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

July 17, 2020

Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Cleveland

The City Record is available online at www.clevelandcitycouncil.org

Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall July 17, 2020 The City Record 2

Table of Contents

Click on an entry below to go to that section.

Official Proceedings – City Council 3 Special Motions by Council 4 Communications 5 Ordinances and Resolutions First Reading Emergency Ordinances Referred 7 First Reading Ordinances Referred 18 First Reading Emergency Ordinances Read in Full and Passed 26 First Reading Emergency Resolutions Referred 50 First Reading Emergency Resolutions Read in Full and Adopted 56 Second Reading Emergency Ordinances Passed 73 Adjournment 81 Council Committee Meetings 82 Board of Control 83 Schedule of the Board of Zoning Appeals Monday, July 20, 2020 88 Monday, July 27, 2020 92 Report of the Board of Zoning Appeals 98 Agenda of the Board of Building Standards and Building Appeals 102 Report of the Board of Building Standards and Building Appeals 106 City of Cleveland Bids 111 Directory of City Officials City Council 118 Permanent Schedule — Standing Committees of Council 119 City Departments 120 Cleveland Municipal Court 125 City Links 126

Table of Contents July 17, 2020 The City Record 3

Official Proceedings City Council

Cleveland, Ohio Wednesday, July 15, 2020

This council meeting is being held during the COVID-19 emergency declaration and is being conducted as a virtual meeting in accordance with Ohio’s Open Meetings Laws as amended by Sub. H.B. 197. Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings is waived for this and any other virtual council meetings held under amended Sub. H.B. 197.

The meeting of the Council was called to order at 2:10 p.m. with the Majority Leader, Phyllis Cleveland in the Chair.

Council Members present: Kevin Bishop, Anthony Brancatelli, Phyllis E. Cleveland, Kevin Conwell, Blaine Griffin, Anthony T. Hairston, Kenneth L. Johnson, Basheer Jones, Joe Jones, Brian Kazy, Kevin J. Kelley, Brian Mooney, Mike Polensek, Charles Slife and Matt Zone.

MOTION

Council Members paused for a moment of silent reflection, and the Pledge of Allegiance.

MOTION

On the motion of Council Member Griffin that the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member Mooney.

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Special Motions by Council

MOTION

In compliance with the Charter and Rules of Council, a copy of all legislation to be heard during this council meeting was furnished previous to the meeting to every council member through their council email. It is hereby acknowledged, without objection, that all members of council have received this legislation.

The motion was approved.

MOTION

It is hereby declared, without objection, that Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings, is waived for this and any other virtual council meetings held under amended Sub. H.B. 197.

The motion was approved.

Special Motions by Council Official Proceedings – City Council July 17, 2020 The City Record 5

Communications

File No. 583-2020 From Emerald Development and Economic Network, Inc. (EDEN). A letter of intent to apply to Ohio Housing Finance Agency (OHFA) for development of expansion of Phase 1 to provide critical housing for low income individuals/families with a disability throughout the city. Received.

File No. 584-2020 From Metro Gateway LLC. A letter of intent to apply to Ohio Housing Finance Agency (OHFA) for development of newly constructed, affordable housing development consisting of 72 units. Received.

File No. 588-2020 From Council President Kevin J. Kelley. Designating Va’Kedia Stiggers to serve as Clerk of Council Pro Tempore for the purposes of signing all documents requiring the Clerk’s signature on July 8, 2020. Received.

Oaths of Office

File No. 571-2020 Oath of Office for Rafael Muniz – Captain of Fire. Received.

File No. 572-2020 Oath of Office for Richard Alan Petras – Lieutenant of Fire. Received.

File No. 573-2020 Oath of Office for Robert Brian Glorioso – Lieutenant of Fire. Received.

File No. 574-2020 Oath of Office for Joseph Ladislav Vidlicka, Jr. – Lieutenant of Fire. Received.

File No. 575-2020 Oath of Office for Bobby Patrick Powers – Lieutenant of Fire. Received.

File No. 576-2020 Oath of Office for Isaiah Paul Miklowski – Lieutenant of Fire. Received.

File No. 577-2020 Oath of Office for Brian James Webb – Captain of Fire. Received.

File No. 578-2020 Oath of Office for Brian Thomas Jadach – Lieutenant of Fire. Received.

File No. 579-2020 Oath of Office for Erin Jeffreys Pierce – Lieutenant of Fire. Received.

Communications Official Proceedings – City Council July 17, 2020 The City Record 6

File No. 580-2020 Oath of Office for Brian Anthony Madzia – Lieutenant of Fire. Received.

File No. 581-2020 Oath of Office for John Herbert Matier – Lieutenant of Fire. Received.

File No. 582-2020 Oath of Office for Karrie Howard – Director of Public Safety. Received.

Ohio Division of Liquor Control

File No. 585-2020 #8799265. Economic Development Transfer Application, D5 D6. Taps & tails LLC, 1901 Train Avenue (Ward 3). Received.

File No. 586-2020 #1912433. Transfer of Ownership Application, C2 C2X D6. Dani 976 LLC, 4398-4400 State Road (Ward 13). Received.

File No. 587-2020 #12545840005. New Application, D5. Church and State Hospitality LLC, 2855 Detroit Avenue (Ward 3). Received.

Communications Official Proceedings – City Council July 17, 2020 The City Record 7

Ordinances and Resolutions

First Reading Emergency Ordinances Referred

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

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

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

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

These ordinances were read for the first time on July 15, 2020, and referred to the appropriate City departments and Council Committees for review.

Click on an ordinance below to read it:

Ord. No. 555-2020

Ord. No. 557-2020

Ord. No. 562-2020

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Ordinance No. 555-2020

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

An emergency ordinance to amend Section 2 of Ordinance No. 1388-2019, passed December 2, 2019, relating to the Directors of Public Safety and Law accepting grants from the County Public Safety and Justice Services for the FY 2019 Violence Against Women Act for a sexual assault advocate and for the Law Enforcement and Prosecution components of the Cleveland Domestic Violence Program.

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

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

Section 1. That Section 2 of Ordinance No. 1388-2019, passed December 2, 2019, is amended to read as follows:

Section 2. That it is an obligation of the City of Cleveland to provide cash matching funds in the estimated sum of $13,886.50 from Fund No. 10 SF 027 01-6002-6397 in order for the Department of Public Safety to receive the grant for a sexual assault advocate under the Cleveland Domestic Violence Program.

Section 2. That existing Section 2 of Ordinance No. 1388-2019, passed December 2, 2019, is repealed.

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

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

First Reading Emergency Ordinances Referred Ord. No. 555-2020 Official Proceedings – City Council July 17, 2020 The City Record 9

Ordinance No. 557-2020

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

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Tremont West Development Corporation to encroach into public rights-of-way within the Tremont neighborhood by installing, using and maintaining 22 bicycle racks.

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 Tremont West Development Corporation, 2406 Professor Avenue, Cleveland, Ohio 44113 (“Permittee”), to encroach into various public rights-of-way within the Tremont neighborhood by installing, using and maintaining 22 bicycle racks at specific locations first reviewed by the Manager of the City Division of Engineering and Construction and approved in writing by the Director of Capital Projects. A list of the approved locations shall be filed for reference in the Division of Engineering and Construction, Survey Section, in the encroachment permit file marked “Tremont West Development Corporation Bike Racks 2020.”

Locations:

1 Tremont West Development Corporation (2406 Professor Avenue) 1 at the Rowley Inn (1104 Rowley Avenue) 1 at the northeast corner of Abbey Avenue and West 19th Street 1 at the southwest corner of Kenilworth Avenue and West 11th Street 1 along West 14th Street and Lincoln Park 1 at St. Michael’s Church (3114 Scranton Road) 6 at The Tappan on Scranton (1633 Auburn Avenue) 10 additional locations to be proposed by Permittee and subject to approval by the Director.

Total: 22

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 encroachments permitted.

First Reading Emergency Ordinances Referred Ord. No. 557-2020 Official Proceedings – City Council July 17, 2020 The City Record 10

Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structures permitted by this ordinance shall conform to plans and specifications first approved by the Manager of the Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments.

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment locations.

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 Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and Development, Planning and Sustainability.

First Reading Emergency Ordinances Referred Ord. No. 557-2020 Official Proceedings – City Council July 17, 2020 The City Record 11

Ordinance No. 562-2020

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

An emergency ordinance authorizing the Commissioner of Purchases and Supplies to sell City-owned properties no longer needed for public use located at 16200 Glendale Avenue in the Lee Harvard area to Gracemount Village Homes LLC, or its designee, for purposes of redevelopment of the properties into housing units.

WHEREAS, the City of Cleveland owns twenty-two parcels which were re-platted from one parcel after the Gracemount Elementary School was razed in 2014; and

WHEREAS, Gracemount Village Homes LLC (“Redeveloper”) wishes to repurpose the parcels into twenty-two individual housing units; and

WHEREAS, the Director of Community Development would like to transfer the parcels, in groups of five except for the last transfer, upon five City-approved, successful homes being built at the development site; and

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

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

Section 1. That notwithstanding and as an exception to the provisions of Chapter 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, it is found and determined that the following described properties, known as Permanent Parcel Nos. 140-06-091 through and including 140-06-112 (the “Development Site Parcels”) are no longer needed for public use:

PPN # 140-06-091 PARCEL A

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “A” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records, be the same more or less, but subject to all legal highways. Total Land area: 0.1854 acres (8076.75 square feet) P.P.N. 140-06-091 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

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PPN # 140-06-092 PARCEL B

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “B” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records, be the same more or less, but subject to all legal highways. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-092 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-093 PARCEL C

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “C” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-093 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-094 PARCEL D

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “D” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-094 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-095 PARCEL E

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “E” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-095 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

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PPN # 140-06-096 PARCEL F

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “F” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-096 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-097 PARCEL G

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “G” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-097 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-098 PARCEL H

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “H” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-098 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-099 PARCEL I

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “I” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-099 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

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PPN # 140-06-100 PARCEL J

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “J” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-100 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-101 PARCEL K

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “K” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-101 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-102 PARCEL L

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “L” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-102 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-103 PARCEL M

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “M” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-103 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

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PPN # 140-06-104 PARCEL N

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “N” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-104 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-105 PARCEL O

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “O” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-105 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-106 PARCEL P

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “P” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-106 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-107 PARCEL Q

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “Q” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-107 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

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PPN # 140-06-108 PARCEL R

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “R” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-108 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-109 PARCEL S

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “S” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-109 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-110 PARCEL T

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “T” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-110 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

PPN # 140-06-111 PARCEL U

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “U” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1332 acres (5802.04 square feet) P.P.N. 140-06-111 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

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PPN # 140-06-112 PARCEL V

Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, and known as being all of Parcel “V” in the Subdivision Plat for the City of Cleveland of part of Original Warrensville Township Lot No. 62, as shown by the recorded plat in Auditor’s File Number 202003060424 of Cuyahoga County Map Records. Total Land area: 0.1854 acres (8076.93 square feet) P.P.N. 140-06-112 Prior Instrument Reference: Auditor’s File Number 201803080287 of Cuyahoga County Deed Records.

Section 2. That by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to sell the Development Site Parcels to the Redeveloper, incrementally, at a price not less than $750.00 per parcel, which has been determined to be fair market value, taking into account all restrictions, reversionary interests and similar encumbrances as may be placed by the City of Cleveland in the deed of conveyance.

Section 3. That the conveyances of the Development Site Parcels shall be made by official quitclaim deeds prepared by the Director of Law and executed by the Mayor on behalf of the City of Cleveland. The deeds shall contain necessary provisions, including restrictive reversionary interests as may be specified by the Board of Control or Director of Law, which shall protect the parties as their respective interests require and shall specifically contain a provision against the erection of any advertising signs or billboards except permitted identification signs.

Section 4. That the proceeds from the sale of the Development Site Parcels shall be deposited into a fund or funds determined by the Director of Finance.

Section 5. That the appropriate documents needed to effectuate this ordinance shall be prepared by the Director of Law.

Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

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

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Ordinances and Resolutions

First Reading Ordinances Referred

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

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 July 15, 2020, and referred to the appropriate City departments and Council Committees for review.

Click on an ordinance below to read it:

Ord. No. 563-2020

First Reading Ordinances Referred Official Proceedings – City Council July 17, 2020 The City Record 19

Ordinance No. 563-2020

By Council Member: Zone

An ordinance changing the Use, Area and Height Districts of parcels of land south of the Cleveland Memorial Shoreway between West 78th Street and West 70th Street (Map Change 2609).

