The City Record. Official Publication of the Council of the City of Cleveland. April the Ninth, Two Thousand and Fourteen. Frank G.

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1 The City Record Official Publication of the Council of the City of Cleveland April the Ninth, Two Thousand and Fourteen Frank G. Jackson Mayor Kevin J. Kelley President of Council Patricia J. Britt City Clerk, Clerk of Council Ward Name 1 Terrell H. Pruitt 2 Zachary Reed 3 Joe Cimperman 4 Kenneth L. Johnson 5 Phyllis E. Cleveland 6 Mamie J. Mitchell 7 TJ Dow 8 Michael D. Polensek 9 Kevin Conwell 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Martin J. Sweeney 17 Martin J. Keane The City Record is available online at Containing PAGE City Council 3 The Calendar 11 Board of Control 11 Civil Service 13 Board of Zoning Appeals 13 Board of Building Standards and Building Appeals 14 Public Notice 14 Public Hearings 17 Statement of Cash Management and Investment Policy 17 City of Cleveland Bids 19 Adopted Resolutions and Ordinances 20 Committee Meetings 47 Index 47 Printed on Recycled Paper

2 DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE President of Council Kevin J. Kelley Ward Name Residence 1 Terrell H. Pruitt Throckley Avenue Zack Reed East 149th Street Joe Cimperman...P.O. Box Kenneth L. Johnson Hampton Road Phyllis E. Cleveland East 36th Street Mamie J. Mitchell Shaker Boulevard, # TJ Dow Decker Avenue Michael D. Polensek Brian Avenue Kevin Conwell Ashbury Avenue Jeffrey D. Johnson Parkgate Avenue Dona Brady West Boulevard Anthony Brancatelli Ottawa Road Kevin J. Kelley Parkridge Avenue Brian J. Cummins Mapledale Avenue Matthew Zone West 69th Street Martin J. Sweeney West 133rd Street Martin J. Keane Colletta Lane City Clerk, Clerk of Council Patricia J. Britt, 216 City Hall, MAYOR Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Martin J. Flask, Executive Assistant to the Mayor of Special Projects Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Maureen Harper, Executive Assistant to the Mayor, Chief of Communications Jenita McGowan, Executive Assistant to the Mayor, Chief of Sustainability Natoya J. Walker Minor, Chief of Public Affairs Interim Director of Equal Opportunity. OFFICE OF CAPITAL PROJECTS Matthew L. Spronz, Director DIVISIONS: Architecture and Site Development Robert Vilkas, Chief Architect, Manager Engineering and Construction Richard J. Switalski, Manager Real Estate James DeRosa, Commissioner DEPT. OF LAW Barbara A. Langhenry, Director,, Chief Counsel, Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Room 106: John Skrtic, Law Librarian, Room 100 DEPT. OF FINANCE Sharon Dumas, Director, Room 104; Natasha Brandt, Manager, Internal Audit DIVISIONS: Accounts Lonya Moss Walker, Commissioner, Room 19 Assessments and Licenses Dedrick Stephens, Commissioner, Room 122 City Treasury James Hartley, Interim Treasurer, Room 115 Financial Reporting and Control James Gentile, Controller, Room 18 Information Technology and Services Douglas Divish, Commissioner, 205 W. St. Clair Avenue Purchases and Supplies Tiffany White, Commissioner, Room 128 Printing and Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue Taxation Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue DEPT. OF PUBLIC UTILITIES Paul Bender, Director, 1201 Lakeside Avenue DIVISIONS: Cleveland Public Power Ivan Henderson, Commissioner Street Lighting Bureau, Acting Chief Utilities Fiscal Control Frank Badalamenti, Chief Financial Officer Water Alex Margevicius, Interim Commissioner Water Pollution Control Rachid Zoghaib, Commissioner DEPT. OF PORT CONTROL Ricky D. Smith, Director, Cleveland Hopkins International Airport, 5300 Riverside Drive DIVISIONS: Burke Lakefront Airport Khalid Bahhur, Commissioner Cleveland Hopkins International Airport Fred Szabo, Commissioner DEPT. OF PUBLIC WORKS Michael Cox, Director OFFICES: Administration John Laird, Manager Special Events and Marketing Tangee Johnson, Manager DIVISIONS: