a. COMMITTEE ON UTILITIES shall research, investigate and develop public policy and advocate for public utilities and information technology for the City.

The Committee on Utilities shall oversee the operations of the Department of Public Utilities and the services that it provides, as well as any legislation, operations and policies that impact utilities and their access and use; the Committee shall ensure that all utility services are being provided at a reasonable cost and shall examine any increase in service fees and rates when necessary. The Utilities Committee shall review the financial stability and operation of the city’s public utility enterprise funds and shall review how Information Technology is integrated into daily operations of the City.

b. COMMITTEE ON DEVELOPMENT, PLANNING AND SUSTAINABILITY shall research, investigate, and develop public policy and advocate for residential and commercial development and land use planning and sustainability for the City.

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The Committee on Development, Planning and Sustainability shall be referred all ordinances, resolutions and other matters pertaining to the Departments of Economic Development, Community Development, Building and Housing and the City Planning Commission, and shall oversee these departments as well as any operations and policies that impact planning, sustainability, development, housing and commercial activities in the City and the greater Cleveland region. The Committee shall oversee all residential, retail, commercial and industrial development and redevelopment activities in the City and ensure that land use planning and zoning utilize the highest and best uses of the City.

c. COMMITTEE ON HEALTH AND HUMAN SERVICES shall research, investigate and develop public policy and advocate for a healthy environment for the City and its residents.

The Committee on Health and Human Services shall be referred all legislation and all other matters pertaining to the Departments of Public Health and Aging. The Committee shall review any operations and policies that impact the health of the City’s residents, workers and visitors; and shall oversee fiscal expenditures that promote health initiatives.

d. COMMITTEE ON SAFETY shall research, investigate and develop public policy and advocate for a safe Cleveland.

The Committee on Safety shall oversee the Department of Public Safety, as well as all operations and policies that impact the safety of the City of Cleveland’s residents, workers and visitors, and shall oversee all fiscal expenditures for the Department of Public Safety. The Committee also shall review all matters pertaining to the Community Relations Board

e. COMMITTEE ON TRANSPORTATION shall research, investigate and develop public policy and advocate for world-class transportation systems for the City.

The Committee on Transportation is responsible for overseeing the Department of Port Control and any legislation, operations and policies that impact transportation in Cleveland, including Greater Cleveland’s public transportation, bus, limousine and taxicab operations, waterways and infrastructure, and their impact on commerce. The Committee shall oversee all matters directly relating to all city-owned airports, aviation services and port activities, including harbors, rivers and lakes as these pertain to travel and port commerce. The Committee shall review the financial stability and operation of the City‘s transportation enterprise funds, examine regional transportation policies of area-wide agencies such as GCRTA and NOACA and how they impact the City; and oversee

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planning and development efforts for multi-modal transportation operations, including rail and bikeways.

f. COMMITTEE ON MUNICIPAL SERVICES AND PROPERTIES shall research, investigate and develop public policy and advocate for high- quality municipal services and properties for the city.

The Committee on Municipal Services and Properties shall be referred all legislation and other matters pertaining to the Department of Public Works and the Office of Capital Projects, and shall oversee any operations and policies that impact municipal services and properties; shall oversee those matters that pertain to public infrastructure improvements, including roads, bridges and sidewalk improvements; recreation, parks and public green space; shall oversee waste management and recycling; examine best public improvement practices; review the use of municipal bond funds for capital improvement projects; and shall monitor and evaluate the quality of work done on public improvement projects.

g. COMMITTEE ON WORKFORCE & COMMUNITY BENEFITS shall research, investigate and develop public policy and advocate for equity, empowerment and jobs for the City and its residents.

The Committee on Workforce and Community Benefits shall oversee the Office of Equal Opportunity and all operations and policies that impact the City’s ability to promote workforce development and community benefits for City residents. The Committee shall: ensure that the City promotes empowerment of citizens through education, training, job creation and development; work with area businesses to create a working environment of justice and equity; monitor compliance with community benefits, agreements, policies and procedures; help develop and keep a workforce that fulfills the needs of employers; review education systems and curricula for Cleveland’s citizens of all ages and levels and advocate reforms.

Rule 13-1. Approval of Council of Appointments by Mayor. Whenever the approval of Council is required for appointments by the Mayor, the President of Council, upon request of the Mayor for approval of any appointment, shall immediately appoint a select committee of five (5) members to which shall be referred the name of each person whose appointment is submitted for approval of Council. The select committee shall report to Council its recommendation and Council, as part of the appropriate order of business, shall proceed to vote upon the approval of each appointment; the question being “Shall the Council approve the appointment by the Mayor?” If a majority of all the members elected to Council vote yea, the Council shall approve such appointment.

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Rule 13-2. Member Pro Tempore. In the event of the absence of a member from a published scheduled committee, the Council President, upon the request of the chair of the committee, may appoint a Councilmember to serve as a member pro tempore for purposes of that committee meeting. The appointment by the Council President of the member to that committee shall expire upon completion of that committee meeting. Upon appointing a member pro tempore, the Council President shall notify the members of Council of the appointment and shall cause such appointment to be reflected in the City Record.

Rule 13-3. Removal of Members from Committees. The President of Council, may for cause at any time, remove and replace any member or members of any standing committee established under Rule 13 or from any special committee or committees.

Rule 13-4. Authority of Committee Chair; Rules of Committees. The Chairperson of a committee shall maintain the order and decorum of the committee hearing and otherwise have the responsibilities and authority of a Presiding Officer as set forth in Rule 8. The committee chair shall enforce a time limit of 15 minutes on councilmembers for discussion of a topic, which time limit is subject to the discretion of the Chair. Except in case of obvious inconsistency or inapplicability, committee hearings shall be governed by the rules applicable to Council proceedings.

Rule 14. Committee Meetings. A majority of the members of a committee shall constitute a quorum for the transaction of business. Each committee shall hold its regular meetings at the time and place fixed in the schedule, as prepared by the President of Council and Clerk of Council in conference with the chairs of the several committees.

Rule 14-1. Meeting. A committee meeting schedule shall be published by the Clerk. Should the chair of a committee find it necessary to hold the meeting at another time and place, the chair shall cause notice to be given and posted at least twenty-four (24) hours before the new time fixed for the meeting. All committee meetings shall be open, and a record of the attendance of members of the committee and the action taken there, shall be kept by the secretary of the committee in a record provided for that purpose. Such record shall be kept on file with the Clerk of Council and open to public inspection as other public records. No legislation shall be amended while in committee and it shall be the duty of the committee to recommend to Council the approval, disapproval or amendment of any legislation pending before the committee. A majority of the members of a committee shall be necessary for the recommendation of approval, disapproval or amendment of any legislation pending before a committee. A committee member shall not sign any legislation to recommend approval, disapproval or amendment if that committee member is absent from the committee

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during discussion of that legislation. All other motions shall require only a majority vote of the members of committee present.

Rule 14-2. Councilmember Absences. Each absence of a committee member, not authorized by the chair for good cause, or the absence of the chair, not authorized by the President of Council for good cause, shall be deemed a violation of the Rules of Council under Section 29 of the Charter, punishable by a fine of one hundred dollars ($100.00) for each unauthorized absence. For the purpose of this Subsection 14-2 but not for purposes of voting on recommendations to legislation the discussion of which occurs during the member’s actual presence at committee, a committee member or chair shall be deemed absent if that committee member or chair reports to the committee meeting later than fifteen (15) minutes after the scheduled time for the commencement of the meeting or when, after the commencement of the meeting, leaves the meeting, except in case of necessity or emergency, without the authorization of the chair or acting chair. Absence of a member of a committee from three (3) consecutive meetings, unless authorized by the chair of such committee, may cause the removal of such member from such committee by the President of Council.

Rule 14-3. Committee Room Seating. Seats at the table in the committee room shall be reserved for members of the committee, the Mayor and administrative officials having business before the committee, members of Council not members of the committee, persons specifically invited by the chair or by a vote of the committee, reporters, representatives of civic organizations and of organized labor, and it shall be the duty of the Clerk of committees to see to it that the foregoing precedence of seating is strictly followed.