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

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

Beginning at the intersection of the centerline of West 73rd Street and the westerly prolongation of the northerly line of a parcel of land conveyed by Sandra Galensky to Darrell Martin by deed as recorded on July 13, 2005, by Auditor’s File Number 200507130676 (also known as Permanent Parcel Number (PPN) 002-07-004);

Thence, easterly along said westerly prolongation of the northerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line to its intersection with the southerly line thereof;

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 73rd Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of the aforementioned Permanent Parcel Number (PPN) 002-07-004 and the point of origin;

And;

Beginning at the intersection of the Centerline of West 74th (formerly Smith) street) and the centerline of Rutledge Avenue;

Thence, southerly along the centerline of West 74th Street to its intersection with the southerly line of a parcel of land known as being parts of Sublots Nos. 1, 8, and 9 in Taft Smith, Marshall and Wagner’s Subdivision of part of Original Brooklyn Township Lot No. 29, as shown by the recorded plat in Volume 9 of Maps, Page 14 of Cuyahoga County Records (PPN 002-05-048);

Thence, southwesterly along said southerly line to its intersection with the westerly line thereof;

First Reading Ordinances Referred Ord. No. 563-2020 Official Proceedings – City Council July 17, 2020 The City Record 20

Thence, northwesterly along said westerly line to its intersection with the southeasterly prolongation of the westerly line of a parcel of land conveyed by Mary Jane Teschner to Ramon Guzman by deed as recorded February 25, 1993, by Auditor’s File Number (AFN) 00440373 in Book 1632, Page 51 of Cuyahoga County Fiscal Records (PPN 002-05-050);

Thence, northwesterly along said westerly line and its northwesterly prolongation to its intersection with the centerline of Rutledge Avenue;

Thence, northeasterly along the centerline of Rutledge Avenue to its intersection with the centerline of West 74th Street and the point of origin;

And as identified on the attached map shall be changed to a ‘Open Space & Recreation’ District, a ‘B’ Area District and a ‘1’ Height District;

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

Beginning at the intersection of the centerline of West 76th (formerly Salisbury) Street and the easterly prolongation of the northerly line of a parcel of land known as Sublot No. 103 in W.J. Gordon’s Allotment of part of Original Brooklyn Township Lots Nos. 29 and 30, as shown by the recorded plat in Volume 17 of Maps, Page 9 of Cuyahoga County Records (PPN 002-03-015);

Thence, westerly along said northerly line to its intersection with the westerly line thereof;

Thence, southerly along said westerly line and its southerly prolongation to its intersection with the southerly line of a parcel of land known as Sublot No. 107 in W.J. Gordon’s Subdivision of part of Original Brooklyn Township lots Nos. 29 and 30, as shown by the recorded plat in Volume 17 of Maps, Page 9 of Cuyahoga County Records (PPN 002-03-011);

Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of West 76th Street;

Thence, northerly along the centerline of West 76th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land known as being Sublot No. 2 in The Ramsey’s Allotment of par of Original Brooklyn Township Lot No. 30 as shown by the recorded plat in Volume 7 of Maps, Page 29 of Cuyahoga County Records (PPN 002-03-015) and the point of origin;

And;

Beginning at the intersection of the centerline of West 74th Street and the westerly prolongation of the northerly line of a parcel of land known as being Sublot No. 2 in The Ramsey’s Allotment of part of Original Brooklyn Township Lot No. 30, as shown

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by the recorded plat in Volume 7 of Maps, Page 29 of Cuyahoga County Records (also known as PPN 002-04-019);

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along the centerline of West 73rd Street to its intersection with the easterly prolongation of the southerly line of a parcel of land known as the Easterly half of Sublot No. 1 in Map of Minerva Ramsey’s Guardian Allotment, of part of Original Brooklyn Township Lot No. 30, as shown by the recorded plat in Volume 7 of Maps, Page 29 of Cuyahoga County Records (PPN 002-04-020);

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 74th Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of the aforementioned Sublot No. 2 (PPN 002-04- 019) and the point of origin;

And;

Beginning at the intersection of the centerline of West 70th (formerly Barrett) Street and the easterly prolongation of the northerly line of a parcel of land known as being the Northerly 30 feet of Sublot No. 18 and the Southerly ten feet of Sublot No. 19 in Waite and Edward’s Allotment of part of Original Brooklyn Township Lots Nos. 31 and 32, as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 002-07-041);

Thence, westerly along said easterly prolongation of said northerly line to its intersection with the westerly lien thereof;

Thence, southerly along said westerly line to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed by Daniel O’Callahan to Eamon & Nancy Darcy by deed as recorded on February 6, 1990, by Auditor’s File Number 00857194 in Book 713, Page 8 of Cuyahoga County Fiscal Records (PPN 002-07-047);

Thence, southerly along said northerly prolongation of said westerly line to its intersection with the northerly line of a parcel of land known as being part of Sublots Nos. 1 & 2 in Waite & Edwards’ Subdivision of part of Original Brooklyn Township Lots Nos. 31 & 32 as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 002-07-046);

Thence, easterly along said northerly line to its intersection with the easterly line thereof;

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Thence, southerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed by Marianne Bennstedt & Stephen Roland to Michael Holick by deed as recorded on October 21, 1985, by Auditor’s File Number 00105752 in Book 55902, Page 12 of Cuyahoga County Fiscal Records (PPN 002-07-053);

Thence, northeasterly and easterly along said northerly line and its easterly prolongation to its intersection with the centerline of West 70th (formerly Barrett) Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of the aforementioned Permanent Parcel Number (PPN) 002-04-019 and the point of origin;

And as identified on the attached map shall be changed to a ‘Two Family Residential' District, a ‘D’ Area District and a ‘1’ Height District;

Section 3. That the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of West 73rd (formerly Ramsey) Street and the westerly prolongation of the southerly line a parcel of land known as being part of Sublot Nos. 9 and 10, in Waite & Edwards’ Subdivision of part of Original Brooklyn Township Lots Nos. 31 and 32, as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 002-07-033);

Thence, easterly along said westerly prolongation of said southerly line to its intersection with the easterly line thereof;

Thence, northerly along said easterly line and its northerly prolongation to its intersection with the northerly line of a parcel of land known as being part of Original Brooklyn Township Lot No. 31 (PPN 002-07-054);

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along said centerline to its intersection with the westerly prolongation of the southerly line of the aforementioned PPN 002-07-033 and the point of origin;

And as identified on the attached map shall be changed to a ‘Multi-Family Residential’ Use District, a ‘G’ Area District and a ‘1’ Height District;

Section 4. That the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of West 73rd (formerly Ramsey) Street and the westerly prolongation of the southerly line of a parcel of land known as Lot 1 in the Battery Park Development Lot Split of part of Original Brooklyn Township Lots

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Nos 31 & 32 as recorded by Auditor’s File Number (AFN) 201908090596 as recorded with Cuyahoga County Fiscal Records on August 9, 2019 (PPN 002-07-058);

Thence, easterly along said westerly prolongation of said southerly line to its intersection with the easterly line thereof;

Thence, northerly along said easterly line to its intersection with the southerly line of a parcel of land known as being the Northerly 30 feet of Sub Lot No. 19 and the Southerly ten (10) feet of Sub Lot No. 20 in Waite and Edwards’ Subdivision of part of Original Brooklyn Township Lots Nos. 31 and 32, as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 00207042);

Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of West 70th Street;

Thence, northerly along said centerline to its intersection with the easterly prolongation of the northerly line of the aforementioned Permanent Parcel Number (PPN 002-07-042);

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along said centerline to its intersection with the centerline of Gateway Court;

Thence, westerly along the centerline of Gateway Court to its intersection with the centerline of West 74th Street;

Thence, southerly along the centerline of West 74th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by Salvatore Morbidelli to John Pawlicki by deed as recorded by Auditor’s File Number (AFN) 00332226 on October 13, 1978, in Book 14861, Page 543 in Cuyahoga County Fiscal Records (PPN 002-04-019);

Thence, easterly along the northerly line thereof and its easterly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along the centerline of West 73rd Street to its intersection with the westerly prolongation of the southerly line of the aforementioned Permanent Parcel Number 002-07-058 and the point of origin;

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

Section 5. That the Use District of lands bounded and described as follows:

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Beginning at the intersection of the centerline of West 73rd Street and the westerly prolongation of the northerly line of a parcel of land conveyed to Wayne & Amy Massad by Emerald Mortgage Co. as recorded by mortgage filing on September 19, 2003, in Auditor’s File Number 200309190480 of Cuyahoga County Fiscal Records and known as Permanent Parcel Number 002-07-005;

Thence, easterly along said northerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line to its intersection with the southerly line thereof;

Thence, westerly along said southerly line to its intersection with the westerly line of a parcel of land known as being part of Sublot No. 7 in Lamb & Hooker’s Allotment of part of Original Brooklyn Township Lots Nos. 29 and 30, as shown by the recorded plat in Volume 2 of Maps, Page 27 of Cuyahoga County Records (PPN 002-07-007);

Thence, southeasterly along said westerly line to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by James & Louise Mulgrew to Paul & Sharman Stanley by deed as recorded by Auditor’s File Number 00933819 on September 15, 1983, in Book 433, Page 59 of Cuyahoga County Fiscal Records (PPN 002-05-030);

Thence, westerly along said easterly prolongation to its intersection with the centerline of West 73rd Street;

Thence, northerly along the centerline of West 73rd Street to its intersection with the northerly line of the aforementioned Permanent Parcel Number 002-07-005 and the point of origin;

And as identified on the attached map shall be changed to a ‘Local Retail Business’ Use District, a ‘K’ Area District and a ‘2’ Height District;

Section 6. That the street frontages described as follows:

The eastern side of West 73rd Street between the southerly line of a parcel of land conveyed by deed to Wickford Holdings LLC as recorded in Auditor’s File Number 201804300756 on April 30, 2018, in Cuyahoga County Fiscal Records (PPN 002-07- 003) and easterly prolongation of the centerline of Marina Court;

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

Section 7. That the change of zoning of lands described in Section 1 through 5 shall be identified as Map Change No. 2609, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the

First Reading Ordinances Referred Ord. No. 563-2020 Official Proceedings – City Council July 17, 2020 The City Record 25 office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; and Law; Committee on Development, Planning and Sustainability.

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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 July 15, 2020, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 549-2020 Ord. No. 559-2020

Ord. No. 550-2020 Ord. No. 560-2020

Ord. No. 551-2020 Ord. No. 561-2020

Ord. No. 556-2020

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Ordinance No. 549-2020

By Council Member: B. Jones

An emergency ordinance amending the Title and Section 1 of Ordinance No. 414-2020, passed May 27, 2020, as it pertains authorizing the Director of the Department of Aging to enter into an agreement with the Lexington Bell Community Center for the Emergency Food Card Program through the use of Ward 7 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. 414-2020, passed May 27, 2020, are hereby amended to read as follows:

An Emergency Ordinance authorizing the Director of the Department of Aging to enter into an agreement with Famicos Foundation the Lexington Bell Community Center for the Emergency Food Card Program through the use of Ward 7 Casino Revenue Funds.

Section 1. That the Director of the Department of Aging is authorized to enter into an agreement effective May 1, 2020 with Famicos Foundation Lexington Bell Community Center for the Emergency Food Card Program for the public purpose of providing food cards for senior citizens, needy families and disabled persons in the city of Cleveland wh0 have been severely impacted by the coronavirus pandemic through the use of Ward 7 Casino Revenue Funds.

Section 2. That the Title and Section 1 of Ordinance No. 414-2020 passed May 27, 2020, 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 Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 549-2020 Official Proceedings – City Council July 17, 2020 The City Record 28

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 549-2020 Official Proceedings – City Council July 17, 2020 The City Record 29

Ordinance No. 550-2020

By Council Member: Kazy

An emergency ordinance authorizing the Director of the Department of Community Development to enter into an agreement with Bellaire-Puritas Development Corporation for the Lorain Avenue Art Phase 3 Project through the use of Ward 16 Casino Revenue Funds.

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

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

Section 1. That the Director of the Department of Community development is hereby authorized to enter into an agreement effective May 1, 2020, with Bellaire-Puritas Development Corporation for the Lorain Avenue Art Phase 3 Project for the public purpose of providing artwork in public spaces in the City of Cleveland through the use of Ward 16 Casino Revenue Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $7,500 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 Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 550-2020 Official Proceedings – City Council July 17, 2020 The City Record 30

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 550-2020 Official Proceedings – City Council July 17, 2020 The City Record 31

Ordinance No. 551-2020

By Council Member: Slife

An emergency ordinance authorizing the Director of the Department of Public Works to enter into an agreement with Puritas Boy’s Baseball League for the Maplewood Baseball Diamond Maintenance Project through the use of Ward 17 Neighborhood Equity 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 authorized to enter into an agreement with Puritas Boy’s Baseball League for the Maplewood Baseball Diamond Maintenance Project for the public purpose of maintaining and doing upkeep on baseball fields at Maplewood Park in the City of Cleveland through the use of Ward 16 Neighborhood Equity Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $7,800 and shall be paid from Fund No. 10 SF 166.