Motor Vehicle Maintenance Daniel A. Novak, Commissioner Park Maintenance and Properties Richard L. Silva, Commissioner Parking Facilities Antionette Thompson, Interim Commissioner Property Management Tom Nagle, Commissioner Recreation Samuel Gissentaner, Interim Commissioner Streets Randell T. Scott, Interim Commissioner Traffic Engineering Robert Mavec, Commissioner Waste Collection and Disposal Randell T. Scott, Interim Commissioner DEPT. OF PUBLIC HEALTH Karen Butler, Director, Mural Building, 75 Erieview Plaza DIVISIONS: Air Quality George Baker, Commissioner Environment Pamela Cross, Commissioner, Mural Building, 75 Erieview Plaza Health Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza DEPT. OF PUBLIC SAFETY Michael C. McGrath, Director, Room 230 DIVISIONS: Animal Control Services John Baird, Chief Dog Warden, 2690 West 7th Street Correction Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Emergency Medical Service Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive Fire Patrick Kelly, Chief, 1645 Superior Avenue Police Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street DEPT. OF COMMUNITY DEVELOPMENT Daryl Rush, Director DIVISIONS: Administrative Services Jesus Rodriguez, Commissioner Fair Housing and Consumer Affairs Office John Mahoney, Manager Neighborhood Development Chris Garland, Commissioner Neighborhood Services Louise V. Jackson, Commissioner DEPT. OF BUILDING AND HOUSING Edward W. Rybka, Director, Room 500 DIVISIONS: Code Enforcement Thomas E. Vanover, Commissioner Construction Permitting Narid Hussain, Commissioner DEPT. OF HUMAN RESOURCES Deborah Southerington, Director, Room 121 DEPT. OF ECONOMIC DEVELOPMENT Tracey A. Nichols, Director, Room 210 DEPT. OF AGING Jane Fumich, Director, Room 122 COMMUNITY RELATIONS BOARD Room 11, Blaine Griffin, Director, Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council Member Brian Cummins, Eugene R. Miller, (Board Lawyer), 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, Peter Whitt. CIVIL SERVICE COMMISSION Room 119, Robert Bennett, President; Michael L. Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Michael Flickinger. SINKING FUND COMMISSION Frank G. Jackson, President; Council President Kevin J. Kelley; Betsy Hruby, Asst. Sec y.; Sharon Dumas, Director. BOARD OF ZONING APPEALS Room 516, Carol A. Johnson, Chairman; Members; Mary Haas McGraw, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, Secretary. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Room 516, Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members D. Cox, P. Frank, E. P. O Brien, Richard Pace, J.F. Sullivan. BOARD OF REVISION OF ASSESSMENTS Law Director Barbara A. Langhenry, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. BOARD OF SIDEWALK APPEALS Capital Projects Director Jomarie Wasik, Law Director Barbara A. Langhenry; Council Member. BOARD OF REVIEW (Municipal Income Tax) Law Director Barbara A. Langhenry; Utilities Director Paul Bender; Council President Kevin J. Kelley. CITY PLANNING COMMISSION Room 501 Robert N. Brown, Director; Anthony J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. FAIR HOUSING BOARD Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Render, Genesis O. Brown. HOUSING ADVISORY BOARD Room 310 Keith Brown, Terri Hamilton Brown,Vickie Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton. CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones, Chair man; Clint Martin, Mark Rivera. MORAL CLAIMS COMMISSION Law Director Barbara A. Langhenry; Chairman; Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Kevin Kelley. POLICE REVIEW BOARD Thomas Jones, Board Chair Person; Vernon Collier, Vermel Whalen, Nancy Cronin, Elvin Vauss. CLEVELAND LANDMARKS COMMISSION Room 519 Jennifer Coleman, Chair; Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan Dreyer, William Mason, Giancarlo Calicchia, John Torres, Robert Vilkas, Robert Keiser, Secretary. AUDIT COMMITTEE Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Langhenry. CLEVELAND