Rule 15. Reports. No ordinance, resolution, petition, or other matters referred to a committee for action shall be approved or disapproved and reported out until it is first considered at a committee meeting regularly called as provided for in these Rules and no committee shall consider or hold a hearing on any proposed legislation until it has been introduced in Council and referred to the committee. The chair, upon motion of any member that shall not require a second, shall put the question of the recommendation of approval or of approval when amended. If a majority of the members of the committee vote affirmatively, the legislation shall be reported immediately to Council as “Recommended for Passage”; but if a majority of the members of the committee vote negatively on the question, the legislation shall be reported immediately to Council as “Not Recommended for Passage”. The vote on all matters before the committee shall be recorded in the minutes of the committee meeting. When a majority of a committee has reported, recommending or not recommending the passage, adoption or approval of the legislation under consideration, the minority may present a minority report. All such

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reports shall be in writing and signed by the members of the committee voting in favor of or against the report.

Rule 16. Committee of the Whole. Upon declaration by the Council President without objection or by motion of a Councilmember supported by a majority vote of Council, the Council shall resolve itself into a Committee of the Whole for the purpose of hearing from a person who is not a member of the Council, or for the purpose of considering business generally, or for the purpose stated in the motion. When the Council decides to go into Committee of the Whole, the regular officers shall continue to serve, without objection, otherwise the Council shall appoint a Chair to preside, and the presiding officer of the Council shall leave the chair. The rules of Council, in so far as practicable, shall be observed in the Committee of the Whole; however, a roll call of yeas and nays shall not be in order.

Rule 16-1. Joint Committee. When it is desired that legislation be considered by two or more standing committees jointly, a reference may be made by the President of Council to a joint committee comprised of the membership of said standing committees, which shall operate as a single committee. A quorum of a joint committee shall consist of a majority of the members thereof, counting membership in each committee separately, so that a member of each of two or more committees constituting the joint committee shall be counted once for each committee on which he or she is a member. A majority vote, similarly counted, shall be required for action by such joint committee. The President of Council shall determine the chair of the joint committee from the chair of the standing committees that make up the joint committee.

Rule 16-2. Subcommittee. When determined to be in furtherance of the legislative process, the chair of a standing committee and the President of Council may designate certain members of the standing committee to form a subcommittee for the purpose of examining matters that are identified by the chair and President at the time the subcommittee is formed. At the completion of its work, the subcommittee shall report its findings to the entire standing committee or, in the discretion of the President of Council, the entire Council.

IV. DUTIES, PRIVILEGES AND DECORUM OF MEMBERS

Rule 17. Roll Call of Council. Every member shall be seated within the “well” at the time of roll call, otherwise the member shall not be recorded as present except upon order of Council. The Clerk shall publish in The City Record the names of the members present and absent.

Rule 18. Duty to Vote. Every member present shall vote on all questions upon the call of the yeas and nays, unless excused by the unanimous consent of

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the Council; except that no member shall vote on any question in which they are financially interested or which in any way involves personal or private rights. Any member present, unless so excused, or excepted as above, who refuses to vote upon any question relating to the city government, upon which the member may vote, when the yeas and nays are being taken shall be guilty of contempt of the Council, and may, for such contempt, be censured by a majority vote of the Council or may be expelled from the Council by a vote of two-thirds of all the members of the Council pursuant to Section 29 of the Charter of the City of Cleveland.

Rule 19. Yeas and Nays. On the passage of every ordinance or resolution, and on the appointment of every officer, the vote shall be taken by yeas and nays, entered in full upon the records and published in the official journal. On any other question, the yeas and nays shall be entered upon the record on the request of any member. Upon the call of the yeas and nays, the Clerk shall call the names of members alphabetically and record the vote.

Rule 20. Change of Vote. Before the announcement of the vote on any question, the Clerk shall read the vote of each member so taken upon the demand of any member, at which time any member on account of error or for any other reason may change his or her vote; but no member shall be permitted to change his or her vote as recorded after the roll call has been verified and the result declared.

Rule 21. Recording of Vote of Absent Member. Any member, having been unavoidably absent may at the next meeting be permitted to have their vote recorded upon any question acted upon during such absence; provided such vote shall not change the result; and provided further that such member shall not be entitled to move a reconsideration of the question to be voted upon.

Rule 22. Right of Floor. When any member is about to address the Council the member shall rise and respectfully address the presiding officer, and when recognized by the chair shall confine any comments to the question under debate, shall not be impolite, discourteous or disrespectful toward any member of the body, the administration or the public, and shall refrain from questioning or criticizing the motives of another member, the administration or a member of the public. When two or more members ask recognition at the same time, the presiding officer shall name the member who is first to speak and the exercise of such discretion by the presiding officer shall not be subject to appeal under Rule 25.

Rule 23. Time Limitation of Speaking. No member shall be allowed to speak for a longer time than 4 minutes at any one time without the permission of Council. No member shall speak more than once on the same legislation until every other member desiring to speak on that legislation shall have had an opportunity to do so. Neither the Mayor nor any director may

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speak longer than 4 minutes upon the same motion, ordinance or question without the consent of Council.

Rule 24. Members Called to Order. If any member in speaking or otherwise transgresses the rules of the Council, the President shall call the offending member to order. The member so called to order shall immediately take his seat unless permitted by the President to explain. Any member may, by raising the point of order, call the attention of the President to such transgression. The President, without debate, shall decide the point of order. Every such decision of the President shall be subject to appeal to the Council upon motion with a second.

Rule 25. Right of Appeal. Any member may appeal to the Council from a ruling of the presiding officer. The member making the appeal may briefly state the reason for the same, and the presiding officer may briefly explain the ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then put the question, “Shall the decision of the chair be sustained?” If a majority of the members present vote yea, the ruling of the chair is sustained; otherwise it is overruled.

Rule 26. Member May Read from Books, etc. Any member while discussing a question, may read from books, papers or documents any matter pertinent to the subject under consideration without asking leave; provided, however, that such reading shall be subject to and included within the time limitation prescribed in Rule 23.

Rule 27. Division of Question. If the question contains two or more divisible propositions, the presiding officer may, and upon request of a member, divide the same; but a motion to strike out a provision and insert a substitute is not divisible.

Rule 28. Personal Privilege. Any member may rise to explain a matter personal to the member, and on stating that it is a matter of personal privilege, the member shall be recognized by the President, but shall not discuss a question or issue in such explanation. Such explanation shall not consume more than 2 minutes of time unless extended by consent of the Council. Matters of personal privilege shall yield only to a motion to recess or adjourn.

Rule 29. No Person, Other Than the Clerk and the Clerk’s Assistants, Shall Be Permitted at the Clerk’s Desk While the Yeas and Nays are Being Taken. No person, other than the Clerk and the Clerk’s assistants, shall be permitted at the Clerk’s desk while the yeas and nays are being taken.

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V. MOTIONS

Rule 30. Purpose and Form. Motions shall be used only to expedite the orderly transaction at the business of Council and shall not be substituted for resolutions or ordinances. The form of all motions shall be “I move that” followed by the substance of the motion. No second shall be required for any motion except as specifically provided for in a rule, but upon demand of any member any motion shall be withdrawn by the maker before it has been amended or voted upon. When a motion is made the presiding officer shall state it before any debate shall be in order. All motions that have been entertained by the President of Council shall be entered upon the minutes.

Rule 31. Precedence of Motions. When a question is before the Council no motion shall be entertained except the following:

1. To adjourn. 2. To fix the hour of adjournment. 3. For the previous question. 4. To lay on the table. 5. To postpone to a day certain. 6. To postpone indefinitely. 7. To refer to a committee. 8. To amend.

These motions shall have precedence in the order indicated. The motion to adjourn and the motion for the previous question, shall be put to a vote without debate; the motion to fix the hour of adjournment shall be debatable only as to the time of such adjournment; and all other motions shall be debatable.

Rule 32. The Previous Question. The motion for the previous question shall require a majority vote of all members elected to Council; shall be considered only once; may be renewed after intervening business; shall take precedence over all debatable questions and shall be in order to prevent amendment of questions that are not debatable. When the previous question is moved and seconded by one other member, it shall be put as follows: “Shall the main question be now put?” There shall be no further amendment or debate but pending amendments shall be put in their order before the main question. If the question, “Shall the main question be now put?” be decided in the negative, the main question remains before the Council.

Rule 33. Motion to Lay on the Table. The motion to lay on the table shall dispose finally of the legislation against which it is invoked but a motion to lay a pending amendment to an ordinance or resolution on the table shall

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not carry the ordinance or resolution with it. A motion to lay on the table shall require a majority vote of all members elected to Council.

Rule 34. Motion to Postpone to a Day Certain. A motion to postpone to a day certain shall require a majority vote of the members present; shall be subject to reconsideration; may be renewed after intervening business; shall be debatable as to the propriety of the postponement but not upon the merits of the legislation; and may be amended by changing the date. Upon the arrival of the date to which postponed the legislation shall be considered in the regular order of business of that day.