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 Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 551-2020 Official Proceedings – City Council July 17, 2020 The City Record 32

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 551-2020 Official Proceedings – City Council July 17, 2020 The City Record 33

Ordinance No. 556-2020

By Mayor Jackson and Council Members: Griffin, Zone and Kelley

An emergency ordinance to supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting new Sections 602.01 to 602.06 relating to facial coverings and social distancing, Section 437.30, relating to passenger facial coverings in vehicles for hire during the COVID-19 Pandemic, Sections 236.01 to 236.07 relating to the Dine Safe Ohio Order, and Sections 238.01 to 238.05 relating to sanitization after COVID-19 positive employee.

WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person. The virus is spread between individuals who are in close contact with each other (within six feet); and

WHEREAS, the World Health Organization, the United States of America, the State of Ohio, Cuyahoga County, and the City of Cleveland each have declared COVID-19 a public health emergency; and

WHEREAS, as of July 8, 2020, the Centers for Disease Control and Prevention (CDC) reported 2,982,900 cases of COVID-19 in the United States, resulting in 131,065 deaths; and

WHEREAS, on March 11, 2020, Mayor Jackson, under and by the virtue of the authority vested in him by the Ohio Constitution, the Charter and laws of the City of Cleveland, declared a Proclamation of Civil Emergency in the City of Cleveland due to the threat to the health and safety of all citizens caused by the outbreak of COVID-19; and

WHEREAS, on March 22, 2020, the Ohio Department of Health issued a Director’s Stay at Home Order, containing prohibitions on mass gatherings over 10 people, requirements for social distancing, and allowances for only essential business to be open to the public, which order was subsequently amended to allow businesses to open with the certain requirements and recommendations and was subsequently extended and which order is currently in effect; and

WHEREAS, on June 5, 2020, the Ohio Department of Health issued the Director’s Dine Safe Ohio Order outlining minimum requirements for restaurants, bars, banquet and catering facilities and services, which minimum requirements addressed, among other items, maximum dining capacity and social distancing requirements; and

WHEREAS, the Ohio Department of Health orders specify that they set forth minimum acts; and

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WHEREAS, under the Revised Code, the Cleveland Department of Public Health and the Cleveland Police have authority to enforce Ohio Department of Health orders; and

WHEREAS, the Center for Disease Control recommends face coverings in public when other physical distancing measures are difficult to maintain to help slow the spread of COVID-19 from asymptomatic or unknowing carriers to others; and

WHEREAS, the American Hospital Association, the American Medical Association, and the American Nurses Association wrote an open letter to the American public on July 6, 2020, urging the American public to wear a facial mask, to maintain physical distancing, and to wash their hands; and

WHEREAS, the Texas Medical Association published a guidance chart prepared by physician experts that outlined behavior based on risk and the lowest risk activity on the chart is opening the mail and the highest risk activity on the chart is going to a bar; and

WHEREAS, since June 1, 2020, in the City of Cleveland, seven out of the 13 outbreak locations were in bars and entertainment venues; and

WHEREAS, on July 2, 2020, a Public Health Advisory Alert System, a four-level color coded system was established that provides data on the severity of COVID-19 in Ohio counties; and Cuyahoga County, where the City of Cleveland is located, was categorized, and continues to be categorized, as Level 3 Public Emergency, characterized by very high exposure and spread of COVID-19 with a recommendation to limit activities as much as possible and to follow all current health orders; and

WHEREAS, in fourteen days prior to July 2, 2020, the City’s Department of Public Health (CDPH) reported 525 new confirmed COVID-19 cases and the Cuyahoga County’s Board of Health reported 1,300 new confirmed COVID-19 cases, which is more confirmed cases than Cuyahoga County has previously seen in any 14-day period; and

WHEREAS, as of July 1, 2020, CDPH has reported a significant rise in confirmed COVID-19 cases in the City of Cleveland; and

WHEREAS, on July 8, 2020, the Ohio Department of Health issued a Director’s Order mandating that all individuals, unless otherwise exempted, to wear masks in certain locations; and

WHEREAS, after weighing the known information about the COVID-19 virus, consulting with the City’s Department of Public Heath, and considering the guidance from the Oho Department of Health, this Cleveland City Council concludes that the safety of residents of and persons in the City of Cleveland is best protected by implementing face coverings and social distancing requirements; and

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

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 556-2020 Official Proceedings – City Council July 17, 2020 The City Record 35 providing for the immediate preservation of the public peace, property, health and safety to mitigate the spread of COVID-19, while allowing for the continuation of essential services, businesses, and traveling; now, therefore,

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

Section 1. That the Codified Ordinances of Cleveland, Ohio, 1976 are supplemented by enacting new Sections 602.01 to 602.06, Section 437.30, Sections 236.01 to 236.07 and Sections 238.01 to 238.05 to read as follows:

Chapter 602 Facial Coverings and Social Distancing During the COVID-19 Pandemic

Section 602.01 Definitions

As used in this Chapter:

(a) “Facial covering” means any material covering an individual’s nose, mouth and chin.

(b) “Household” means those persons who reside in the same home and includes family members, foster children and legal wards even if they do not live in the household and does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

(c) “Covered businesses” include any for-profit, non-profit, educational entities, or government entities (other than federal) regardless of the nature of service, the function it performs, or its corporate or entity structure and does not include schools, as defined in division (e) of this section, or jails or prison facilities.

(d) “Family” means one (1) or more persons related by blood, adoption or marriage, or a family foster home, living and cooking together as a single housekeeping unit, exclusive of house-hold servants. A number of persons, but not exceeding three (3) living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family. A family foster home shall mean a family related by blood, adoption or marriage as defined above with no more than five (5) foster children.

(e) “Schools” mean any public, private, or charter school or institution that offer kindergarten through grade twelve instruction that should follow the guidelines set forth by the Ohio Department of Education and the Ohio Department of Health.

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Section 602.02 Facial Coverings

(a) Unless otherwise exempted under division (c) of this section, no person in the City of Cleveland shall fail to wear a facial covering at all times when doing any of the following:

(1) Being in any indoor location that is not a residence;

(2) Being outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household; or

(3) Waiting for, riding, driving, or operating a taxicab or public hack, as defined in Section 443.011, a private car service, a ride sharing, vehicle, or any other motor vehicle for hire, as defined in Section 401.30; or

(b) Division (a)(3) of this section does not apply to either private or rental vehicles where members of a family are sharing a vehicle or vehicles engaged in direct travel through the City of Cleveland that do not stop in the city.

(1) The individual is under ten years of age;

(2) The individual states he or she has a medical condition, including those with respiratory conditions that restrict breathing, mental health conditions, or a disability that contraindicates the wearing of a facial covering;

(3) The individual is communicating or seeking to communicate with someone who is hearing-impaired or has another disability, where the ability to see the mouth is essential for communication;

(4) The individual is alone in an enclosed space, such as an office, and which space is not intended for use or access by the public;

(5) The individual is actively engaged in exercise in a gym or indoor facility so long as six or more feet of separation between individuals exists;

(6) The individual is actively participating in athletic practice, scrimmage, or competition that is permitted under a separate Ohio Department of Health order;

(7) The individual is actively engaged in a public safety capacity, including but not limited to law enforcement, firefighters, or emergency medical personnel;

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(8) The individual is seated and actively consuming food or beverage in a restaurant or bar;

(9) The individual is actively participating in broadcast communications;

(10) The individual is an officiant of a religious service;

(11) When facial coverings are prohibited by law or regulation;

(12) When facial coverings are in violation of documented industry standards; or

(13) When facial coverings are in violation of a business’s documented safety policies.

Section 602.03 Civil Penalties and Enforcement

(a) Any person who violates any provision of Section 602.02 shall be issued a warning, and, if a person fails to comply with the warning shall be subject to a civil penalty of $25.00 for each offense.

(b) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.

(c) In addition to Cleveland Police Officers, this chapter may be enforced by the Director of Public Health, the Director of Public Safety, or the Commissioner of Environmental Health, and any other officer or employee designated by them.

Section 602.04 Appeals

A civil penalty imposed under Section 602.03 may be appealed to the Directors of Public Safety and Public Health (“Directors”), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors’ written decision.

Section 602.05 Severability

If any portion of this chapter, or any section or part of a section is declared by a court of competent jurisdiction to be invalid, the declaration must be limited solely to that portion, section, or part of a section that was directly involved in the controversy before the court on which judgment was rendered and may not affect or impair the validity of the remainder of this chapter.

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Section 602.06 Expiration

This Chapter 602 shall expire upon the termination of the Mayor’s Proclamation of Civil Emergency in the City of Cleveland dated March 11, 2020, as amended.

Section 437.30 Passenger Facial Coverings in Vehicles for Hire During the COVID-19 Pandemic

(a) No person shall operate a taxicab or public hack, as defined in Section 443.011, a private car service, a ride sharing, vehicle, or any other motor vehicle for hire, as defined in Section 401.30, (collectively “For Hire Vehicle”) to transport any individuals unless all individuals contained therein have a facial covering, as defined in Section 602.01.

(b) Division (a) of this section does not apply to any person who is exempted under division (c) of Section 602.02.

(c) Any person who violates division (a) of this section as an operator shall be subject to a civil penalty of $25.00 for each individual passenger failing to wear a facial covering, unless exempted as stated in division (b).

(d) A civil penalty imposed under division (c) of this section may be appealed to the Directors of Public Safety and Public Health (“Directors”), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors’ written decision.

(e) Notwithstanding any provision of the law to the contrary, no law enforcement officer shall cause an operator of a for hire vehicle being operated on any street or highway to stop the vehicle for the sole purpose of determining whether a violation of division (a) of this section has been or is being committed or for the sole purpose of issuing a citation for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any for hire vehicle being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.

(f) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.

(g) This Section 437.30 shall expire upon the termination of the Mayor’s Proclamation of Civil Emergency in the City of Cleveland dated March 11, 2020, as amended.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 556-2020 Official Proceedings – City Council July 17, 2020 The City Record 39

Chapter 236 Requirements to Implement Dine Safe Ohio Order

Section 236.01 Definitions

(a) The words in this chapter shall have the meaning given to them in Section 602.01 of the Cleveland Codified Ordinances.

(b) “Operator” means a person who owns, controls, operates, or maintains a business that is subject to the Ohio Director of Health’s Dine Safe Ohio Order dated June 5, 2020 (“Dine Safe Ohio Order”) and as thereafter amended.

Section 236.02 Facial Coverings, Social Distancing and Capacity Requirements

(a) No person shall operate a business that is subject to the Dine Safe Ohio Order or any amendments thereto unless the business complies with the following:

(1) Requires all employees who interact with the public or other employees to wear a facial covering, except for employees who are not required by any Ohio Department of Health’s order to wear a facial covering, including, but not limited to the following:

A. When facial coverings in the work setting are prohibited by law or regulation;

B. When facial coverings are in violation of documented industry standards;

C. When facial coverings violate the business’ documented safety policies;

D. When the employee is working alone in an assigned work area not open to the public; and

E. When a functional (practical) reason exists for an employee not to wear a facial covering.

(2) Requires all individuals consuming food or beverage to be seated.

(3) Establishes the required maximum dining capacity by using updated COVID-19 compliant floor plans as set forth in the Dine Safe Ohio Order or as thereafter amended that ensures that all individuals must be seated to consume food or beverage. As used here “dining capacity” includes those who are consuming food, those who are consuming beverages, and those who are consuming both.

(4) Posts at all public entrances the maximum dining capacity, a copy of the COVID-19 compliant floor plan, as described in subdivision (a)(3) of this

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section, and the maximum reservation or party size limitation as set forth in Dine Safe Ohio Order or as thereafter amended.

(5) If the business has an open congregate area for dancing or other activities, as described in the Dine Safe Ohio Order and any amendments thereto, the business shall establish a capacity limit for each such area, which capacity limit complies with the social distancing requirements in the Dine Safe Ohio Order and any amendments thereto, and shall post a notice of each such capacity in each area where individuals can easily see and read the notice. The capacity for open congregate areas is not in addition to the dining capacity.

(6) The social distancing requirements in the Dine Safe Ohio Order and any amendments thereto.

(7) Requires all individuals entering and remaining in the business to wear a facial covering at all times, unless an individual is exempted under division (c) of Section 602.02 of the Cleveland Codified Ordinances.

(b) No employee of a place of business who is required to wear a facial covering under the Dine Safe Ohio Order and any amendments thereto shall fail to do so.

(c) No person owning or operating a place of business shall fail to provide, within ten days of receiving a written request from the City, a written justification why an employee is exempt from wearing a facial covering.

Section 236.03 Emergency Nuisance and Abatement Order

Any place of business that is operated in violation of the provisions of this chapter is declared to be an emergency nuisance, and an abatement order may be summarily issued to the operator to be complied with immediately or the Director of Public Health, or any authorized City officer or employee, shall take such action as is necessary to remedy the emergency nuisance condition.

Section 236.04 Responsibility of the Operator

Every act or omission of an agent or employee that constitutes a violation of any provision of this chapter shall be deemed the act or omission of the operator if such act or omission occurs with the approval of the operator, or as a result of the operator’s negligent failure to supervise the agent’s or employee’s conduct. The operator shall be punished for such act or omission in the same manner as if the operator committed the act or caused the omission.