MUNICIPAL COURT JUSTICE CENTER 1200 ONTARIO STREET JUDGE COURTROOM ASSIGNMENTS Judge Courtroom Presiding and Administrative Judge Ronald B. Adrine Courtroom 15A Judge Pinkey S. Carr Courtroom 12B Judge Marilyn B. Cassidy Courtroom 13A Judge Michelle Denise Earley Courtroom 12C Judge Emanuella Groves Courtroom 14B Judge Anita Laster Mays Courtroom 14C Judge Lauren C. Moore Courtroom 14A Judge Charles L. Patton, Jr. Courtroom 13D Judge Raymond L. Pianka (Housing Court Judge) Courtroom 13B Judge Angela R. Stokes Courtroom 15C Judge Pauline H. Tarver Courtroom 13C Judge Ed Wade Courtroom 12A Judge Joseph J. Zone Courtroom 14D Earle B. Turner Clerk of Courts, Russell R. Brown III Court Administrator, Gregory A. Sims Chief Bailiff; Jerome M. Krakowski Chief Probation Officer, Gregory F. Clifford Chief Magistrate, Victor Perez City Prosecutor

3 The City Record OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 101 WEDNESDAY, APRIL 9, 2014 No CITY COUNCIL MONDAY, APRIL 7, 2014 The City Record 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 Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall PERMANENT SCHEDULE STANDING COMMITTEES OF THE COUNCIL MONDAY Alternating 9:30 A.M. Health and Human Services Committee: Cimperman (CHAIR), Mitchell (VICE-CHAIR), Brady, Cleveland, Conwell, Cummins, J. Johnson. 9:30 A.M. Municipal Services and Property Committee: K. Johnson (CHAIR), Sweeney (VICE-CHAIR), Brancatelli, Cummins, Dow, J. Johnson, Reed. MONDAY 2:00 P.M. Finance Committee: Kelley (CHAIR), Cleveland (VICE- CHAIR), Brady, Brancatelli, Conwell, Keane, Mitchell, Pruitt, Zone. TUESDAY. 9:30 A.M. Development, Planning and Sustainability Committee: Brancatelli (CHAIR), Cleveland (VICE-CHAIR), Cimperman, Cummins, Dow, Pruitt, Zone. TUESDAY Alternating 1:30 P.M. Utilities Committee: Pruitt (CHAIR), Brady (VICE- CHAIR), Brancatelli, Cummins, Keane, Mitchell, Polensek. 1:30 P.M. Workforce and Community Benefits Committee: Cleveland (CHAIR), Zone (VICE-CHAIR), J.Johnson, Polensek, Pruitt, Reed, Sweeney. WEDNESDAY Alternating 10:00 A.M. Safety Committee: Zone (CHAIR), Conwell (VICE- CHAIR), Cimperman, Dow, K.Johnson, Keane, Polensek. 10:00 A.M. Transportation Committee: Keane (CHAIR), Dow (VICE-CHAIR), Conwell, J. Johnson, K.Johnson, Reed, Sweeney. The following Committees meet at the Call of the Chair: Mayor's Appointments Committee: Sweeney (CHAIR), Brady, Cleveland, Dow, Kelley. Operations Committee: Pruitt (CHAIR), Kelley, Keane, Mitchell, Zone. Rules Committee: Kelley (CHAIR), Cleveland, Cummins, Keane, Pruitt. OFFICIAL PROCEEDINGS CITY COUNCIL Cleveland, Ohio Monday, April 7, 2014 The meeting of the Council was called to order with the President of Council, Kevin J. Kelley, in the Chair. Council Members present: Dona Brady, Anthony Brancatelli, Joe Cimperman, Phyllis E. Cleveland, Kevin Conwell, Brian J. Cummins, TJ Dow, Jeffrey D. Johnson, Kenneth L. Johnson, Martin J. Keane, Kevin J. Kelley, Mamie J. Mitchell, Michael D. Polensek, Terrell H. Pruitt, Zack Reed, Martin J. Sweeney and Matthew Zone. Also present were: Mayor Frank G. Jackson, Chief of Staff Ken Silliman, Chief Operating Officer Darnell Brown, Chief of Government Affairs Valarie J. McCall, Chief of Education Monyka S. Price, Chief of Communications Maureen Harper, Chief of Sustainability Jenita McGowan, Chief of Public Affairs Natoya Walker-Minor, and Directors Langhenry, Bender, Spronz, Butler, Cox, Rush, Rybka, Southerington, Nichols, Griffin, Brown, Fumich, and Ambroz. Council Members, Administration, Staff, and those in the audience rose for a moment of silent reflection, and the Pledge of Allegiance. MOTION On the motion of Council Member Cleveland, the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member Brady. COMMUNICATIONS File No From Division of Treasury, Department of Finance, City of Cleveland. Statement of Cash Management and Investment Policy for Received. 