Rule 35. Motion to Postpone Indefinitely. The motion to postpone indefinitely shall have the same effect as a motion to lay on the table, and shall require a majority vote of all members elected to Council. A motion to postpone indefinitely shall not be reconsidered; shall be debatable and shall open the legislation to debate; may be renewed after intervening business and may not be amended or laid on the table, and shall be subject to previous question.

Rule 36. Reconsideration. After the decision of any question, any member who voted with the majority may move for a reconsideration of any action at the same or the next succeeding meeting, provided, however, that a resolution authorizing or relating to any contract may be reconsidered at any time before the final execution thereof. A motion to reconsider shall require a majority vote of all the members elected to Council. After a motion for reconsideration has once been acted upon, no other motion for reconsideration of the same question shall be made without unanimous consent of the members present.

VI. ORDINANCES AND RESOLUTIONS

Note: “The adoption of a resolution is the proper procedure for an informal enactment providing for the disposition of a particular item of business, while the passage of an ordinance is the proper procedure for the enactment of a regulation of a general or permanent nature.” (19 R.C. L. 895; 46 C.J. 519; 29 O.A. 386).

Rule 37. Introduction. Ordinances and resolutions shall be introduced in the Council in electronic, digital, printed or written form, with the name of the member introducing the same endorsed thereon. No ordinance or resolution affecting the zoning regulations or the construction of public improvements within a particular ward shall be introduced in Council in the name of the member of Council from such ward except with that member’s written permission prior to introduction, and when the member’s name is followed by the words “By departmental request”, which sponsorship shall not imply agreement with the purpose of such

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legislation. Ordinances submitted by the initiative shall have endorsed on them “Submitted by Initiative Petition”.

Rule 37-1. Preparation of Legislation. In order that adequate time may be given to the preparation of legislation, members of Council shall present requests for legislation in a timely manner, and not later than 5:00 o’clock P.M. on the Friday preceding the meeting at which such legislation is to be introduced for first reading, and not later than 5:00 o’clock P.M. on the Wednesday preceding introduction of legislation for passage under suspension of the rules. Rule 37-2. Request for Legislation. All legislation shall have indicated at the end the date of preparation and the initials of the council member and preparer of the legislation; and all legislation originating in administrative departments shall contain in addition the name of the head of the department or division for whom prepared and the name of the member of Council introducing such legislation shall be followed by the words “By departmental request” in parentheses.

Rule 37-3. Request for Legislation for Passage Under Suspension of the Rules. The Clerk of Council shall not accept a request for legislation for passage on introduction under suspension of the rules unless furnished sufficient copies of such legislation to provide each member of Council, together with a like number of copies of a statement by the Director of the requesting department setting forth the reasons immediate action is required. A request for legislation for passage on introduction under suspension of the rules at the last meeting prior to the summer recess of Council or at the final annual meeting of Council shall not be accepted by the Clerk of Council unless the required statement bears the approval of the President of Council. To the extent that circumstances permit all such legislation shall be considered informally by at least one committee of Council, to which such legislation would otherwise be referred.

Rule 38. Form of Ordinances. The enacting clause of all ordinances shall be “Be it ordained by the Council of the City of Cleveland.” except those submitted by Initiative petition, which shall be “Be it ordained by the people of the City of Cleveland.” All ordinances before introduction shall be submitted electronically or digitally in a format provided by the Clerk. No ordinance or resolution or section thereof shall be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution, or section revised or amended, and the original ordinance, resolution, section, or sections so amended shall be repealed.

Rule 39. Emergency Ordinances. If any emergency ordinance or resolution fails to receive a two-thirds affirmative vote of all members elected to Council, such measure shall cease to be before the Council as an emergency measure and shall have the standing that a measure would have had if it had not been read as an emergency measure.

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Rule 40. Reference to Committee. All ordinances and resolutions shall be read by title on the day when introduced, unless such reading is dispensed with by a two-thirds vote; and unless otherwise ordered by the Council shall be referred by the presiding officer to the appropriate committee or committees, which reference shall be announced immediately by the Clerk. The committee or committees to which the legislation is referred shall, after due consideration and at least one public hearing, propose any amendments with recommendations for approval or disapproval. When so reported, the ordinance or resolution shall, unless otherwise ordered, be read a second time and laid over until the next meeting of the Council, when the same shall be read a third time and a vote taken thereon. The Council shall not act upon any ordinance or resolution except a resolution of condolence or one of an extreme emergency nature, until it has been referred to and reported upon by a committee or committees of Council.

Rule 40-1. Reference Back to Committee. Any pending legislation may, by a vote of a majority of the members elected to Council or by declaration of the Council President without objection, be referred back to any committee to which it was previously referred under these rules, or to any appropriate committee designated in the motion to refer back. When referred back to a committee, such legislation shall have the same standing as it had at the time when referred back.

Rule 41. Reference to More Than One Committee. Whenever any pending matter is referred to more than one committee for consideration and report, the committees may consider the matter in a joint session as a joint committee, if the chairs of the committees concerned consent. The chair of the committee first named shall preside at the joint sessions, and each member of the joint committee shall have one vote for each committee of which he or she is a member composing the joint committee. A majority of the members of each of the separate committees shall constitute a quorum of such committee and the vote shall be taken by roll call of each of the separate committees constituting the joint committee. Its report shall be made in the same manner and under the same rules as reports are made by standing committees.

Rule 41-1. Relieving Committees. Any committee to which an ordinance or resolution has been referred under Rule 40 or referred back under Rule 40-1, may be relieved of further consideration of such legislation by a motion duly made and adopted by a two-thirds vote of all members elected to Council or by the chair of the committee to which the legislation has been referred with the consent of the Council President.

Rule 42. Three Readings. No ordinance or resolution shall be passed until it has been read on three separate days; unless the reading on three separate days has been dispensed with by a two-thirds vote of all members elected

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to Council. The final reading shall be in full unless an electronic, digital, written or printed copy of the measure is furnished to each member of the Council prior to the reading. Electronic, digital, or printed copies of all first reading ordinances and resolutions to be introduced for passage and adoption under suspension of the rules and without reading on three separate days shall be furnished to the members prior to a vote being taken on the ordinance or resolution. When it is desired to suspend this and Rule 40 in order to permit the passage of legislation upon introduction the question on the motion for such suspension shall be as follows: “Shall the Charter and statutory provisions and Rule 42 requiring reading on three separate days and Rule 40 requiring reference to committees be dispensed with and Ordinance No. ... (Resolution No. ...) be placed on final passage?” If two-thirds of all the members elected to Council vote yea, the Charter, statutory and rule requirements requiring reading on three separate days and reference to committees shall be suspended. As an exception to the foregoing, resolutions of condolence and congratulatory resolutions shall be read by title only and adopted viva voce or by rising vote.

Rule 42-1. Copies Required for Suspension of Rule 42. No ordinance of a general nature or imposing penalties which has not been referred to a committee of Council, shall be passed under suspension of the rules unless an electronic, digital or written copy of such ordinance is furnished to each member prior to the passage of such ordinance under suspension of Rule 42.

Rule 43. Appropriation Ordinances. Ordinances making appropriations shall be confined to the subject of appropriation. No money shall be appropriated except by ordinance. All ordinances for fixing a tax rate, the appropriation of money, the issuance of bonds, the transfer of money to any fund, or the payment of claims; and all resolutions and ordinances whereby the city shall become liable for the payment of any money, shall be referred without debate to the finance committee for consideration and report; unless this requirement shall be suspended by two-thirds of all the members elected. The vote of each suspension shall be taken by yeas and nays and entered on the record.

Rule 44. Substitute Legislation. Legislation dealing with the same subject matter may be substituted for any pending ordinance or resolution by a majority vote of all the members elected to Council, upon the recommendation of any committee to which such legislation has been referred. Substitute legislation shall be subject to all the provisions of the Charter and rules applying to ordinances on first reading, and the legislation for which such substitute is offered shall be laid upon the table as a final disposition thereof. Before accepting for introduction any substitute legislation, the author of the original legislation shall be given notice of the substitute legislation by the Clerk of Council.

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Rule 45. Amendments. It shall be in order to amend an ordinance at any time when not in the hands of a committee; but if amended after its second reading, it shall again be read as the second reading thereof, and laid over for further and final action. A majority vote of all the members elected to Council shall be necessary for the adoption of an amendment to any legislation pending before the Council.