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Section 236.05 Civil Penalties and Enforcement

(a) Any person who violates subdivision (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of Section 236.02, each constituting a separate offense, shall be issued a verbal warning and, if the violation continues after a reasonable time to take corrective measures, the person shall be subject to a civil penalty of $1,000.00 for the first offense and a civil penalty of $3,000.00 for each subsequent violation.

(b) Any person who violates division (b) of Section 236.02 shall be subject to a civil penalty of $25.00 for each violation.

(c) The Director of Public Health, Director of Public Safety, or the Commissioner of Environmental Health, and any other officer or employee designated by them, and any Cleveland Police Officer may enforce the provisions of this chapter.

(d) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.

Section 236.06 Appeals

A civil penalty imposed under Section 236.05 may be appealed to the Directors of Public Safety and Public Health (“Directors”), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors’ written decision.

Section 236.07 Expiration

This Chapter 236 shall expire upon the termination of the Ohio Director of Health’s Dine Safe Ohio Order dated June 5, 2020 (“Dine Safe Ohio Order”) or any amendment, whichever is later.

Chapter 238 Sanitization after COVID-19 Positive Employee

Section 238.01 Definitions

(a) “Covered businesses” include any for-profit, non-profit, educational entities, or government entities (other than federal) regardless of the nature of service, the function it performs, or its corporate or entity structure and does not include schools, as defined in division (e) of Section 602.01 of the Cleveland Codified Ordinances, or jails or prison facilities.

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(b) “Sanitize” means to perform environmental cleaning consistent with the guidance from the Centers for Disease Control and Prevention for cleaning and disinfecting for COVID-19, which cleaning includes using cleaning agents that are known to kill the coronavirus on all surfaces, including, without limitation, workstations, countertops, railings, door handles, equipment, machinery, work tools, walls, and barriers.

Section 238.02 Sanitization After COVID-19 Positive Employee

(a) If any covered business learns that one of its employees tests positive for COVID-19 and that employee was present in the business while symptomatic, that business shall sanitize as described in division (b) of Section 238.01 before that covered business may be open to the public.

(b) No covered business shall open to the public until it completes the sanitization required in division (a) of this Section.

Section 238.03 Civil Penalties and Enforcement

(a) Any person who violates division (b) of Section 238.02 shall be subject to a civil penalty of $1,000.00 for each offense.

(b) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.

Section 238.04 Appeals

A civil penalty imposed under Section 238.03 may be appealed to the Directors of Public Safety and Public Health (“Directors”), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors’ written decision.

Section 238.05 Expiration

This Chapter 238 shall expire upon the termination of the Mayor’s Proclamation of Civil Emergency in the City of Cleveland dated March 11, 2020, as amended.

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

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 556-2020 Official Proceedings – City Council July 17, 2020 The City Record 43 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 Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 14. Nays 1.

Read second time.

Read third time in full.

Passed. Yeas 14. Nays 1.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Slife and Zone.

Voting Nay: Polensek.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 556-2020 Official Proceedings – City Council July 17, 2020 The City Record 44

Ordinance No. 559-2020

By Council Member: Kelley (by departmental request)

An emergency ordinance approving the collective bargaining agreement with the Stage Employees Local No. 27, IATSE; and to amend Section 47 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications.

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

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

Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with Stage Employees Local No. 27, IATSE, under the terms contained in File No. 559-2020-A, for the period from April 1, 2019 through March 31, 2022, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 2% April 1, 2019 2% April 1, 2020 2% April 1, 2021

Section 2. That Section 47 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1481-15, passed December 7, 2015 and Ordinance No. 161-18, passed August 15, 2018, is amended to read as follows:

Section 47. Stage Employees Local 27 of the International Alliance of Theatrical Stage Employees. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Stage Hand $32.32 $33.63 $34.30 $34.99 2 Stage Hand Casual 31.01 32.26 32.91 33.57 3 Stage Hand - Show Rate (Per Show) 104.99 109.23 111.41 113.64

Section 3. That existing Section 47 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1481-15, passed December 7, 2015, and Ordinance No. 161- 18, passed August 15, 2018, is repealed.

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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.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 559-2020 Official Proceedings – City Council July 17, 2020 The City Record 46

Ordinance No. 560-2020

By Council Member: Kelley (by departmental request)

An emergency ordinance approving the collective bargaining agreement with the Machinists District 54, Local No. 439; and to amend Section 17 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications.

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

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

Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with Machinists District 54, Local No. 439, under the terms contained in File No. 560-2020-A, for the period from April 1, 2019, through March 31, 2022, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 2% April 1, 2019 2% April 1, 2020 2% April 1, 2021

Section 2. That Section 17 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 323-18, passed March 26, 2018, and Ordinance No. 730-18, passed June 4, 2018, is amended to read as follows:

Section 17. International Association of Machinists and Aerospace Workers, District Council 54, Local 439. Machinists District 54, Local No. 439. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Machinist $20.97 $24.61 $21.39 $25.60 2 Machinist Helper 18.17 20.80 18.53 21.64

Section 3. That existing Section 17 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 323-18, passed March 26, 2018, and Ordinance No. 730- 18, passed June 4, 2018, is repealed.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 560-2020 Official Proceedings – City Council July 17, 2020 The City Record 47

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 560-2020 Official Proceedings – City Council July 17, 2020 The City Record 48

Ordinance No. 561-2020

By Council Member: Kelley (by departmental request)

An emergency ordinance approving the collective bargaining agreement with the Treasurers and Ticket Sellers Union, Local 756; and to amend Section 46 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications.

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

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

Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with Treasurers and Ticket Sellers Union, Local 756, under the terms contained in File No. 561-2020-A, for the period from April 1, 2019, through March 31, 2022, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 2% April 1, 2019 2% April 1, 2020 2% April 1, 2021

Section 2. That Section 46 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 10-18, passed January 22, 2018, and Ordinance No. 320-18, passed March 26, 2018, is amended to read as follows:

Section 46. Treasurers and Ticket Sellers Union, Local 756. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Assistant Manager of Box Office $23,800.06 $57,792.64 $58,948.49 $60,127.46 2 Box Office Cashier 10.33 19.05 18.16 19.82

Section 3. That existing Section 46 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 10-18, passed January 22, 2018, and Ordinance No. 320- 18, passed March 26, 2018, is repealed.

Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 561-2020 Official Proceedings – City Council July 17, 2020 The City Record 49 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 Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 561-2020 Official Proceedings – City Council July 17, 2020 The City Record 50

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 July 15, 2020, and referred to the appropriate City departments and Council Committees for review.

Click on a resolution below to read it:

Res. No. 552-2020

Res. No. 553-2020

Res. No. 554-2020

First Reading Emergency Resolutions Referred Official Proceedings – City Council July 17, 2020 The City Record 51

Resolution No. 552-2020

By Council Member: B. Jones

An emergency resolution urging the Cleveland Indians to change their baseball team name.

WHEREAS, the Cleveland Indians team name, held since 1915, is considered offensive by many Native Americans, who oppose their heritage being used as a sports team identity, and fans with growing racial awareness in 2020 America; and

WHEREAS, American society is undergoing a wide uprising over police brutality and systemic racism after the killing of George Floyd in police custody, a widespread movement that has led to a reconsideration of statues, flags, symbols and mascots considered to be racist or celebrating racist history; and

WHEREAS, the Cleveland Indians leadership recently stated that “…recent unrest in our community and our country has only underscored the need for us to keep improving as an organization on issues of social justice. With that in mind, we are committed to engaging our community and appropriate stakeholders to determine the best path forward with regard to our team name.”; and

WHEREAS, this commitment followed the Washington Redskins, National Football League team, announcing that their team will undergo a thorough review of the team’s name, after receiving requests from their corporate sponsors, including FedEx and Bank of America, to change the team name; and

WHEREAS, Native Americans, Native American activists like Suzan Shown Harjo, and the American Psychological Association have long advocated for sports teams to change American Indian names and mascots; and

WHEREAS, using the term “Indians” in reference to Native Americans is a misnomer, and changing the name would acknowledge the history of exploitation and discrimination of Native Americans in America; and

WHEREAS, this Council acknowledges that the Cleveland Indians phased out using the controversial Chief Wahoo mascot last year; and

WHEREAS, this Council recognizes that the Cleveland Indians have begun discussing the possibility of changing their team name, and urges them to do so; 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:

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Section 1. That this Council urges the Cleveland Indians to change their baseball team name.

Section 2. That the Clerk of Council is directed to send a copy of this resolution to the Cleveland Indians, Paul Dolan, Owner.

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 Director of Law; Committee on Finance.

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Resolution No. 553-2020

By Council Member: Conwell

An emergency resolution urging the Cleveland Metropolitan School District to make mandatory in its curriculum African-American History and Cleveland-centered African-American History, and further urging the School District to create an African-American education center for children based on African-American heritage and history in Cleveland.

WHEREAS, the United States and the City of Cleveland have an important and rich history of the African-American people, but it is not fully taught in schools; and

WHEREAS, the City of Cleveland’s children do not learn enough about African- American history, heritage and culture of the United States and of Cleveland; and

WHEREAS, it seems that children in Cleveland only know about Martin Luther King, Jr. in relation to African-American heritage and history; and

WHEREAS, there is so much more African-American history, heritage and culture that should be taught to Cleveland students, including about Clevelanders Garrett Morgan, Jessie Owens, Fannie Lewis, Carl Stokes, and Stephanie Tubbs Jones, to name only a few; 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 urges the Cleveland Metropolitan School District to make mandatory in its curriculum African-American History and Cleveland-centered African-American History, and further urges the School District to create an African- American education center for children based on African-American heritage and history in Cleveland.

Section 2. That the Clerk of Council is directed to transmit copies of this resolution to Eric Gordon, CEO, Cleveland Metropolitan School District and to the appropriate persons at the Ohio State Board of Education.

Referred to the Directors of Law; Committee on Finance.

First Reading Emergency Resolutions Referred Res. No. 553-2020 Official Proceedings – City Council July 17, 2020 The City Record 54

Resolution No. 554-2020

By Council Member: Conwell

An emergency resolution urging the Cleveland Metropolitan School District to change the name of Patrick Henry Middle School to Stephanie Tubbs Jones Middle School.

WHEREAS, Patrick Henry, known as one of this country’s founding fathers, was also a slaveholder; and

WHEREAS, when he died, Patrick Henry left his estates and his 67 slaves to be divided between his wife and his six sons; despite his various comments opposing the institution of slavery, Henry did not free any slaves; and

WHEREAS, Stephanie Tubbs Jones was the first African-American woman from Ohio to be elected to Congress, representing the 11th congressional district from 1999 until her death in 2008; and

WHEREAS, prior to being elected to the House of Representatives, Tubbs Jones was elected a judge to the Cleveland Municipal Court in 1981 and to the Cuyahoga County Court of Common Pleas between 1983-91; Tubbs Jones served as Cuyahoga County Prosecutor from 1991 to 1999, when she took her seat in Congress; and

WHEREAS, Stephanie Tubbs Jones was born in Cleveland and lived her entire life in the Glenville community—a true “Daughter of Glenville”; and

WHEREAS, Stephanie Tubbs Jones graduated from Collinwood High School and earned a bachelor’s degree and law degree from Case Western Reserve University; and

WHEREAS, in this time of civil unrest because of continued racial injustices, it is also time to honor a person like Stephanie Tubbs Jones who strove for equity and social justice and was a role model for all Clevelanders, especially Black Clevelanders; 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 urges the Cleveland Metropolitan School District to change the name of Patrick Henry Middle School to Stephanie Tubbs Jones Middle School.

Section 2. That the Clerk of Council is directed to transmit copies of this resolution to Eric Gordon, CEO, Cleveland Metropolitan School District.

First Reading Emergency Resolutions Referred Res. No. 554-2020 Official Proceedings – City Council July 17, 2020 The City Record 55

Referred to the Director of Law; Committee on Finance.

First Reading Emergency Resolutions Referred Res. No. 554-2020 Official Proceedings – City Council July 17, 2020 The City Record 56

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 July 15, 2020, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.

Click on a resolution below to read it:

Res. No. 558-2020 Res. No. 567-2020

Res. No. 564-2020 Res. No. 568-2020

Res. No. 565-2020 Res. No. 569-2020

Res. No. 566-2020 Res. No. 570-2020

First Reading Emergency Resolutions Read in Full and Adopted Official Proceedings – City Council July 17, 2020 The City Record 57

Resolution No. 558-2020

By Council Member: Kelley

An emergency resolution fixing the date of the next regular meeting of Council.

WHEREAS, pursuant to Council Rule 5, regular meetings of the Council are held on Mondays at 7:00 pm unless otherwise ordered by motion, resolution or ordinance; and

WHEREAS, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health or safety; now, therefore,

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

Section 1. That, the next regular meeting of the Council, to be held during the COVID-19 emergency declaration, will be conducted as a virtual meeting in accordance with Ohio's Open Meetings Laws as amended by Sub. H.B 197; and shall be held on July 29, 2020. A notice identifying the time of the meeting as well as a schedule of committee meetings, if any, to be held prior to the meeting shall be prepared by the Clerk prior to the meeting date.