447 OATH OF OFFICE File No Charles L. DePenti for Lieutenant of Police. Received. STATEMENT OF WORK ACCEPTANCE File No From Department of Public Utilities, City of Cleveland, for Year 2012-B Cleaning and Cement Mortar Lining. Contractor: Utilicon Corporation. Contract: PI2012*010. Date of Acceptance: April 8, Received. FROM OHIO DIVISION OF LIQUOR CONTROL File No RE: # Transfer of Ownership Application, C1 C , Inc., 2603 Woodhill Rd. (Ward 6). Received. File No RE: # Transfer of Ownership Application, C1. AS & KS, Inc., 5510 St. Clair Ave. (Ward 7). Received. File No RE: # Stock Application, C1 C2. 7 Eleven, Inc., 1035 East 185th St. (Ward 8). Received. CONDOLENCE RESOLUTIONS The rules were suspended and the following Resolutions were adopted by a rising vote: Res. No Edna L. Davis- Eastern. Res. No Margree E. McPherson. Res. No Rev. Dr. Eugene L. Schoolfield II. Res. No Nona Michelle Burney, J.D., Ph.D. Res. No William Sanford Florence. Res. No David Robert Scott. Res. No Pastor Lawrence W. Boone. CONGRATULATIONS RESOLUTIONS The rules were suspended and the following Resolutions were adopted without objection: Res. No Benson Fleming - 90th Birthday. Res. No Zeta Phi Beta Sorority 80th Great Lakes Region Leadership Conference. Res. No Debra Arnall See.

4 4 The City Record April 9, 2014 RECOGNITION RESOLUTIONS The rules were suspended and the following Resolutions were adopted without objection: Res. No State Senator C.J. Prentiss (retired). Res. No Judge Una H.R. Keenon (retired). Res. No Rev. E. Theophilus Caviness. Res. No Bishop F.E. Perry Res. No Clarence Yarbrough. FIRST READING EMERGENCY ORDINANCES REFERRED Ord. No By Council Members K. Johnson and Kelley (by departmental request). An emergency ordinance to amend Section of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No , passed June 6, 2011, relating to the rental of athletic complexes. a municipal department; now, therefore Section 1. That Section of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No , passed June 6, 2011, is amended to read as follows: Section Rental of Athletic Complexes; Fee (a) The Director of Public Works, or his or her designee, may rent the Collinwood Athletic Complex, the Morgana Athletic Complex, League Park Baseball Field; and any other City of Cleveland athletic complexes, when available, as long as a permit is secured under Section and the fees specified in this section are paid. (b) The Director, or his or her designee, shall assess and collect the following fees and charges for the rental of Athletic Complexes: (1) Athletic Complex Base Rental: One Thousand Dollars ($1,000.00); A. Base Rental of the complex is based on a six (6) hour period. B. The six-hour Base Rental period includes set up, event, dismantle, and the exit of the organizers and their participants and guests, and general clean-up. C. Each additional hour or fraction thereof exceeding the six-hour Base Rental will cost an additional $ per hour. D. During the six hour Base Rental, if lights are required during any portion of the sporting or athletic event, an additional one hundred dollars ($100.00) per hour or fraction thereof will be charged at the time the permit is issued. The City will bill for any additional lighting costs at $ per hour or fraction thereof. E. Party renting the complex is responsible for general clean-up of the area. (2) All fees are due and payable prior to the issuance of a permit. (3) Rentals not requiring lights are to conclude 30 minutes prior to dusk. (4) Rentals requiring lights must conclude no later than 11:00 p.m. (c) In cases where private security services are determined to be necessary by the Director, or his or her designee, it is the responsibility of the party renting the complex to provide the services, using a security service approved by the Director, or his or her designee. (d) Any party renting the complex is responsible for damages incurred during rental period and will be required to provide one million dollars ($1,000,000.00) liability and property damage insurance which includes the City of Cleveland as an additional insured. (e) Any party renting the complex will be required to provide emergency medical personnel for any athletic competition. (f) All proceeds from gate collections will go to the party renting the facility. (g) All concessions will be operated by the City of Cleveland or its designated vendor. (h) The Director shall deposit the fees and charges collected for the rental of the complex into the fund or funds designated to pay the costs of the general operation of the complex, the equipment and maintenance costs associated with maintaining the complex, and for improvements to the complex. The funds collected may be used for and are appropriated for these purposes. (i) After securing the necessary permit under Section of these Codified Ordinances, the Director, or his or her designee, may allow the Cleveland Muny Football League and the Cleveland Metropolitan School District to rent Athletic Complexes for games, scrimmages, or practices, without being assessed the fees and charges specified in division (b) of this section. Section 2. That existing Section of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No , passed June 6, 2011, 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 Directors of Public Works, Finance, Law; Committees on Municipal Services and Properties, Finance. Ord. No By Council Members Keane and Kelley (by departmental request). An emergency ordinance to amend Section of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No , passed June 7, 2004, relating to loaned United States government property. a municipal department; now, therefore Section 1. That Section of the Codified Ordinance of Cleveland, Ohio, 1976, as amended by Ordinance No , passed June 7, 2004, is amended to read as follows: Section Loaned United States Government Property The Director of Port Control is authorized to enter into agreements 448 with the United States of America to accept and maintain various property on loan from the United States of America and located at Cleveland Hopkins International and Burke Lakefront airports or adjacent to Harbor or Cuyahoga River property managed by the Department of Port Control, subject to terms and conditions that are acceptable to the Director of Law. Section 2. That existing Section of the Codified Ordinance of Cleveland, Ohio, 1976, as amended by Ordinance No , passed June 7, 2004, 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 Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members K. Johnson and Kelley (by departmental request). An emergency ordinance authorizing the Director of Public Works to apply for and accept a grant from Cuyahoga Arts and Culture for the 2014 CAC Mural My Neighborhood Program. a municipal department; now, therefore Section 1. That the Director of Public Works is authorized to apply for and accept a grant in the approximate amount of $19,400, and any other funds that may become available during the grant term from Cuyahoga Arts and Culture to conduct the 2014 CAC Mural My Neighborhood Program; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the 2014 Project Support Grant Agreement for the grant contained in the file described below. Section 2. That the 2014 Project Support Grant Agreement for the grant, presented to the Finance Committee of this Council at a public hearing on this legislation and set forth in File No A, is made a part of this ordinance as if fully rewritten, is approved in all respects, and shall not be changed without additional legislative authority. Section 3. That, unless expressly prohibited by the grant agreement, under Section 108(B) of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents and do all things that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process. The contracts will be paid from the fund or funds to which are credited any grant funds accepted under this ordinance.