Rule 46. Adoption. All ordinances and resolutions shall require for passage or adoption a majority vote of all the members elected. The vote on their adoption shall be taken by yeas and nays and entered on the records of the meeting except as otherwise provided in these rules.

Rule 47. Signing Ordinances and Resolutions. All ordinances passed and resolutions adopted by Council shall be signed by the President and presented immediately to the Mayor by the Clerk.

Rule 48. Action on Mayor’s Veto. When the Mayor refuses to sign an ordinance or resolution or any part of an ordinance or resolution and returns the ordinance or resolution to the Council with objections, pursuant to Section 37 of the Charter, the Council shall, after at least one week following the meeting at which such vetoed ordinance or resolution is returned, proceed to reconsider the vetoed ordinance or resolution. After the adoption of the motion to reconsider, the question shall be stated as follows: “Shall Ordinance No. (Resolution No.) be passed (or adopted) notwithstanding the veto of the Mayor? Those voting yea vote to override the Mayor’s veto. Those voting nay vote to sustain the Mayor’s veto.” If two-thirds of all the members elected to Council vote yea, such ordinance or resolution vetoed by the Mayor shall take effect without the Mayor’s signature.

VII. ADMINISTRATIVE OFFICERS

Rule 49. Attendance Required. The Mayor and the directors of all departments shall be required to attend the regular and special meetings of Council and shall be provided with seats on the floor of the Council. They shall be required, at any such meeting, to answer such questions relating to the affairs of the city under their respective supervision and control as may be put to them by any member of the Council.

Rule 50. Reports of City Officers. All ordinances, resolutions and communications pertaining to matters that come under the supervision and control of the Mayor may, in addition to being referred to the proper committees, also be referred to the respective administrative officers for recommendation and report. Not later than thirty (30) days after reference to the administrative officer or officers as the case may be each ordinance or resolution referred shall be returned to the Clerk of Council with the

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endorsement of each administrative officer’s approval or disapproval of the referred matter. The Clerk of Council shall rigidly enforce this rule.

Rule 51. Mandatory Referral of Legislation. Mandatory referral of legislation to the City Planning Commission under Section 76-3 of the Charter shall be deemed to include the following matters:

1. Zoning or other regulations of land use. 2. Acquisition or lease of land for public uses. 3. Sale or lease of publicly owned lands. 4. Vacation or dedication of streets or alleys. 5. Street widening or street extensions. 6. Permits for private uses of streets or public property. 7. Determining to proceed with public improvements. 8. Requests for studies or plan preparation. 9. Bond issues for capital improvements. 10. Housing.

A request for an additional thirty (30) day period for further consideration may be granted by the President of Council if the application for such extension is submitted to the President before the expiration of the thirty (30) day period allowed by Section 76-3 of the Charter. No further extension of time shall be allowed except upon motion of a member of Council adopted by a majority vote of all the members present. Such request shall be filed with the Clerk of Council.

Rule 52. Mutilation of Legislation. No alteration, change, erasure or mark shall be made upon any piece of legislation by any person except the Clerk of Council and then only pursuant to an amendment thereto made by Council pursuant to Rule 45. Nothing shall be physically attached to any piece of legislation after introduction except the fiscal certificate required by Section 106 of the Charter nor shall any endorsement appear upon any legislation except that of the director of the requesting department or office. Pertinent data or reports may be filed with legislation.

VIII. COUNCIL CHAMBER

Rule 53. Use of Council Chamber. The Council Chamber shall be used only for meetings of the Council or Council committees, except where the Council by vote authorizes its use by persons other than city officials. The Clerk, with the written approval of the President of Council, may permit other public officials to use the Council Chamber on public business, when not in use by the Council or committees.

Rule 54. Privileges of Floor. No person except members of the Council, designated Council staff, officers named in the rules, reporters and persons invited by the President of Council or by vote of the Council shall

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be admitted within the “well” of the Council chamber, and the Sergeant-at- Arms shall cause this rule to be rigidly enforced.

IX. RULES, SUSPENSION, AMENDMENT AND OTHER

Rule 55. Suspension of Rules. Any provision of these rules may be suspended at any meeting of the Council, by a majority vote of all the members elected, except when a greater number is required by law or by the rules. The vote on any such suspensions shall be taken by yeas and nays and entered upon the records.

Rule 56. Amending Rules. These rules may be amended, or new rules may be adopted by a majority vote of all members elected to the Council, on the report of the committee formed for such purpose.

Rule 57. Other Rules. Except as herein otherwise provided, the proceedings of the Council shall be governed by the City Charter, the Codified Ordinances of the City of Cleveland, and Robert’s Rules of Order, and it shall be the duty of the presiding officer to adhere to and enforce such rules.

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Official Proceedings Adjournment City Council

Cleveland, Ohio Wednesday, August 18, 2021

MOTION

On the motion of Council Member Brancatelli, the absence of Council Members Kevin L. Bishop, Basheer S. Jones and Jasmin Santana are hereby authorized. Seconded by Council Member Gray.

MOTION

The Council Meeting adjourned at 3:05 p.m. at the call of the chair. The next regular meeting of Council is on Monday, September 20, 2021, at 7:00 p.m. in the Council Chamber.

Patricia J. Britt City Clerk, Clerk of Council

Adjournment Official Proceedings – City Council August 20, 2021 The City Record 251

Council Committee Meetings

Monday, August 16, 2021 2:00 p.m.

Finance Committee Present: Kelley, Chair; Griffin, Vice Chair; Bishop, Brancatelli, Conwell, Kazy, McCormack, Mooney

Tuesday, August 17, 2021 9:30 a.m.

Development, Planning and Sustainability (Zoning) Committee Present: Brancatelli, Chair; Hairston, Vice Chair; Griffin, McCormack, Slife Authorized Absence: B. Jones

9:30 a.m.

Development, Planning and Sustainability Committee Present: Brancatelli, Chair; Hairston, Vice Chair; Griffin, McCormack, Slife Authorized Absence: B. Jones

Wednesday, August 18, 2021 9:00 a.m.

Committee of the Whole Present: Kelley, Chair; Brancatelli, Conwell, Gardner, Gray, Griffin, Hairston, B. Jones, J. Jones, Kazy, McCormack, Mooney, Polensek, Slife, Spencer Authorized Absence: Bishop, Santana

Council Committee Meetings August 20, 2021 The City Record 252

Board of Control

Wednesday, August 18, 2021

The meeting of the Board of Control convened in the Mayor's office on Wednesday, August 11, 2021, at 10:35 a.m. with Director Langhenry presiding.

Members Present: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

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

Michael Curry, Interim Director Office of Equal Opportunity

Alberto Guzman, Supervisor of Hardware Evaluations Law Department

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

There being no further business, the meeting was adjourned at 10:39 a.m.

Jeffrey B. Marks Secretary – Board of Control

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 253

Resolution No. 335-21 Adopted 8/18/21 By Interim Director Keane

BE IT RESOLVED by the Board of Control of the City of Cleveland that under the authority of Ordinance No. 1276-16, passed by the Council of the City of Cleveland on November 28, 2016, CDM Smith 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 provide professional services to evaluate and design the sludge residuals improvements for its Nottingham, Baldwin, and Morgan Water Treatment Plants, 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 CDM Smith Inc. based upon its proposal dated April 29, 2021, which contract shall be prepared by the Director of Law, shall provide for furnishing of professional services described in the proposal in an amount not exceeding $1,452,900.00, and shall contain such additional 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 subconsultant by CDM Smith Inc. for the above-mentioned professional services is approved:

Subconsultant Work Percentage

Sigma of Ohio, LLC (CSB) $145,290.00 10.00%

Yeas: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Nays: None

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 254

Resolution No. 336-21 Adopted 8/18/21 By Director Kennedy

BE IT RESOLVED by the Board of Control of the City of Cleveland that the employment of the following subcontractors by Independence Excavating, Inc., under City Contract No. PI2020*032 for the public improvement of the North Airfield Improvements Phase IV, authorized by Ordinance No. 653-15, passed by the Council of the City of Cleveland on June 8, 2015, and Board of Control Resolution No. 201-20, 155- 21 and 275-21, adopted June 4, 2020, April 28, 2021, and July 14, 2021, is approved.