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

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 558-2020 Official Proceedings – City Council July 17, 2020 The City Record 58

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 558-2020 Official Proceedings – City Council July 17, 2020 The City Record 59

Resolution No. 564-2020

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. 564-2020 Official Proceedings – City Council July 17, 2020 The City Record 60 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 564-2020 Official Proceedings – City Council July 17, 2020 The City Record 61

Resolution No. 565-2020

By Council Member: McCormack

An emergency resolution objecting to the renewal of a C1 and C2 Liquor Permit at Detroit-West 28th Street, Inc.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

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. 2101661 owned by Detroit-West 28th Street, Inc., 2716 Detroit Avenue, 1st floor, Cleveland, Ohio 44113, 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. 565-2020 Official Proceedings – City Council July 17, 2020 The City Record 62 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 565-2020 Official Proceedings – City Council July 17, 2020 The City Record 63

Resolution No. 566-2020

By Council Member: J. Jones

An emergency resolution objecting to the renewal of a D1, D2, D3 and D3A Liquor Permit at 4209 East 131st Street.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

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 D1, D2, D3 and D3A Liquor Permit, Permit No. 0029317 owned by About Last Night, DBA About Last Night Lounge, 4209 East 131st 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. 566-2020 Official Proceedings – City Council July 17, 2020 The City Record 64 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 566-2020 Official Proceedings – City Council July 17, 2020 The City Record 65

Resolution No. 567-2020

By Council Member: Kelley

An emergency resolution objecting to the renewal of a D5 Liquor Permit at 4488 State Road.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

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. 6520440-0055 owned by Ohio Restaurant Investment Corp., DBA The Statement Bar & Grill, 4488 State Road, 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.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 567-2020 Official Proceedings – City Council July 17, 2020 The City Record 66 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 567-2020 Official Proceedings – City Council July 17, 2020 The City Record 67

Resolution No. 568-2020

By Council Member: Brancatelli

An emergency resolution objecting to the renewal of a C2 and C2X Liquor Permit at 4901 Fleet Avenue.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

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 and C2X Liquor Permit, Permit No. 5903433 owned by Michael Miyako Boyer, LLC, DBA 7 Eleven Store #36746A, 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. 568-2020 Official Proceedings – City Council July 17, 2020 The City Record 68 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 568-2020 Official Proceedings – City Council July 17, 2020 The City Record 69

Resolution No. 569-2020

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

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 Sheila’s 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. 569-2020 Official Proceedings – City Council July 17, 2020 The City Record 70 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 569-2020 Official Proceedings – City Council July 17, 2020 The City Record 71

Resolution No. 570-2020

By Council Member: Brancatelli

An emergency resolution objecting to the renewal of a C2 and C2X Liquor Permit at 7025 Fleet Avenue.

WHEREAS, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and

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 and C2X Liquor Permit, Permit No. 2772869 owned by Fleet Gas Station Inc., DBA Fleet Gas Station, 7025 Fleet Avenue, 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. 570-2020 Official Proceedings – City Council July 17, 2020 The City Record 72 by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Griffin to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 570-2020 Official Proceedings – City Council July 17, 2020 The City Record 73

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 July 15, 2020, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 475-2020 Ord. No. 532-2020

Ord. No. 510-2020 Ord. No. 546-2020

Ord. No. 513-2020 Ord. No. 556-2020

Ord. No. 514-2020

Second Reading Emergency Ordinances Passed Official Proceedings – City Council July 17, 2020 The City Record 74

Ordinance No. 475-2020

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

An emergency ordinance authorizing the purchase by one or more requirement contracts of labor and materials necessary to remove rubber and any other contaminants from paved surfaces, for the various divisions of the Department of Port Control, for a period of two years, with two one- year options to renew, the first of which requires additional legislative authority.

Approved by the Directors of Finance; and Law; Passage recommended by the Committees on Transportation; and Finance.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 475-2020 Official Proceedings – City Council July 17, 2020 The City Record 75

Ordinance No. 510-2020

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

An emergency ordinance authorizing the Director of Port Control to exercise the second option to renew Contract No. PS 2018-188 with ARINC, Inc. to provide maintenance, operation and management services for City- owned common use facilities at Cleveland Hopkins International Airport.

Approved by the Directors of Port Control; Finance; and Law; Passage recommended by the Committees on Transportation; and Finance.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 510-2020 Official Proceedings – City Council July 17, 2020 The City Record 76

Ordinance No. 513-2020

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

An emergency ordinance authorizing the Director of Port Control to employ one or more professional consultants to develop a Master Plan Update for Burke Lakefront Airport.

Approved by the Directors of Port Control; Finance; and Law; Passage recommended by the Committees on Transportation; and Finance.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 513-2020 Official Proceedings – City Council July 17, 2020 The City Record 77

Ordinance No. 514-2020

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

An emergency ordinance authorizing the purchase by one or more requirement contracts of asphalt for runways, taxiways, ramps, and roadways, including labor and materials for repair and installation, if necessary, for the various divisions of the Department of Port Control, for a period of two years, with two one-year options to renew, the first of which is exercisable through additional legislative authority.

Approved by the Directors of Port Control; Finance; and Law; Passage recommended by the Committees on Transportation; and Finance.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 514-2020 Official Proceedings – City Council July 17, 2020 The City Record 78

Ordinance No. 532-2020

By Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director Finance to enter into an amendment to Contract No. CT 1501 PS 2017-217 with Comp Management, LLC to provide additional third-party workers compensation administrator services for a four-month period.

Approved by the Directors of Finance; and Law; Passage recommended by the Committee on Finance.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 532-2020 Official Proceedings – City Council July 17, 2020 The City Record 79

Ordinance No. 546-2020

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

An emergency ordinance authorizing the Directors of Finance and Economic Development to transfer $3,000,000 from the General Fund for the purpose of making economic development loan and grant agreements and forgivable and non-forgivable loans.

Approved by the Directors of Economic Development; Finance; and Law; Passage recommended by the Committees on Development, Planning and Sustainability; and Finance.

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 15. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 0.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Polensek, Slife and Zone.

Voting Nay: None.

Absent: McCormack and Santana.

Second Reading Emergency Ordinances Passed Ord. No. 546-2020 Official Proceedings – City Council July 17, 2020 The City Record 80

Ordinance No. 556-2020

By Mayor Jackson and Council Members: Griffin, Zone and Kelley

Motion by Council Member Griffin to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Mooney.

The rules were suspended. Yeas 14. Nays 1.

Read second time.

Read third time in full.

Passed. Yeas 14. Nays 1.

Voting Yea: Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, Mooney, Slife and Zone.

Voting Nay: Polensek.

Absent: McCormack and Santana.

Passed July 15, 2020.

Effective July 15, 2020.

Second Reading Emergency Ordinances Passed Ord. No. 556-2020 Official Proceedings – City Council July 17, 2020 The City Record 81

Official Proceedings Adjournment City Council

Cleveland, Ohio Wednesday, July 15, 2020

MOTION

On the motion of Council Member Griffin, the absence of Council Members McCormack and Santana is hereby authorized. Seconded by Council Member Mooney.

MOTION

The Council Meeting adjourned at 2:38 p.m. to meet at the Call of the Chair in a Virtual Meeting. The next regular meeting of Council will be on Wednesday, July 29, 2020, and will be immediately following a Committee of the Whole meeting, which will start at 10:00 a.m.

Patricia J. Britt City Clerk, Clerk of Council

Adjournment Official Proceedings – City Council July 17, 2020 The City Record 82

Council Committee Meetings

Wednesday, July 15, 2020 10:00 a.m.

Committee of the Whole Present: Kelley, Chair; Bishop, Brancatelli, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Mooney, Polensek, Slife, Zone Authorized Absence: McCormack, Santana

Council Committee Meetings July 17, 2020 The City Record 83

Board of Control

Wednesday, July 15, 2020

The meeting of the Board of Control convened in the Mayor's office on Wednesday, July 15, 2020, at 10:46 a.m. with Acting Director Curtis presiding.

Members Present: Acting Director Curtis, Directors Dumas, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, McNamara, Donald

Absent: Mayor Jackson, Directors Gordon, Ebersole

Others Present: None

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

There being no further business, the meeting was adjourned at 10:50 a.m.

Stephanie Melnyk Acting Secretary – Board of Control

Board of Control From Wednesday, July 15, 2020 July 17, 2020 The City Record 84

Resolution No. 255-20 Adopted 7/15/20 By Director Spronz

WHEREAS, under the authority of Ordinance No. 637-19, passed by the Council of the City of Cleveland on July 24, 2019, and Resolution No. 387-19, adopted by this Board of Control on August 14, 2019, the City, through its Director of Capital Projects, entered into City Contract No. PS2019-271 with HWH Architects, Engineers, Planners, Inc., for the purpose of supplementing the regularly employed staff of the several departments of the City in order to provide professional services necessary to design various public improvement projects in the City of Cleveland; and

WHEREAS, Ordinance No. 538-2020, passed by the Cleveland City Council on July 1, 2020, made certain additional funding available for the above-mentioned professional services; and

WHEREAS, the City requires additional professional services under Contract No. PS2019-271 for the Restart Cleveland Project in the amount of $25,000.00; and

WHEREAS, HWH Architects, Engineers, Planners, Inc. has proposed by its June 10, 2020, letter to perform the above-mentioned additional services; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that, the City, through its Director of Capital Projects, is authorized to enter into a first modification to Contract No. PS2019-271 with HWH Architects, Engineers, Planners, Inc. for the above-described additional professional services, for an additional amount not to exceed $25,000.00, thereby increasing the total compensation under the contract to $125,000.00.

BE IT FURTHER RESOLVED that the employment of the following sub-consultant for the services to be performed under the above-authorized first modification is approved:

Somat Engineering of Ohio, Inc. CSB $12,730.00 50.9%

Yeas: Acting Director Curtis, Directors Dumas, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Directors Gordon, Ebersole

Board of Control From Wednesday, July 15, 2020 July 17, 2020 The City Record 85

Resolution No. 256-20 Adopted 7/15/20 By Director Howard

WHEREAS, under the authority of Ordinance No. 645-15, passed by the Cleveland City Council on June 8, 2015, the City of Cleveland, through the Director of Public Safety, entered into an agreement with Emergency Communications Network, LLC, for a period of one year, for the purchase of licenses to provide web-based mass-notification service for residents, employees, visitors, and emergency response personnel of the City of Cleveland and Cuyahoga County, for the Office of Emergency Management, Department of Public Safety; and

WHEREAS, under the authority of Section 181.102, Codified Ordinances of Cleveland, Ohio, 1976, the City, through the Director of Public Safety, entered into City Contract No. PO-6001-D2018-0316 with Emergency Communications Network, LLC to obtain the licenses necessary to maintain the web-based notification system for the 12-month period ending June 25, 2019, for compensation fixed by Resolution No. 291-18, adopted by this Board on August 1, 2018; and

WHEREAS, by its June 6, 2017, letter, Emergency Communications Network, LLC notified the City of the change of its name to On Solve, LLC, effective June 6, 2017; and

WHEREAS, division (c) of Section 181.102 C.O. authorizes a director to execute one (1) or more license agreements for software needed to implement or maintain the system directly with the firm or firms licensing the software; and

WHEREAS, under the authority of Section 181.102 C.O., the City intends to enter into an agreement with OnSolve, LLC to obtain the software licenses necessary to maintain the aforementioned web-based mass-notification system for a period of one year starting June 26, 2020; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland that under division ( e) of Section 181.102 C. 0., the compensation to be paid for licenses to be provided under the agreement with OnSolve, LLC is fixed at an amount not to exceed $99,000.00.

Yeas: Acting Director Curtis, Directors Dumas, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Directors Gordon, Ebersole

Board of Control From Wednesday, July 15, 2020 July 17, 2020 The City Record 86

Resolution No. 257-20 Adopted 7/15/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel Nos. 106-08- 024, 106-08-025, 106-08-026, 106-08-027, and 106-08-028 located on East 65th Street; and

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

WHEREAS, Frontline Development Group, LLC has proposed to the City to purchase and develop the parcels for single family residential development; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 7 has approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

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

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested to execute an Official Deed for and on behalf of the City of Cleveland with Frontline Development Group, LLC for the sale and development of Permanent Parcel Nos. 106-08-024, 106- 08-025, 106-08-026, 106-08-027, and 106-08-028, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

BE IT FURTHER RESOLVED THAT the consideration for the sale of the parcels shall be $200.00 each, which amount is determined to be not less than the fair market value of the parcels for uses according to the Program.