5 April 9, 2014 The City Record 5 Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Public Works, Finance, Law; Committees on Municipal Services and Properties, Finance. Ord. No By Council Members Cimperman and Kelley (by departmental request). An emergency ordinance authorizing the Director of Public Health to apply for and accept a grant from the Ohio Commission on Minority Health for the Local Office on Minority Health Grant; and authorizing the Director to enter into one or more contracts with other agencies, entities, or individuals to implement the grant. a municipal department; now, therefore Section 1. That the Director of Public Health is authorized to apply for and accept a grant in the approximate amount of $60,000, and any other funds that may become available during the grant term from the Ohio Commission on Minority Health to conduct the Local Office on Minority Health Grant; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the summary for the grant contained in the file described below. Section 2. That the summary for the grant, presented to the Finance Committee of this Council at a public hearing on this legislation and set forth in File No A, is made a part of this ordinance as if fully rewritten, is approved in all respects, and shall not be changed without additional legislative authority. Section 3. That the Director of Public Health shall have the authority to extend the term of the grant during the grant term. Section 4. That the Director of Public Health shall deposit the grant accepted under this ordinance into a fund or funds designated by the Director of Finance to implement the program as described in the file and appropriated for that purpose. Section 5. That the Director of Public Health is authorized to enter into one or more contracts with other agencies, entities, or individuals to implement the grant as described in the file. 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 Directors of Public Health, Finance, Law; Committees on Health and Human Services, Finance. Ord. No By Council Members Brancatelli and Kelley (by departmental request). An emergency ordinance authorizing the Director of Economic Development to apply for and accept a HUD 108 Empowerment Zone loan from the United States Department of Housing and Urban Development to partially finance the tenant build-out portion of the overall redevelopment of the Victory Building located at 7012 Euclid Avenue and other associated costs necessary to redevelop the properties; and authorizing the Director of Economic Development to enter into one or more agreements with Victory Midtown, LLC, or its designee, for the project. a municipal department; now, therefore Section 1. That the Director of Economic Development is authorized to apply for and accept a HUD 108 Empowerment Zone loan in an amount up to $4,000,000, from the United States Department of Housing and Urban Development ( HUD ), to partially finance the tenant build-out portion of the overall redevelopment of the Victory Building located at 7012 Euclid Avenue (the Project ). Section 2. That the Director of Economic Development is authorized to enter into a loan agreement with Victory Midtown, LLC, or its designee, and any necessary related agreements, to provide economic development assistance to partially finance the Project, and for other associated costs necessary to redevelop the property. Section 3. That the terms of the loan shall be according to the terms set forth in the Summary contained in File No A, made a part of this ordinance as if fully rewritten, as presented to the Finance Committee of this Council at the public hearing on this legislation, and are approved in all respects and shall not be changed without additional legislative authority. Section 4. That the costs of the contract shall not exceed $4,000,000 and shall be paid from the fund or funds to which are credited the loan proceeds received from HUD under this ordinance, which funds are appropriated for this purpose. Section 5. That the Director of Economic Development is authorized to accept such collateral as set forth in the file referenced above in order to secure repayment of the loan. Any loan agreement, security instrument, or other document shall be prepared and approved by the Director of Law. Section 6. That the Director of Economic Development is authorized to accept monies in repayment of the loan and to deposit the monies into a fund designated by the Director of Finance. Section 7. That the Director of Economic Development is authorized to charge and accept fees in an amount not to exceed the maximum allowable fees under federal regulations. The fees shall be deposited to and expended from Fund No. 17 SF 305, Loan Fees Fund. Section 8. That the contract and other appropriate documents needed 449 to complete the transaction authorized by this legislation shall be prepared by the Director of Law. Section 9. That the contract authorized in this legislation will require the recipient of financial assistance to work with, and/or cause their Tenants to work with, The Workforce Investment Board for Workforce Area No. 3 to identify and solicit qualified candidates for job opportunities related to the City s contracts, and place special emphasis on the hard to employ, including but not limited to the disabled and persons who have been convicted of or have pled guilty to a criminal offense, unless the criminal conviction or related circumstances relate to the duties for the particular job sought. Section 10. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Economic Development, Finance, Law; Committees on Development, Planning and Sustainability, Finance. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Ohio Nurses Association. a municipal department; now, therefore Section 1. That under division (B) of Section of the Revised Code, this Council approves the collective bargaining agreement with Ohio Nurses Association, under the terms contained in File No A, for the period from April 1, 2013 through March 31, 2016, 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* 1% April 1, % April 1, % April 1, 2015 * Wage increases shall be effective as follows: (a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or (b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commencing at the beginning of the next pay period. Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Human Resources, Finance, Law; Committee on Finance.