Subcontractor Percentage Amount

Pratt Trucking, LLC Non-DBE $58,825.00

Precision Procut Non-DBE $48,450.00

Walton Materials & Transfer, LLC Non-DBE $30,337.50

Yeas: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Nays: None

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 255

Resolution No. 337-21 Adopted 8/18/21 By Director Cox

WHEREAS, under the authority of Ordinance No. 377-2020, passed June 17, 2020, by the Council of the City of Cleveland, by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to convey three nonexclusive perpetual easements found and determined to be not needed for the City's public use and more fully described in the ordinance, in City-owned property located in Rockefeller Park along East Boulevard near East 105th Street, to The East Ohio Gas Company, doing business as Dominion Energy Ohio, at a price to be determined by the Board of Control to be fair market value; now, therefore,

BE IT RESOLVED by the Board of Control that under authority of Ordinance No. 377- 2020, passed June 17, 2020, by the Council of the City of Cleveland, the Commissioner of Purchases and Supplies is directed to convey to The East Ohio Gas Company, doing business as Dominion Energy Ohio, three non-exclusive perpetual easement interests found and determined to be not needed for the City's public use and more fully described in the ordinance, in City-owned property located in Rockefeller Park along East Boulevard near East 105th Street at a price of $4,170.00, which is determined to be fair market value.

BE IT FURTHER RESOLVED that the Director of Public Works is requested to execute and deliver the official deeds of the City of Cleveland conveying the aforementioned non-exclusive perpetual easements, which document shall contain such additional terms and provisions as the Director of Law shall determine are necessary to protect the City's interests.

Yeas: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Nays: None

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 256

Resolution No. 338-21 Adopted 8/18/21 By Director Cox

WHEREAS, under the authority of Ordinance No. 759-2020, passed October 21, 2020, by the Council of the City of Cleveland, by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to convey a non-exclusive perpetual easement found and determined to be not needed for the City's public use and more fully described in the ordinance, in City-owned property located at Shaker Boulevard and Warrensville Center Road in the City of Shaker Heights, to The East Ohio Gas Company, doing business as Dominion Energy Ohio, at the appraised value price of $9,350.00, which has been determined to be fair market value; now, therefore,

BE IT RESOLVED by the Board of Control that under authority of Ordinance No. 759- 2020, passed October 21, 2020, by the Council of the City of Cleveland, the Commissioner of Purchases and Supplies is directed to convey to The East Ohio Gas Company, doing business as Dominion Energy Ohio, a non-exclusive perpetual easement interest found and determined to be not needed for the City's public use and more fully described in the ordinance, in City-owned property located at Shaker Boulevard and Warrensville Center Road in the City of Shaker Heights.

Yeas: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Nays: None

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 257

Resolution No. 339-21 Adopted 8/18/21 By Interim Director Keane

STANDARD PURCHASE CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that Board of Control Resolution No. 280-21, adopted July 21, 2021, under the authority of Section 129.26, Codified Ordinances of Cleveland, Ohio, 1976, affirming and approving the bid of Fleming Electric Inc. as the lowest and best for the purchase of Distribution Transformers, Items G5, G6, J8, and J10, is rescinded.

BE IT FURTHER RESOLVED that all bids received on February 25, 2021, for the purchase of Distribution Transformers, Items G5, G6, J8, and J10, for the Division of Cleveland Public Power, Department of Public Utilities, be rejected.

Yeas: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Nays: None

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 258

Resolution No. 340-21 Adopted 8/18/21 By Interim Director Keane

STANDARD PURCHASE CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that Board of Control Resolution No. 279-21, adopted July 21, 2021, under the authority of Section 129.26, Codified Ordinances of Cleveland, Ohio, 1976, affirming and approving the bid of Professional Electric Products Company, doing business as PEPCO, as the lowest and best for the purchase of Distribution Transformers, Items A3-A5, B1- B2, E1-E3, G1-G4, G7, JI-14, and K1-K6, is rescinded.

BE IT FURTHER RESOLVED that all bids received on February 25, 2021, for the purchase of Distribution Transformers, Items A3-A5, B1-B2, E1-E3, G1-G4, G7, JI-14, and K1-K6, for the Division of Cleveland Public Power, Department of Public Utilities, under the authority of Section 129.26, Codified Ordinances of Cleveland, Ohio, 1976, be rejected.

Yeas: Director Langhenry, Interim Director Keane, Acting Directors Donald, Johnson, Interim Director Kimball, Acting Director Coulter, Director Wackers, Interim Directors Benson, McNamara, Allen

Nays: None

Absent: Mayor Jackson, Interim Directors Gentile, Ebersole

Board of Control From Wednesday, August 18, 2021 August 20, 2021 The City Record 259

Schedule of the Board of Zoning Appeals

Monday, August 20, 2021

Under the conditions specified by law, the Board of Zoning Appeals will be conducting virtual meetings in a limited capacity using the Webex Platform.

The Board of Zoning Appeals will also be live streamed on YouTube. The links for the live streams will be available before the meeting on our website at:

http://www.clevelandohio.gov/CityofCleveland/Home/Government/CityAg encies/CityPlanningCommission/ZoningAppeals

Or https://www.youtube.com/channel/UCB8ql0Jrhm_pYIR1OLY68bw/

In order to keep the WebEx session to a manageable size, we are asking individuals that wish to participate in the meeting to contact the City Planning office by phone or email by noon on Friday, August 27, 2021. Those individuals not planning to comment on any agenda item during the Webex session are encouraged to view one of the live streams.

If you wish to participate and/0r give testimony, contact the City Planning office and request access to the WebEx Board of Zoning Appeals Meeting. Please call 216-664-3826 or email us at [email protected]. You can also email Secretary Elizabeth Kukla at [email protected].

9:30 Calendar No. 21-130: 10404 Harvard Avenue Ward 2 – Kevin L. Bishop 29 Notices Grastergirls LLC, owner, proposes to establish use as residential facility for five occupants. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 325.571 which states that "Residential facility" means a publicly or privately operated home or facility, licensed pursuant to state law, that provides accommodations, supervision, and personal care services to any of the following: (a) one or two unrelated persons with mental illness; (b) one or two unrelated adults who are receiving residential state supplement payments as defined in the Ohio Revised Code; or (c) three to 16 unrelated adults.

2. Division (h) of Section 337.03 which states that a residential facility, as defined in Chapter 325 of this Zoning Code, for more than five unrelated persons is not permitted in a Two-Family Residential District, first permitted in a Multi-Family Residential District and only if located less than 1,000 feet from another

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residential facility. Proposed Residential Facility use is within 1,000 feet from another Residential Facility at 4080 East 108th Street.

3. Division (a) of Section 349.04 which states that a minimum of three accessory off-street parking spaces are required, no legal parking spaces provided due to lack of paved parking area.

4. Section 349.07 which states that all parking spaces and vehicle maneuvering areas are required to be paved and drained within lot. (Filed August 3, 2021)

9:30 Calendar No. 21-131: 1873 West 54th Street Ward 15 – Jenny Spencer 11 Notices Anca F. Kaszas, owner, proposes to erect a two-story frame, single-family residence with one-bay attached, front-loaded garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (a)(6)(A)(2) of Section 337.23 which states that attached garages must be located on rear half of lot with active use screened entire width and height and at least 9 feet in depth.

2. Division (a) of Section 357.06 which states that the required front yard setback is 12.9 feet, and the appellant is proposing 10 feet.

3. Division (b)(2) of Section 357.09 which states that the minimum distance to the house on an adjacent lot shall not be less than 6 feet.

4. Division (b)(1) of Section 357.08 which states that the required rear yard is 26 feet and 4 inches; proposing 14 feet.

5. Section 341.02 which states that approval of Cleveland City Planning Department is required. (Filed August 3, 2021)

9:30 Calendar No. 21-133: 4470 State Road Ward 13 – Kevin J. Kelley 27 Notices Cle Real Estate, owner, proposes to build a parking lot in a C1 Local Retail Business District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (e) of Section 327.02 which states that in all instances where yard and open spaces are required by this Zoning Code, a plot plan drawn to scale shall be submitted with the application and shall clearly indicate the proposed yards, the

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extent of all proposed encroachments beyond required yard lines and the location of and distances to buildings on adjoining premises.

2. Division (b) of Section 343.18 which states that no driveway shall be within 15 feet of a property line.

3. Section 349.07 which states that accessory off-street parking spaces, driveways and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, and asphalt. The driveway used to provide accessibility to accessory off-street parking spaces shall be so located and arranged to minimize traffic congestion.