Yeas: Acting Director Curtis, Directors Dumas, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, McNamara, Donald

Nays: None

Board of Control From Wednesday, July 15, 2020 July 17, 2020 The City Record 87

Absent: Mayor Jackson, Directors Gordon, Ebersole

Board of Control From Wednesday, July 15, 2020 July 17, 2020 The City Record 88

Schedule of the Board of Zoning Appeals

Monday, July 20, 2020

Under the conditions specified by law, the Board of Zoning Appeals will be conducting virtual meetings in a limited capacity using the Webex Platform. This will include limited agenda items to initiate the process to ensure we can appropriately evaluate the process.

The Board of Zoning Appeals will also be live streamed on YouTube. The links for the live streams will be available before the meeting on our website at: http://www.clevelandohio.gov/CityofCleveland/Home/Government/CityAg encies/CityPlanningCommission/ZoningAppeals

In order to keep the Webex session to a manageable size, we are asking individuals that wish to participate in the meeting to contact the City Planning office by phone or email. 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].

9:30 Calendar No. 20-045: 4700 Lorain Avenue Ward 3 – Kerry McCormick 22 Notices Seamus O. Inc. and Don Hangauer, owners, propose to establish use as an event center on a parcel that is split zoned Two-Family Residential and Local Retail Business and is also located in the Pedestrian Retail Overlay District. The owners appeal for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2)(L) of Section 343.11, which states that an assembly hall is first permitted in the General Retail Business District; proposed location is in the Local Retail Business/PRO District.

2. Division (e)(2)(C) of Section 343.23, which states that a conditional/institutional use of an assembly space must be approved by the City Planning Commission.

3. Division (h) of Section 343.23, which states that for any nonresidential building or storefront facing a Pedestrian Retail Street Frontage, not less than sixty percent (60%) of the front façade between two-and-one-half (2-1/2) and seven- and-one-half (7-1/2) feet in height shall be composed of transparent windows or doors. In addition, not more than twenty-five percent (25%) of such window or door area on a building or storefront shall be covered with permanent signs.

Schedule of the Board of Zoning Appeals For Monday, July 20, 2020 July 17, 2020 The City Record 89

4. Division (e) of Section 349.04, which states that a total of 5,900 square feet of off-street parking is required.

5. Section 352.10, which states that a six (6) feet wide landscape frontage strip is required where there are more than 10 off-street parking spaces.

6. Section 358, which states that fences in actual side yards shall be ornamental, shall not exceed four feet in height and shall be at least 50% open; fence is in Local Retail Business and Two-Family split district. (Filed March 13, 2020)

9:30 Calendar No. 20-047: 3135 East 116th Street Ward 4 – Kenneth L. Johnson 17 Notices Ariana Jones, tenant, and Jehovah Congregation, owner, propose to establish a childcare facility in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 337.03, which states that a daycare is permitted in a Two-Family District (by reference, per division (f)(3)(C) of Section 337.02), if said daycare use is located less than 30 feet from a residential district and is subject to Board of Zoning Appeals approval. (Filed February 26, 2020)

9:30 Calendar No. 20-050: 3586 East 140th Street Ward 2 – Kevin L. Bishop 19 Notices Sharon Love, owner, proposes to use existing single-family residence for maximum of five people Residential Care Facility in a B1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Per division (b) of Section 337.03 and division (h) of Section 337.02, a residential facility, as defined in Chapter 325 of this Zoning Code, for one (1) to five (5) unrelated persons, is permitted provided it is located not less than one thousand (1,000) feet from another residential facility. Residential facilities shall comply with area, height, yard and architectural compatibility requirements of this Zoning Code applicable to residences in One-Family Districts. (Filed March 6, 2020)

Schedule of the Board of Zoning Appeals For Monday, July 20, 2020 July 17, 2020 The City Record 90

9:30 Calendar No. 20-053: 1356 West 65th Street Ward 15 – Matt Zone 10 Notices Liz Martin, owner, proposes to erect new 10-foot by 20-foot three-inch, two-story frame room addition and eight-foot by 20-foot three-inch second floor wooden open deck, fence and parking space. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (b) of Section 357.09, which states that the minimum required interior side yard is three feet; proposing one foot for deck and room addition.

2. Division (b) of Section 358.04, which states that a fence running parallel to and adjacent to building on the same property shall be located no close than three feet to the closest wall of such building; Proposing one foot of six-foot-high wooden fence for 10 lineal feet.

3. Division (a) of Section 337.23, which states that accessory off-street parking space shall be located on rear of half lot.

4. Division (a) of Section 349.05, which states that all parking spaces shall be located behind the building setback line. No parking space shall be located within 10 feet of any wall with ground floor windows designed for light and ventilation. (Filed March 9, 2020)

9:30 Calendar No. 20-054: 7715 Decker Avenue Ward 7 – Basheer Jones 12 Notices Tijuan Dow, owner, proposes to use existing residence for maximum of five people residential care facility in a B1 Two-Family Residential District. The owner appeals for relief from the strict application from the following section of the Cleveland Codified Ordinances:

1. Division (b) of Section 337.03, which states that per division (h) of Section 337.02, a residential facility, as defined in Chapter 325 of this Zoning Code, for one (1) to five (5) unrelated persons, provided it is located not less than one thousand (1,000) feet from another residential facility. Residential facilities shall comply with area, height, yard and architectural compatibility requirements of this Zoning Code applicable to residences in One-Family Districts. (Filed March 9, 2020)

Schedule of the Board of Zoning Appeals For Monday, July 20, 2020 July 17, 2020 The City Record 91

9:30 Calendar No. 20-069: 1032 Hartley Road Ward 10 – Anthony T. Hairston 10 Notices MCM Warehouse, owner, proposes to install an electronic message center wall sign on a parcel located in a B3 Local Retail Business District. The owner appeals for relief from the strict application from the following section of the Cleveland Codified Ordinances:

1. Division (h) of Section 350.14, which states that automatic changeable copy signs shall be permitted in a Local Retail Business District only if the Board of Zoning Appeals grants a variance. (Filed March 4th, 2020)

Schedule of the Board of Zoning Appeals For Monday, July 20, 2020 July 17, 2020 The City Record 92

Schedule of the Board of Zoning Appeals

Monday, July 27, 2020

9:30 Calendar No. 20-055: 2102 West 34th Place Ward 3 – Kerry McCormack 8 Notices Elmhurst Homes LLC, owner, proposes to erect a three-story, 1,750-square-foot, single- family residence with attached garage on a 2,496-square-foot City of Cleveland Land Bank 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. Section 355.04, which states that minimum lot area of 4,800 square feet is required, and 2,496 square feet are proposed. This section also states that the maximum gross floor area in a “B” area district shall not exceed ½ the lot area or in this case 1,248 square feet, and 1,750 square feet are proposed.

2. Section 357.08, which states that the depth of required rear yard shall be not less than the height of the main building or in this case 31 feet 4 inches, where the appellant is proposing 18 feet.

3. Division (b) of Section 341.02, which states that City Planning approval is required prior to the issuance of a building permit. (Filed March 10, 2020)

Schedule of the Board of Zoning Appeals For Monday, July 27, 2020 July 17, 2020 The City Record 93

9:30 Calendar No. 20-056: 2927 East 115th Street Ward 4 – Kenneth Johnson 16 Notices Porsche Dunn, owner, proposes to establish use as state-licensed Residential Facility in a B1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Section 325.571, which states that “Residential Facility” means a publicly operated home or facility, licensed pursuant to state law, that provides accommodations, supervision, and personal care service to any of the following: (a) one (1) or two (2) unelated persons with mental illness;(b) one (1) or two (2) unrelated adults who are receiving residential state supplement payments as defined in the Ohio Revised Code; or (c) three (3) to sixteen (16) unrelated adults.

2. Division (h) of Section 337.02 and Section 337.03, which state that a residential facility, as defined in Chapter 325 of this Zoning Code, for one (1) to five (5) unrelated persons, is permitted provided it is located not less than one thousand (1,000) feet from another residential facility. Proposed use is within 1,000 feet of two existing Residential Facilities: the Ecar House Adult Group Home at 11607 Honeydale Avenue, and the Delitha Sparks Adult Home at 11301 Parkview Avenue. (Filed March 11, 2020)

9:30 Calendar No. 20-057: 4211 Lorain Avenue Ward 3 – Kerry McCormack 7 Notices 4211 Lorain LLC, owner, proposes to install approximately 25 feet of six-foot, eight- inch-high ornamental fence with a gate in a D3 Local Retail Business Zoning District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (a)(2) of Section 358.05, which states that a fence in the actual front yard and actual side street yard in Non-Residential District shall not exceed four feet in height, shall be at least 50% open. (Filed March 12, 2020)

Schedule of the Board of Zoning Appeals For Monday, July 27, 2020 July 17, 2020 The City Record 94

9:30 Calendar No. 20-058: 3011 Barber Avenue Ward 3 – Kerry McCormack 8 Notices Vince Gonzolis, owner, proposes to erect a 20-foot by 24-foot, one-story frame detached gable garage with existing apron and driveway in a D1 Two-Family Residential District. The owner appeals for relief from the strict application from the following section of the Cleveland Codified Ordinances:

1. Division (A)(1) of Section 337.23, which states that Detached Garages are permitted provided they are located in the rear half of the lot. Rear half of Lot is at 74.47 feet, and the appellant is proposing 73 feet. (Filed March 13, 2020)

9:30 Calendar No. 20-102: 1825 West 57th Street Ward 15 – Matt Zone 12 Notices Stephen and Carolyn Warner, owners, propose to construct a single-family residence and an attached garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 355.04, which states that the maximum gross floor area for a dwelling in a 'B" area district shall not exceed half of the lot area. In this case, the maximum gross floor area shall not exceed 2,294 square feet, and the total proposed floor area is 2,550 square feet.

2. Division (b) of Section 358.04, which states that a fence running parallel to a building on same lot shall not be less than three feet from the wall of said building. (Filed July 10, 2020)

Schedule of the Board of Zoning Appeals For Monday, July 27, 2020 July 17, 2020 The City Record 95

Postponed from June 29, 2020

9:30 Calendar No. 20-035: 3660 Bosworth Road Ward 11 – Brian Mooney 17 Notices Albar Perez, owner, proposes to establish Recovery Housing for five residents 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)(3) of Section 340.01, which states that "Recovery Housing" means housing for individuals recovering from alcoholism or drug addiction that provides an alcohol and drug-free living environment, peer support, assistance with obtaining alcohol and drug addiction services, and other alcoholism and drug recovery assistance.

2. Division (g)(3)(D) of Section 337.02, which states that Homes "primarily for the care of drug or liquor patients" are specifically not permitted in One- or Two- Family Districts. (Filed February 5, 2020 – Testimony taken) SECOND POSTPONEMENT MADE AT THE REQUEST OF THE COUNCILMAN TO ALLOW TIME FOR THE APPELLANT TO MEET WITH THE COMMUNITY. FIRST POSTPONEMENT MADE AT THE REQUEST OF THE BOARD TO ALLOW TIME FOR THE APPELLANT TO SPEAK WITH THE CITY PLANNER, THE DEVELOPMENT CORPORATION AND THE COUNCILMAN.

Schedule of the Board of Zoning Appeals For Monday, July 27, 2020 July 17, 2020 The City Record 96

Postponed from July 6, 2020

9:30 Calendar No. 19-278: 16802 Puritas Avenue Ward 17 – Charles Slife 14 Notices Tony Posanle, owner, proposes to erect 118 lineal feet of six-foot-high wooden shadowbox fence and 20 lineal feet of six-foot-high chainlink gates. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (a) of Section 358.03, which states that a fence running parallel to a driveway 15 feet from property line shall not exceed (2-1/2 feet) in height and shall be at least 75% percent open; Remainder of fence Yard must be at least 50 percent open. (28 feet long)

2. Division (a) of Section 358.04, which states that a fence in sidestreet yards shall not exceed four feet in height and shall be at least 50 percent open.

3. Division (a) of Section 358.04, which states that no fence shall be higher than its distance from residence building on adjacent lot. Four feet are required; six feet are requested. (20 feet long)

4. Division (c)(1) of Section 358.04, which states that Board of Zoning Appeals approval is required for chainlink fence Sidestreet Yards. (Filed October 30, 2019) THE THIRD POSTPONEMENT WAS MADE AT THE REQUEST OF THE BOARD TO ALLOW TIME FOR THE APPELLANT TO SPEAK WITH THE NEIGHBOR REGARDING THE FENCE BEING WITHIN FOUR FEET OF HIS OR HER HOUSE AND TO REVISE THE SITE PLAN TO SHOW THE PORTIONS OF THE FENCE THAT WILL BE REDUCED IN HEIGHT. THE APPELLANT MISSED THE FEBRUARY 24 MEETING DUE TO A FAMILY EMERGENCY. THE SECOND POSTPONEMENT WAS MADE AT THE REQUEST OF THE BOARD TO ALLOW TIME FOR THE APPELLANT TO MEET WITH CITY PLANNING COMMISSION TO WORK ON THE SIGHT-LINE ISSUES. FIRST POSTPONEMENT MADE AT THE REQUEST OF THE APPELLANT DUE TO A SCHEDULING CONFLICT.

Schedule of the Board of Zoning Appeals For Monday, July 27, 2020 July 17, 2020 The City Record 97

Postponed from March 2, 2020

9:30 Calendar No.19-301: Appeal of Hug-John/dba Midway Parking Inc. from decision of Commissioner of Licenses and Assessments regarding Notice of Deficiency Hug-John Inc./dba Midway Parking Inc. appeals under the authority of Section 76-6 of the Charter of the City of Cleveland and division (d) of Section 329.02 and division (b)(1) of Section 196.71 of the Cleveland Codified Ordinances to dispute the November 4, 2019, decision of the Commissioner of Assessments and Licenses to affirm a Notice of Deficiency that was issued on August 23, 2019. (Filed November 25, 2019 – No Testimony) SECOND POSTPONEMENT MADE AT THE REQUEST OF THE APPELLANT DUE TO A PERSONAL MEDICAL ISSUE. FIRST POSTPONEMENT MADE AT THE REQUEST OF THE APPELLANT'S ATTORNEY DUE TO A SCHEDULING CONFLICT.

Schedule of the Board of Zoning Appeals For Monday, July 27, 2020 July 17, 2020 The City Record 98

Report of the Board of Zoning Appeals

Monday, July 13, 2020

At the meeting of the Board of Zoning Appeals on Monday, July 13, 2020, the following appeals were scheduled for hearing before the Board and;

The following appeals were APPROVED:

Calendar No. 20-042: 3325 Warren Road Matthew Ditlevson, owner, proposes to construct a new two-story garage with single- family residence above, on a 6,500 square-foot-lot in a B1 Two-Family Residential District.

Calendar No. 19-277: 3869 East 71st Street (Pending revised drawings) Mel's Automotive Sales LLC, owner, proposes to establish the use as "minor car repair garage" in a C1 Multi-Family Residential District.

Calendar No. 20-028: 4014 East 123rd Street Joseph Nimmer, owner, proposes to establish use as a state-licensed Residential Facility for maximum five residents in a B1 Two-Family Residential District.

The following appeals were DENIED: None

The following appeals were WITHDRAWN:

Calendar No. 20-030: 573 East 117th Street MEGA City LLC, owner, proposes to change the use from a four-dwelling-unit apartment to an eight-dwelling-unit apartment in a C3 Multi-Family Residential Zoning District.

The following appeals were DISMISSED: None

The following cases were REINSTATED: None

The following cases were POSTPONED:

Calendar No. 20-072: ABA Enterprise Connect LLC. 5909 Cable Avenue. Postponed to August 10, 2020.

Report of the Board of Zoning Appeals From Monday, July 13, 2020 July 17, 2020 The City Record 99

The following cases were heard by the Board of Zoning Appeals on Monday, July 6, 2020, and the decisions were adopted and approved on Monday, July 13, 2020:

The following appeals were APPROVED:

Calendar No. 20-048: 1927 West 65th Street Phuong Lein, owner, propose to erect a 25-foot by 59.67-foot, two-story frame, single- family residence with attached garage.

Calendar No. 20-049: 1352 West 67th Street B.R. Knez Construction, owner, propose to erect a 20-foot by 20-foot, one-story frame detached garage.

Calendar No. 20-073: 2916 Minnie Avenue (Granted with Conditions) Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-074: 2917 Minnie Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-075: 2921 Minnie Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-076: 2925 Minnie Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-077: 2929 Minnie Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-079: 6911 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-080: 6913 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-081: 6917 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Report of the Board of Zoning Appeals From Monday, July 13, 2020 July 17, 2020 The City Record 100

Calendar No. 20-082: 6921 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-083: 6925 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-084: 6927 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-085: 6929 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-086: 6935 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-087: 7114 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-088: 7118 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-089: 7204 Colfax Avenue (Granted with conditions) Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-090: 7318 Colfax Avenue (Granted with conditions) Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-091: 7736 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-092: 7802 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-093: 7804 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Report of the Board of Zoning Appeals From Monday, July 13, 2020 July 17, 2020 The City Record 101

Calendar No. 20-094: 7806 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-095: 7808 Colfax Avenue Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

Calendar No. 20-096: 7809 Colfax Avenue (Granted with conditions) Colfax Family Homes LP., owner, proposes to erect a single-family residence and garage in a B1 Two-Family Residential District.

The following appeals were DENIED:

Calendar No. 20-038: 3902 Bader Avenue Heather Downing, owner, proposes to install 25-f00t by 20-f00t gravel access way area to garage.

Report of the Board of Zoning Appeals From Monday, July 13, 2020 July 17, 2020 The City Record 102

Agenda of the Board of Building Standards and Building Appeals

Wednesday, July 22, 2020

Board Of Building Standards and Building Appeals Cleveland City Hall Room 514 216-664-2418

Download the Webex Desktop App or the mobile App from the Webex website at https://www.webex.com/downloads.html/

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Email [email protected] to receive the calendar invite (This invite is for testament/witness purposes only).

Public Hearings will be streamed live on the following formats:

TV 20: http://www.tv20cleveland.com/watch-now/

YouTube: https://www.youtube.com/channel/UCex1RYSD6x-6ViP_-n2xpGg

NOTE: This is a tentative Agenda and may vary both in scope and order of presentation as time permits and circumstances warrant.

HOUSING: PUBLIC HEARING: 9:30 a.m.

Docket A-358-19 6015 Quimby Avenue WARD: 7 (Basheer S. Jones)

Crystal Adams-Jones, owner of the One Dwelling Unit; Single-Family Residence; One-Story Frame Property, appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated November 22, 2019; appellant is requesting for time to fix the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, July 22, 2020 July 17, 2020 The City Record 103

Docket A-359-19 9615 Sophia Avenue WARD: 4 (Kenneth L. Johnson)

Stanley Abston, owner of the Two Dwelling Units; Two-Family Residence; Two-and- Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – LEAD VIOLATION, dated November 11, 2019; appellant is requested until January 11, 2020, to complete abatement of the violations.

Docket A-360-19 1494 East 108th Street WARD: 9 (Kevin Conwell)

Steven & Lucy Miller, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – LEAD VIOLATION, dated June 24, 2019; appellant is requesting for additional time to correct the lead violations.

Docket A-361-19 3429 East 119th Street WARD: 4 (Kenneth L. Johnson)

Gary Blakely Jr., owner of the One Dwelling Unit; Single-Family Residence; Two- Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 3, 2019; appellant is requesting for time to fix the violations.

Docket A-362-19 11230 Revere Avenue WARD: 2 (Kevin L. Bishop)

Margaret P. Gregory, owner of the One Dwelling Unit; Single-Family Residence; One-and-Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated November 15, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-363-19 2850 East 128th Street WARD: 6 (Blaine A. Griffin)

Ample Evo LLC., owner of the Two Dwelling Units; Two-Family Residence; One-and- Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – LEAD VIOLATION, dated November 15, 2019; appellant is requested until January 2020 to complete abatement of the violations.

Docket A-364-19 2778 East 126th Street WARD: 6 (Blaine A. Griffin)

HYAKUNEN CONSULTING, INC., owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – LEAD VIOLATION, dated November 15, 2019; appellant is requested until January 2020 to complete abatement of the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, July 22, 2020 July 17, 2020 The City Record 104

Approval of Resolutions

Docket/s:

A-377-19 Hatz Two LLC A-378-19 Hatz Four LLC A-379-19 Real Green MGMT A-380-19 Hatz One LLC A-381-19 Hatz Two LLC A-384-19 The Foundry Project, LLC A-385-19 Halmarine Inc. A-65-20 Judson Inc.

Approval of Minutes

July 8, 2020

Agenda of the Board of Building Standards and Building Appeals For Wednesday, July 22, 2020 July 17, 2020 The City Record 105

MEMO

To: Tom Vanover, Commissioner/CBO

From: Carmella Davis, Executive Secretary Board of Building Standards and Building Appeals

Date: July 22, 2020

Subject: Request for presence at Webex board hearing

The Board of Building Standards and Building Appeals request the presence of a representative for a Public Hearing on the following Docket/s from the Department of Building and Housing, and the presence of a representative from the Division of Fire on Wednesday, July 22, 2020 at approximately 9:30 a.m.

DOCKET NO. ADDRESS INSPECTOR/S

BUILDING:

A-358-19 6015 Quimby Avenue D.Despiau A-359-19 9615 Sophia Avenue A. Cvitic A-360-19 1494 East 108th Street R. Derrett A-361-19 3429 East 119th Street D. Turic A-362-19 11230 Revere Avenue R. Derrett A-363-19 2850 East 128th Street D. Turic A-364-19 2778 East 126th Street D. Turic

Agenda of the Board of Building Standards and Building Appeals For Wednesday, July 22, 2020 July 17, 2020 The City Record 106

Report of the Board of Building Standards and Building Appeals

Wednesday, July 8, 2020

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-377-19 – RE: Appeal of Hatz Two LLC, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Three-Story Masonry Walls/Wood Floors Property, located on the premises known as 2636 North Moreland Boulevard, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 11, 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 order at this time to DENY the request for additional time and to REMAND the property; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motion so in order. Motioned by Gallagher and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-378-19 – RE: Appeal of Hatz Four LLC, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Two-and-Half-Story Frame property, located on the premises known as 2805 Ludlow Road, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 24, 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).

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Report of the Board of Building Standards and Building Appeals From Wednesday, July 8, 2020 July 17, 2020 The City Record 107

Docket A-379-19 – RE: Appeal of Real Green MGMT, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Three-Story Masonry Walls/Wood Floors Property, located on the premises known as 2870 South Moreland Boulevard, appeals from a NOTICE OF VIOLATION – ELEVATOR, dated December 19, 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).

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-380-19 – RE: Appeal of Hatz One LLC, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Three-Story Masonry Walls/Wood Property, located on the premises known as 2630 North Moreland Boulevard, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 16, 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).

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Report of the Board of Building Standards and Building Appeals From Wednesday, July 8, 2020 July 17, 2020 The City Record 108

Docket A-381-19 – RE: Appeal of Hatz Two LLC, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Three-Story Masonry Walls/Wood Property, located on the premises known as 2635 North Moreland Boulevard, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 17, 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).

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-384-19 – RE: Appeal The Foundry Project, LLC, owner of the F-2 Factory – Low-Hazard (Non-Combustible); One-Story Metal Frame Property, located on the premises known as 2441 East 71st Street, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated November 20, 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 order at this time to DENY the Appellant request for additional time and to REMAND the property, noting that the violation notices were properly issued and there has been a general agreement that the City and the Appellant will work together at a mutually agreeable process; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Maschke 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 8, 2020 July 17, 2020 The City Record 109

Docket A-385-19 – RE: Appeal of Halmarine Inc., owner of the S-1 Storage – Moderate Hazard (Combustibles); One-Story Masonry Property, located on the premises known as 9021 Bessemer Avenue, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated December 3, 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 order at this time to DENY the Appellant request for additional time, noting the violations notices were properly issued and to REMAND 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 Gallagher and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-400-19 – RE: Patricia Gomes, trustee, owner of the R-2 Residential – Non-Transient Apartments (Shared Egress); Two-Story Masonry Property, located on the premises known as 15222 Macauley Avenue, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 16, 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 order at this time to GRANT the Appellant until October 1, 2020, 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 Gallagher and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-65-19 – RE: Appeal of Judson Inc., 0wner, appeals from an ADJUDICATION ORDER B19031121-1 of OBC NEC 406.12: Tamperproof receptacles for outlets in living spaces, located on the premises known as 1809 East 107th Street, dated March 16, 2020, 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 order at this time to GRANT the Appellant request for the variance to the receptacles on the TENTH (10th) floor; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Gallagher 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 8, 2020 July 17, 2020 The City Record 110

Approval of Resolutions

Separate motions were entered by Bradley and seconded by Maschke 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):

Dockets:

A-297-19 Muhammed Riaz A-357-19 Cheryl Hammons A-365-19 Brenda Elner A-366-19 Brenda Elner A-367-19 Brenda Elner A-369-19 Hatz Two LLC A-370-19 Hatz One LLC A-371-19 Hatz One LLC A-375-19 Kenneth & Pindouli N. Crites

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):

June 24, 2020

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 8, 2020 July 17, 2020 The City Record 111

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. 52-20 File No. 55-20

File No. 53-20 File No. 56-20

File No. 54-20 File No. 57-20

City of Cleveland Bids July 17, 2020 The City Record 112

BID OPENS – WEDNESDAY, AUGUST 5, 2020

File No. 52-20: Wire Cable and Accessories FOR THE DIVISION OF CLEVELAND PUBLIC POWER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1630-92 SECTION NO. 129.26, PASSED BY COUNCIL SEPTEMBER 21, 1992.