4. Section 352.11 which states that an 8-foot-wide, landscaped strip is required where the Local Retail Business District abuts the Two-Family Residence District; proposed 3 feet of landscaping. (Filed August 4, 2021)

9:30 Calendar No. 21-134: 12518 Fairhill Road Ward 6 – Blaine A. Griffin 9 Notices Sandra Williams, owner, proposes to install 99 linear feet of six-foot-high wood fence in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (a) of Section 358.04 which states that no fence in a Residential District shall be higher than its distance from a residence building on an adjoining lot. A six-foot-high fence is proposed 3 feet from residence building on adjoining lot. (Filed August 5, 2021)

9:30 Calendar No. 21-135: 3040 West 14th Street Ward 3 – Kelly McCormack 11 Notices W. 14 Lofts, LLC, owner, proposes to install approximately 91 linear feet of 6-feet-high aluminum decorative fence in the actual front yard in D2 Multi-Family District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (a) of Section 358.04 which states that fences in actual front yards and in actual side street yards shall not exceed 4 feet in height and shall be at least 50% open. A 6-feet-tall aluminum fence is proposed in the actual front yard. (Filed August 12, 2021)

9:30 Calendar No. 21-138: 1505 East 65th Street Ward 7 – Basheer Jones

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10 Notices Frontline Development Group LLC., owner, proposes to erect a two-story, single-family residence with attached garage and finished “English Basement”. The owner appeals for relief from the strict application of Division (c) of Section 357.13 which states that window wells are not a permitted interior side-yard encroachment. (Filed August 12, 2021)

Postponed from August 23, 2021

9:30 Calendar No. 21-116: 3152 West 95th Street Ward 11 – Brian Mooney 12 Notices Herbands Legends LLC, owners, propose to build a parking lot in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (c) of Section 349.13 which states that the Board of Zoning Appeals may permit, temporarily or permanently, the use of land in a Residence District for a parking lot.

2. Division (a) of Section 357.14 which states that parking is a prohibited front-yard encroachment. Note: Lot consolidation is required. (Filed July 14, 2021 – Testimony Taken) SECOND POSTPONEMENT DUE TO A DELAY IN UPDATED ADJUDICATION. POSTPONEMENT MADE AT REQUEST OF THE CITY TO ALLOW TIME FOR REVIEW OF REVISED SITE PLAN.

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Report of the Board of Zoning Appeals

Monday, August 16, 2021

At the meeting of the Board of Zoning Appeals on Monday, August 16, 2021, the following appeals were scheduled for hearing before the Board and;

The following appeals were APPROVED:

Calendar No. 21-115: 8104 Madison Avenue Izzy Holdings (National Foods), owner, proposes to install a 7-feet-high ornamental fence in a B2 Semi-Industrial District and C3 General Industrial District.

Calendar No. 21-121: 5123 Hamm Avenue Eileen Hamilton, owner, proposes to install a chain link fence in a B1 Two-Family Residential District.

Calendar No. 21-124: 16112 Chatfield Avenue (Granted Conditionally) Andrew Hines, owner, proposes to install approximately 100 linear feet of four-foot- high wood fence and 28 linear feet of six-foot-high wood fence in a B1 Two-Family Residential.

Calendar No. 21-126: 16615 Harvard Road (Granted Conditionally) William Walker, owner, proposes to establish use as restaurant in B1 Local Retail Business District.

Calendar No. 21-026: 1914 East 75th Street Famicos Foundation, owner, proposes to erect a four-story, 56-unit apartment building and accessory parking lot in an E2 Multi-Family Residential District and an Urban Form Overlay District.

The following case was DENIED:

Calendar No. 21-118: 3343 East 140th Street ALCAR Equity Ltd., owners, propose to establish use as a Residential Facility for up to 16 occupants in a B1 Two-Family Residential District.

The following appeals were WITHDRAWN: None

The following appeals were DISMISSED: None

The following cases were REMANDED: None

The following cases were POSTPONED:

Calendar No. 21-120: Aaron Price 2280 West 6th Street. Postponed to September 13, 2021.

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Calendar No. 21-125: Chad Kertesz 4815 Franklin Boulevard. Postponed to September 13, 2021.

The following cases were heard by the Board of Zoning Appeals on Monday, August 9, 2021, and the decisions were adopted and approved on Monday, August 16, 2021:

The following appeals were APPROVED:

Calendar No. 21-087: 1331 West 65th Street Apartment 92 Gordon Square LLC, owner, proposes to construct a three-story building consisting of five dwelling units and consolidate with existing, non-conforming four dwelling units in a B1 Two-Family Residential District.

Calendar No. 21-119: 1803 West 48th Street David and Christine Filmer, owners, propose to erect a 33-foot by 95.5-foot, one-story frame, single-family residence with attached garage in a B1 Two-Family Residential District.

Calendar No. 21-122: 7321 Elton Avenue B.R. Knez, owner, proposes to erect a two-story, single-family residence with a one-story detached garage on a City of Cleveland Land Bank Lot in a B1 Two-Family Residential District.

The following case was DENIED:

Calendar No. 21-105: 14100 Lakeshore Boulevard Breakwater Tower LLC, owner, applies to erect a business identification wall sign, 384 square feet in area, in a C2 Multi-Family Residential District.

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Report of the Board of Building Standards and Building Appeals

Wednesday, June 23, 2021

As required by the provisions of division (2) of Section 3103.20 of the Codified Ordinances of the City of Cleveland, Ohio 1976, the following brief of action of the subject meeting is given for publication in the City Records:

* * *

Docket A-27-21-RE: Appeal of 4020 East 126th Street LLC, Owner of the F-2- Low Hazard (Non-Combustibles); Three-Story Masonry Walls/Wood Floors Structure, located on the premises known as 4020 East 116th Street, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated April 14, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to DENY the Appellant's request for additional time and REMAND the property back to the Department of Building & Housing; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Bradly and seconded by Maschke.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Docket A-6-21-RE: Appeal of Aquil Hayes, Owner of the Three-Dwelling Units; Three-Family Residence; Two-and-Half Story Frame Property, located on the premises known 1414 East 110th Street appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated December 31, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until September 15, 2021, to complete abatement of all violations, with no further extensions; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Bradly and seconded by Maschke.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Report of the Board of Building Standards and Building Appeals From Monday, June 23, 2021 August 20, 2021 The City Record 266

Docket A-24-21-RE: Appeal of John W. Hickey, Owner of the One-Dwelling Unit; Single-Family Residence; One-and-Half Story Frame Property, located on the premises known as 2479 Dobson Court appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated March 23, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to find that the notice of violations was properly issued and to DENY the Appellant's request for additional time and to REMAND the property back to the Department of Building and Housing; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Bradly and seconded by Maschke.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Docket A-25-21-RE: Appeal of Ladonya Cummings, Owner of the Two-Dwelling Units; Two-Family Residence; One-and-Half Story Frame Property, located on the premises known as 6110 Fullerton Avenue appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated March 22, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until June 23, 2021, to complete abatement of the violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Bradly and seconded by Maschke.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Docket A-28-21-RE: Appeal of Joe Elias, Owner of the One-Dwelling Unit; Single- Family Residence; Two-Story Frame Property, located on the premises known as 2091 West 100th Street appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated April 14, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-28-21 has been continued until July 21, 2021

* * *

Docket A-29-21-RE: Appeal of Amelia A. Earhart, Owner of the One-Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises

Report of the Board of Building Standards and Building Appeals From Monday, June 23, 2021 August 20, 2021 The City Record 267

known as 2420 West 38th Street, appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated March 24, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until June 23, 2021, and then for the Appellant to follow the Ohio Building Code; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Bradly and seconded by Maschke.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Docket A-30-21-RE: Appeal of Halloran West LLC, Owner of the One-Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 3711 West 39th Street appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated March 8, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until June 23, 2021, and for the Ohio Code to take over after that; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Bradly and seconded by Maschke.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

ADJUDICATION ORDER(S):

Docket A-20-21-RE: Appeal Panzica Construction Company, appeals from an ADJUDICATION ORDER B19035642-01, located on the premises known as 2021 West 25th Street, dated May 6, 2021; Appellant is requesting for a variance from 1. OBC 106.1.1: Construction Documents 2. OBC 108.6.2: Presence of combustible construction NFPA 241: 7.1.2 (2) On-Site Security.

**Docket A-20-21 RESCHEDULED for August 4, 2021**

* * *

Report of the Board of Building Standards and Building Appeals From Monday, June 23, 2021 August 20, 2021 The City Record 268

Approval of Resolutions

Separate motions were entered by Maschke and seconded by Gallagher for Approval and Adoption of the Resolutions as presented by the Secretary for the following Dockets respectively, subject to the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC):

Docket/s:

A-10-21 Betty Perry A-11-21 Snowtop Properties, LLC A-17-21 Lawrence Rafalski A-18-21 Mary Cater A-19-21 Joseph Daniels A-26-21 A-Plumb Investment Co.

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Approval of Minutes

Separate motions were entered by Maschke and seconded by Gallagher for Approval and Adoption of the Minutes as presented by the Secretary, subject to the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC):

June 9, 2021

Yeas: Gallagher, Bradley, Maschke. Nays: None. Absent: Denk.

* * *

Joseph F. Denk Chairman

Report of the Board of Building Standards and Building Appeals From Monday, June 23, 2021 August 20, 2021 The City Record 269

Report of the Board of Building Standards and Building Appeals

Wednesday, July 21, 2021

* * *

Docket A-21-21 – RE: Appeal of St. Clair Lofts LLC, Owner of the One-Dwelling Unit; Single-Family Residence; One-Story Frame Property located on the premises known as 1522 E. 32nd Street appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated March 23, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until August 20, 2021, to complete the demolition of the property; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Denk and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-28-21 – RE: Appeal of Joe Elias, Owner of the One-Dwelling Unit; Single-Family Residence; Two-Story Frame Property located on the premises known 2091 West 100th Street appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated April 14, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until September 30, 2021, to complete the interior violations and until November 30, 2021, to complete all other violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Denk and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Report of the Board of Building Standards and Building Appeals From Wednesday, July 21, 2021 August 20, 2021 The City Record 270

* * *

Docket A-31-21 – RE: Appeal of Luaay Haddad, Owner of the One-Dwelling Unit; Single-Family Residence; Two-Story Frame Property located on the premises known 3296 West 91st Street appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated May 7, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until October 30, 2021, to complete abatement of the violations with the conditions that the property remains vacant until all violations are abated; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Denk and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-32-21 – RE: Appeal of Lesa Simonyi/Bailey Terrace LLC, Owner of the One-Dwelling Unit; Townhouse Residence; Two-Story Frame Property located on the premises known 9407 Detroit Avenue #6 appeals from an NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated May 5, 2021, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to DENY the Appellant’s request for additional time and to find that the violations were properly issued and to REMAND the property back to the Department of Building and Housing; the property is REMANDED to the Department of Building and Housing for supervision and any required further action Motion so in order. Motioned by Denk and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Report of the Board of Building Standards and Building Appeals From Wednesday, July 21, 2021 August 20, 2021 The City Record 271

Approval of Resolutions

Dockets:

A-36-21 Jennifer Klasch

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Approval of Minutes

Separate motions were entered by Maschke and seconded by Gallagher for approval and adoption of the Minutes as presented by the Secretary, subject to the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC):

July 7, 2021

Yeas: Denk Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Joseph F. Denk, Chairman

Report of the Board of Building Standards and Building Appeals From Wednesday, July 21, 2021 August 20, 2021 The City Record 272

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. 104-21

File No. 105-21

File No. 106-21

File No. 107-21

File No. 108-21

City of Cleveland Bids August 20. 2021 The City Record 273

BID OPENS – WEDNESDAY, SEPTEMBER 15, 2021

File No. 104-21 FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 213-21 PASSED BY COUNCIL MAY 17, 2021.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, August 26, 2021, at 10:30 a.m. Via WebEx, to call into the meeting dial 1-415-655-0003, Access Code 180 103 1245.

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 August 20, 2021 The City Record 274

BID OPENS – FRIDAY, SEPTEMBER 10, 2021

File No. 105-21 Processing of Recyclables FOR THE DIVISION OF WASTE COLLECTION FOR THE DEPARTMENT OF PUBLIC WORKS, AS AUTHORIZED BY ORDINANCE 195-20 PASSED BY COUNCIL MARCH 3, 2020.

There will be a NON-MANDATORY Pre-Bid Meeting, Friday, August 27, 2021, at 10:00 a.m. Via WebEx, to call into the meeting dial 1-415-655-0003, Access Code 93671062.

City of Cleveland Bids File No. 105-21 August 20, 2021 The City Record 275

BID OPENS – WEDNESDAY, SEPTEMBER 15, 2021

File No. 106-2021 Snow and Ice Removal FOR THE VARIOUS DIVISIONS FOR THE DEPARTMENT OF PUBLIC HEALTH, AS AUTHORIZED BY ORDINANCE 497-08 SECTION 181.101 PASSED BY COUNCIL JUNE 2, 2008.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, August 26, 2021, at 9:00 a.m. Located at J. Glen Smith Health Center, 11100 St. Clair Avenue, Cleveland, Ohio.

City of Cleveland Bids File No. 106-21 August 20, 2021 The City Record 276

BID OPENS – WEDNESDAY, SEPTEMBER 22, 2021

File No. 107-21 New Cleveland Police Mounted Unit Stables Site Preparation FOR THE DIVISION OF ARCHITECTURE AND SITE DEVELOPMENT FOR THE DEPARTMENT OF MAYOR’S OFFICE OF CAPITAL PROJECTS, AS AUTHORIZED BY ORDINANCE 637-19, PASSED JULY 24, 2019.

There is no charge for plans and specifications.

Bidders must be on the Plan-holders list to submit a bid or receive any addenda. Out-of-area bidders may email requests to receive plans and specifications to, [email protected]. In the email request please include your Company’s FedEx Account number, full company’s name and address, company's contact/representative full name, contact telephone number, facsimile telephone number and email address. The FedEx delivery charges for the plans and specifications will be billed to the bidder’s company FedEx account number provided.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, September 2, 2021, at 11:00 a.m. Located at 6018 Thackeray Avenue, Cleveland, Ohio 44103.

City of Cleveland Bids File No. 107-21 August 20, 2021 The City Record 277

BID OPENS – WEDNESDAY, SEPTEMBER 15, 2021

File No. 108-21 Fire Uniform Clothing Contact FOR THE DIVISION OF FIRE FOR THE DEPARTMENT OF PUBLIC SAFETY, AS AUTHORIZED BY ORDINANCE 1667-83 SECTION 135.06 PASSED BY COUNCIL JUNE 19, 1984.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, August 26, 2021 at 10:30 a.m. Via WebEx. 1(415) 655-0003, Access Code 180 741 0750.

City of Cleveland Bids ` File No. 108-21 August 20, 2021 The City Record 278

Directory of City Officials City Council

601 Lakeside Avenue Room 220 Cleveland, OH 44114

Phone: 216.664.2840

President of Council – Kevin J. Kelley

City Clerk, Clerk of Council – Patricia J. Britt

Name Ward Joseph T. Jones 1 Kevin L. Bishop 2 Kerry McCormack 3 Marion Anita Gardner (Interim) 4 Delores L. Gray 5 Blaine A. Griffin 6 Basheer S. Jones 7 Michael D. Polensek 8 Kevin Conwell 9 Anthony T. Hairston 10 Brian Mooney 11 Anthony Brancatelli 12 Kevin J. Kelley 13 Jasmin Santana 14 Jenny Spencer 15 Brian Kazy 16 Charles Slife 17

Ward 4 Council Member Kenneth L. Johnson has been suspended from Council Member duties.

City Council Directory of City Officials August 20, 2021 The City Record 279

Permanent Schedule – Standing Committees of the Council 2018-2021

MONDAY – Alternating

9:30 a.m. – Health and Human Services Committee: McCormack (CHAIR), B. Jones (VICE-CHAIR), Conwell, Hairston, Santana, Spencer.

9:30 a.m. – Municipal Services and Properties Committee: Bishop (CHAIR), J. Jones (VICE-CHAIR), Brancatelli, Hairston, Kazy, Mooney.

MONDAY

2:00 p.m. – Finance Committee: Kelley (CHAIR), Griffin (VICE-CHAIR), Bishop, Brancatelli, Conwell, Kazy, McCormack, Mooney.

TUESDAY

9:30 a.m. – Development, Planning, and Sustainability Committee: Brancatelli (CHAIR), Hairston (VICE-CHAIR), Griffin, B. Jones, McCormack, Slife.

TUESDAY – Alternating

1:30 p.m. – Utilities Committee: Kazy (CHAIR), Bishop (VICE-CHAIR), Hairston, McCormack, Polensek, Santana, Slife.

1:30 p.m. – Workforce and Community Benefits Committee: Hairston (CHAIR), Griffin (VICE-CHAIR), B. Jones, J. Jones, Mooney, Slife, Spencer.