There will be a NON-MANDATORY Pre-Bid Meeting, Friday, July 17, 2020, at 10:30 a.m. via Webex. To call into the meeting, dial 1-415-656-0003. The access code is 160 882 5094#.

Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 52-20 July 17, 2020 The City Record 113

BID OPENS – WEDNESDAY, AUGUST 5, 2020

File No. 53-20: Rigging Services FOR THE DIVISION OF CLEVELAND PUBLIC POWER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1334-19, PASSED BY COUNCIL NOVEMBER 18, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Monday, July 20, 2020, at 10:30 a.m. via Webex. To call into the meeting, dial 1-415-656-0003. The access code is 160 218 7141#.

City of Cleveland Bids File No. 53-20 July 17, 2020 The City Record 114

BID OPENS – WEDNESDAY, AUGUST 5, 2020

File No. 54-20: Labor and Materials to Repair, Replace and Maintain Pipe- Type Cable FOR THE DIVISION OF CLEVELAND PUBLIC POWER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1364-19, PASSED BY COUNCIL JANUARY 22, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Wednesday, July 22, 2020, at 10:30 a.m. via Webex. To call into the meeting, dial 1-415-656-0003. The access code is 160 312 9450#.

City of Cleveland Bids File No. 54-20 July 17, 2020 The City Record 115

BID OPENS – WEDNESDAY, JULY 15, 2020

File No. 55-20: (Re-Bid) 2020 Restart CLE-Supply and Install Various Furniture FOR THE DIVISION OF ARCHITECTURE AND SITE DEVELOPMENT FOR THE DEPARTMENT OF MAYOR’S OFFICE OF CAPITAL PROJECTS, AS AUTHORIZED BY ORDINANCE 538-20, PASSED BY COUNCIL JULY 1, 2020.

There will be NO Pre-Bid Meeting.

City of Cleveland Bids File No. 55-20 July 17, 2020 The City Record 116

BID OPENS – WEDNESDAY, AUGUST 5, 2020

File No. 56-20: 2020 Citywide Keys, Locks, Safe and Related Hardware Services FOR VARIOUS DIVISIONS FOR THE DEPARTMENT OF FINANCE, AS AUTHORIZED BY ORDINANCE 497-08, SECTION 181.101, PASSED BY COUNCIL JUNE 2, 2008.

There will be NO Pre-Bid Meeting.

City of Cleveland Bids File No. 56-20 July 17, 2020 The City Record 117

BID OPENS – WEDNESDAY, AUGUST 5, 2020

File No. 57-20: Labor and Materials Necessary to Maintain Repair and Replace Substation Equipment FOR THE DIVISION OF CLEVELAND PUBLIC POWER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1333-19, PASSED BY COUNCIL NOVEMBER 18, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Friday, July 24, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 160 266 7218#.

City of Cleveland Bids File No. 57-20 July 17, 2020 The City Record 118

Directory of City Officials City Council

601 Lakeside Avenue Room 220 Cleveland, OH 44114

Phone: 216.664.2840

President of Council – Kevin J. Kelley

City Clerk, Clerk of Council – Patricia J. Britt

Name Ward Joseph T. Jones 1 Kevin L. Bishop 2 Kerry McCormarck 3 Kenneth L. Johnson, Sr. 4 Phyllis E. Cleveland 5 Blaine A. Griffin 6 Basheer S. Jones 7 Michael D. Polensek 8 Kevin Conwell 9 Anthony T. Hairston 10 Brian Mooney 11 Anthony Brancatelli 12 Kevin J. Kelley 13 Jasmin Santana 14 Matt Zone 15 Brian Kazy 16 Charles Slife 17

City Council Directory of City Officials July 17, 2020 The City Record 119

Permanent Schedule – Standing Committees of the Council 2018-2021

MONDAY – Alternating

9:30 A.M. – Health and Human Services Committee: Griffin (CHAIR), McCormack (VICE-CHAIR), Conwell, B. Jones, Hairston, Santana, Zone.

9:30 A.M. – Municipal Services and Properties Committee: Johnson (CHAIR), J. Jones (VICE-CHAIR), Bishop, Brancatelli, Hairston, Kazy, Mooney.

MONDAY

2:00 P.M. – Finance Committee: Kelley (CHAIR), Zone (VICE-CHAIR), Brancatelli, Cleveland, Conwell, Griffin, Kazy, McCormack, Mooney.

TUESDAY

9:30 A.M. – Development, Planning, and Sustainability Committee: Brancatelli (CHAIR), Cleveland (VICE-CHAIR), Griffin, Hairston, B. Jones, Slife, McCormack.

TUESDAY – Alternating

1:30 P.M. – Utilities Committee: Kazy (CHAIR), Bishop (VICE-CHAIR), Hairston, McCormack, Polensek, Santana, Slife.

1:30 P.M. – Workforce and Community Benefits Committee: Bishop (CHAIR), Cleveland (VICE-CHAIR), Griffin, B. Jones, J. Jones, Mooney, Slife.

WEDNESDAY – Alternating

10:00 A.M. – Safety Committee: Zone (CHAIR), Polensek (VICE-CHAIR), Bishop, B. Jones, J. Jones, Kazy, Santana.

10:00 A.M. – Transportation Committee: Cleveland (CHAIR), Slife (VICE-CHAIR), Bishop, Conwell, Johnson, J. Jones, Santana.

The following Committees meet at the Call of the Chair:

Mayor’s Appointments Committee: Kazy (CHAIR), Brancatelli, Cleveland, Kelley, Mooney.

Operations Committee: McCormack (CHAIR), Griffin, J. Jones, Kelley, Zone.

Rules Committee: Kelley (CHAIR), Cleveland, Hairston, Polensek, Slife.

Permanent Schedule — Standing Committees of the Council Directory of City Officials July 17, 2020 The City Record 120

City Departments

City Hall 601 Lakeside Avenue Cleveland, OH 44114

MAYOR – Frank G. Jackson Sharon Dumas, Interim Chief of Staff Darnell Brown, Chief Operating Officer Valarie J. McCall, Chief of Communications, Government & International Affairs Monyka Price, Chief of Education Jason Woods, Chief of Sustainability Natoya J. Walker Minor, Chief of Public Affairs Edward W. Rybka, Chief of Regional Development Tracy Martin-Thompson, Chief of Prevention, Intervention and Opportunity for Youth and Young Adults Sheryl Nechvatal, Executive Assistant to the Mayor Martin Flask, Project Coordinator Jaqueline Sutton, Manager – Mayor’s Action Center (MAC)

AGING – Mary McNamara, Director Victoria Corrigan, Administrative Manager Jennifer Rosich, Administrative Manager Adam Cisler, Administrative Manager Tanesha Hunter, Administrative Manager

BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Joseph F. Denk, Mechanical Engineer and Chairman Howard Bradley, Builder Patrick M. Gallagher, Labor Representative Robert Maschke, Architect

BOARD OF ZONING APPEALS Carol A. Johnson, Chairman Tim Donovan

City Departments Directory of City Officials July 17, 2020 The City Record 121

Myrline Barnes Kelley Britt Alanna Faith

BUILDING AND HOUSING – Ayonna Blue Donald, Director Divisions: Anthony Scott, Assistant Director Navid Hussain, Commissioner, Construction Permitting Richard Riccardi, Assistant Commissioner, Construction Permitting Thomas E. Vanover, Commissioner, Code Enforcement Karen L. Lopez, Administrative Assistant

CITY PLANNING COMMISSION – Freddy L. Collier, Jr., Director Members: David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Charles Slife, Diane Downing, August Fluker. CIVIL SERVICE COMMISSION Michael Spreng, Secretary Lila Abrams-Fitzpatrick, Administrator Munday Workman, Supervisor of Civil Service Records Lisa Meece, Chief Examiner

COMMUNITY DEVELOPMENT – Tania Menesse, Director Divisions: Administrative Service – Joy Anderson, Commissioner Office of Fair Housing and Consumer Affairs – John Mahoney, Manager Neighborhood Development – James Greene, Commissioner Neighborhood Services – Louise Jackson, Commissioner

COMMUNITY RELATIONS BOARD – Grady Stevenson, Jr., Director Members: Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr.,Vice-Chairman; Council Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Santana, Peter Whitt, Ted Wammes.

City Departments Directory of City Officials July 17, 2020 The City Record 122

ECONOMIC DEVELOPMET – David Ebersole, Director

FINANCE – Sharon Dumas, Director Divisions: Accounts – Lonya Moss-Walker, Commissioner Assessments and Licenses – Dedrick Stephens, Commissioner City Treasury – James Hartley, Treasurer Financial Reporting and Control – James Gentile, Controller Information Technology and Services Donald-Anthony Phillips, Chief Information Officer Kimberly Roy Wilson, Commissioner Internal Audit – Natasha Brandt, Manager Printing and Reproduction – Michael Hewett, Commissioner Purchases and Supplies – Tiffany White Johnson, Commissioner Sinking Fund Commission – Betsy Hruby, Manager Taxation – Nassim Lynch, Tax Administrator Treasury – James Hartley, Treasurer

HUMAN RESOURCES – Nycole West, Director

LAW – Barbara Langhenry, Director Gary Singletary, Chief Counsel Ronda Curtis, Chief Corporate Counsel Thomas Kaiser, Chief Trial Counsel Karrie Howard, Chief Assistant Prosecutor Robin Wood, Law Librarian

MAYOR’S OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Divisions: Architecture and Site Development – Carter Edman, Manager Engineering and Construction – Richard J. Switalski, Manager Real Estate – James DeRosa, Commissioner

MAYOR’S OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director

City Departments Directory of City Officials July 17, 2020 The City Record 123

MAYOR’S OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra T. Pierce-Scott, Director

PHOTO LAB – William Rieter, Chief Photographer Ruggero Fatica, Photographer Clare Walters, Chief Clerk

PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Airport Divisions: Cleveland Hopkins International Airport & Burke Lakefront Airport – Khalid Bahhur, Commissioner of Airports Burke Lakefront Airport – Tony Campofredano, Airport Leader

PUBLIC HEALTH – Merle Gordon, Director Divisions: Air Quality – David Hearne, Interim Commissioner Environment – Brian Kimball, Commissioner Health – Persis Sosiak, Commissioner Vital Statistics – Andrea Kacinari, City Registrar

PUBLIC SAFETY – Michael C. McGrath, Director Divisions:

Animal Control Services – Colleen Siedecki, Chief Animal Control Officer Emergency Medical Service – Nicole Carlton, Commissioner Emergency Operations Center – Laura Palinkas, Assistant Director Fire – Angelo Calvillo, Chief Police – Calvin D. Williams, Chief Professional Standards – George Coulter, General Manager of Administrative Services

PUBLIC UTILITIES – Robert L. Davis, Director Divisions: Cleveland Public Power – Commissioner Radio Communications – Brad Handke, Manager

City Departments Directory of City Officials July 17, 2020 The City Record 124

Security – Robert Jarvis, Chief TV 20 – Kathy Allen, General Manager Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Cleveland Water – Alex Margevicius, Commissioner Water Pollution Control – Rachid Zoghaib, Commissioner

PUBLIC WORKS – Michael Cox, Director Offices: Administration – John Laird, Manager Public Auditorium Susie Claytor, Deputy Commissioner, Public Auditorium Samuel Gissentaner, Commissioner, Recreation Esha Hand, Manager of Special Events Felicia Hall, Manager, West Side Market Divisions: Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Park Maintenance and Properties – Richard L. Silva, Commissioner Parking Facilities – Kim Johnson, Interim Commissioner Property Management – Tom Nagle, Commissioner Streets – Randell Scott, Acting Commissioner Traffic Engineering – Robert Mavec, Commissioner Waste Collection and Disposal – Paul Alcantar, Commissioner

WORKFORCE DEVELOPMENT & OHIO MEANS JOBS – CLEVELAND/CUYAHOGA COUNTY – Grace A. Kilbane, Executive Director

City Departments Directory of City Officials July 17, 2020 The City Record 125

Cleveland Municipal Court Justice Center – 1200 Ontario Street

Judge Courtroom Presiding and Administrative Judge Michael D. Earley 14-C Judge Pinkey S. Carr 15-C Judge Marilyn B. Cassidy 13-A Judge Emanuella Groves 14-B Judge Lauren C. Moore 15-A Judge Michael L. Nelson, Sr. 12-A Judge Ann Clare Oakar 14-A Judge W. Mona Scott (Housing Court Judge) 13-B Judge Charles L. Patton, Jr. 13-D Judge Suzan M. Sweeney 12-C Judge Jazmin Torres-Lugo 13-C Judge Shiela Turner McCall 12-B Judge Joseph J. Zone 14-D

Earle B. Turner – Clerk of Courts Russell R. Brown III – Court Administrator Belinda Gest – Housing Court Administrator Robert J. Furda – Chief Bailiff Dean Jenkins – Chief Probation Officer Gregory F. Clifford – Chief Magistrate

Cleveland Municipal Courts Directory of City Officials July 17, 2020 The City Record 126

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 July 17, 2020 The City Record 127

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