WEDNESDAY – Alternating

10:00 a.m. – Safety Committee: Griffin (CHAIR), Polensek (VICE-CHAIR), B. Jones, J. Jones, Kazy, Santana, Spencer.

10:00 a.m. – Transportation Committee: J. Jones (CHAIR), Slife (VICE-CHAIR), Bishop, Conwell, J. Jones, Santana, Spencer.

The following Committees meet at the Call of the Chair:

Mayor’s Appointments Committee: J. Jones (CHAIR), Brancatelli, Kelley, Mooney.

Operations Committee: Hairston (CHAIR), Griffin, J. Jones, Kelley, McCormack.

Rules Committee: Kelley (CHAIR), Hairston, Polensek, Slife.

Permanent Schedule — Standing Committees of the Council Directory of City Officials August 20, 2021 The City Record 280

City Departments

City Hall 601 Lakeside Avenue Cleveland, OH 44114

MAYOR – Frank G. Jackson Sharon Dumas, Interim Chief of Staff Darnell Brown, Chief Operating Officer Valarie J. McCall, Chief of Communications, Government & International Affairs Monyka Price, Chief of Education Jason Woods, Interim Chief of Sustainability 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, Interim Director BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Carmella Davis, Secretary Joseph F. Denk, Mechanical Engineer and Chairman Howard Bradley, Builder Patrick M. Gallagher, Labor Representative Robert Maschke, Architect

BOARD OF ZONING APPEALS – Elizabeth Kukla, Secretary Carol A. Johnson, Chairman Tim Donovan Myrline Barnes Kelley Britt Alanna Faith

BUILDING AND HOUSING – Antoinette L. Allen, Interim Director

City Departments Directory of City Officials August 20, 2021 The City Record 281

Divisions: Navid Hussain, Commissioner, Construction Permitting Richard Riccardi, Assistant Commissioner, Construction Permitting Thomas E. Vanover, Commissioner, Code Enforcement CITY PLANNING COMMISSION – Freddy L. Collier, Jr., Interim Director Members: David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Charles Slife, Diane Downing, August Fluker, Denise McCray. CIVIL SERVICE COMMISSION Michael Spreng, Interim Secretary Lila Abrams-Fitzpatrick, Administrator Betty Ivory, Supervisor of Civil Service Records Lisa Meece, Chief Examiner

COMMUNITY DEVELOPMENT – Michiel Wackers, 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., Interim 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.

ECONOMIC DEVELOPMENT – David Ebersole, Interim Director

FINANCE – James E. Gentile, Interim Director Divisions: Accounts – Lonya Moss-Walker, Commissioner Assessments and Licenses – Dedrick Stephens, Commissioner City Treasury – James Hartley, Treasurer

City Departments Directory of City Officials August 20, 2021 The City Record 282

Financial Reporting and Control – James Gentile, Controller Information Technology and Services Donald-Anthony Phillips, Chief Information Officer Kimberly Roy Wilson, Commissioner Internal Audit – Natasha Brandt, Manager Printing and Reproduction – Michael Hewett, Commissioner Purchases and Supplies – Tiffany White Johnson, Commissioner Sinking Fund Commission – Betsy Hruby, Manager Taxation – Kevin Preslan, Income Tax Administrator and Commissioner of Taxation Treasury – James Hartley, Treasurer

HUMAN RESOURCES – DeAndre D. Benson, Interim Director

LANDMARKS COMMISSION – Donald Petit, Secretary

Members: Julie Trott-Heisey, Chair; Giancarlo Calicchia, Vice Chair; Michele Anderson; Adrienne Bailey; Jonathan Bonezzi; Freddy L. Collier Jr., City Planning Commission Director; Allan Dreyer; Council Member Basheer Jones; Robert S. Strickland; Raymond Tarasuck, Jr. LAW – Barbara Langhenry, Director Gary Singletary, Chief Counsel Ronda Curtis, Chief Corporate Counsel Thomas Kaiser, Chief Trial Counsel Aqueelah Jordan, Interim Chief Assistant Prosecutor Robin Wood, Law Librarian

MAYOR’S OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Interim 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 – Michael Curry, Interim Director MAYOR’S OFFICE OF QUALITY CONTROL AND PERFORMANCE

City Departments Directory of City Officials August 20, 2021 The City Record 283

MANAGEMENT – Sabra T. Pierce-Scott, Interim 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 – Brian Kimball, Acting Director Divisions: Air Quality – David Hearne, Interim Commissioner Environment – Brian Kimball, Commissioner Health – Frances Mills, Commissioner Health Equity and Social Justice – Lita Marie Wills, Commissioner Vital Statistics – Andrea Kacinari, City Registrar PUBLIC SAFETY – Karrie D. Howard, Interim Director Divisions: Animal Control Services – Colleen Siedecki, Chief Animal Control Officer Emergency Medical Service – Nicole Carlton, Commissioner Emergency Operations Center – Laura Palinkas, Assistant Director Fire – Angelo Calvillo, Chief Police – Calvin D. Williams, Chief Professional Standards – Roger C. Smith, Administrator

PUBLIC UTILITIES – Martin J. Keane, Interim Director Divisions: Cleveland Public Power – Commissioner Radio Communications – Brad Handke, Manager Security – Robert Jarvis, Chief

City Departments Directory of City Officials August 20, 2021 The City Record 284

TV 20 – Kathy Allen, General Manager Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Cleveland Water – Alex Margevicius, Commissioner Water Pollution Control – Ramona Lowery, Commissioner

PUBLIC WORKS – Michael Cox, Director Offices: Administration – John Laird, Manager Public Auditorium Susie Claytor, Executive Commissioner, Public Auditorium Samuel Gissentaner, Commissioner, Neighborhood Resource and Recreation Centers Esha Hand, Manager of Special Events Felicia Hall, Manager, West Side Market Divisions: Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Park Maintenance and Properties – Anthony Scott, Commissioner Parking Facilities – Kim Johnson, Commissioner Property Management – Tom Nagle, Commissioner Streets – Randell Scott, Commissioner Traffic Engineering – Robert Mavec, Commissioner Waste Collection and Disposal – Paul Alcantar, Commissioner

WORKFORCE DEVELOPMENT & OHIO MEANS JOBS – CLEVELAND/CUYAHOGA COUNTY – Frank Brickner, Interim Executive Director/CEO

City Departments Directory of City Officials August 20, 2021 The City Record 285

Cleveland Municipal Court Justice Center – 1200 Ontario Street

Judge Courtroom Presiding and Administrative Judge Michelle D. Earley 14-C Judge Pinkey S. Carr 15-C Judge Marilyn B. Cassidy 13-A Judge Emanuella Groves 14-B Judge Lauren C. Moore 15-A Judge Michael L. Nelson, Sr. 12-A Judge Ann Clare Oakar 14-A Judge W. Mona Scott (Housing Court Judge) 13-B Judge Charles L. Patton, Jr. 13-D Judge Suzan M. Sweeney 12-C Judge Jazmin Torres-Lugo 13-C Judge Shiela Turner McCall 12-B Judge Joseph J. Zone 14-D

Earle B. Turner – Clerk of Courts Russell R. Brown III – Court Administrator Belinda Gest – Housing Court Administrator Robert J. Furda – Chief Bailiff Dean Jenkins – Chief Probation Officer Gregory F. Clifford – Chief Magistrate

Cleveland Municipal Courts Directory of City Officials August 20, 2021 The City Record 286

City Links

Board of Building Standards and Building Appeals http://planning.city.cleveland.oh.us/bza/bbs.html

Board of Zoning Appeals http://planning.city.cleveland.oh.us/bza/cpc.html

City Bids

Invitations to Bid http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/BID

Requests for Proposals/Requests for Qualifications http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/RFP

Cleveland Water http://www.clevelandwater.com/work-with-us/invitations-to-bid

Water Pollution Control http://wpc.clevelandwater.com/?page_id=3342

Cleveland Airports https://www.clevelandairport.com/about-us/business-cle/bids-rfps

City Jobs http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Hu manResources https://www.governmentjobs.com/careers/cleveland

City of Cleveland http://www.city.cleveland.oh.us/

City of Cleveland Charter and Codified Ordinances https://codelibrary.amlegal.com/codes/cleveland/latest/overview

Civil Service Commission http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Civ ilServiceCommission

Cleveland City Council http://www.clevelandcitycouncil.org/

City Links Directory of City Officials August 20, 2021 The City Record 287

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