6 6 The City Record April 9, 2014 Ord. No By Council Members Keane and Kelley (by departmental request). An emergency ordinance authorizing the Director of Port Control to enter into a Lease By Way of Concession with JIT Services, LLC to manage, operate, and maintain the North Coast Harbor Transient Marina, associated support facility, concessions and equipment rental programs, for a period of five years, with one fiveyear option to renew, exercisable through additional legislative authority. a municipal department; now, therefore Section 1. That notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Director of Port Control is authorized to enter into a Lease By Way of Concession ( Lease ) with JIT Services, LLC to manage, operate, and maintain the North Coast Harbor Transient Marina, associated support facility, concessions and equipment rental programs, for the Department of Port Control. Section 2. That the term of the Lease shall be for a period of five years, with one five-year option to renew, exercisable through additional legislative authority. Section 3. That the Lease shall provide that JIT Services, LLC will pay the City a fixed rent of $2,000 per month from May through October for each year of the term, plus 6.5% of the gross revenues generated from the marina and any of its related concessions. Section 4. The agreement or agreements shall be prepared by the Director of Law. Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Keane and Kelley (by departmental request). An emergency ordinance authorizing the Director of Port Control to employ one or more professional consultants to enter into one or more management agreements to provide maintenance, operation and management services for City-owned common use facilities at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. a municipal department; now, therefore Section 1. That the Director of Port Control is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to enter into one or more management agreements to provide maintenance, operation and management services for City-owned common use facilities at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted and the first of the one-year options to renew is exercised, then the second and third one-year options to renew may be exercised at the option of the Director of Port Control, without the necessity of obtaining additional authority of this Council. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Port Control for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Port Control, and certified by the Director of Finance. Section 2. That the cost of the contract or contracts authorized shall be paid from Fund No. 60-SF-6320, Request No. RL 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 Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Brancatelli and Kelley (by departmental request). An emergency ordinance authorizing the Director of Building and Housing to enter into one or more contracts with Lou Ritenour Decorators, Inc. dba WR Restoration, or its designee, for professional services necessary to provide professional and technical services relating to the historic documentation, assessments, and the preserving and salvaging of architectural elements and materials of the former Fifth Church of Christ, Scientist, located at Lake Avenue, and to enter into contract for demolition of the property. Whereas, under Ordinance No , Cleveland City Council authorized the City of Cleveland to acquire the former Fifth Church of Christ, Scientist, located at Lake Avenue, Cleveland, Ohio (the Property ); and Whereas, the Property is vacant, deteriorated, and has been condemned by the City of Cleveland Department of Building and Housing; and 450 Whereas, prior to demolition of the Property, the Cleveland Landmarks Commission must consider the demolition s effect on the neighborhood, consider plans aimed at remedying the loss of the Landmark structure, and issue a Certificate of Appropriateness to allow the demolition; and Whereas, the Department of Building and Housing requests to contract for professional services needed to comply with Cleveland Landmarks Commission requirements for approval to demolish the Property; and Whereas, the Department of Building and Housing has authority under Section of the Codified Ordinances of Cleveland, Ohio, 1976 to demolish condemned properties; and Whereas, the Department of Building and Housing requests to enter into contract for the demolition of the Property; and Whereas, the Department of Economic Development has agreed to provide funds for the professional services and the demolition in an amount not to exceed $250,000 in the aggregate; and a municipal department; now, therefore, Section 1. That the Director of Building and Housing is authorized to enter into one or more contracts with Lou Ritenour Decorators, Inc. dba WR Restoration, or its designee, for professional services necessary to provide technical services relating to the historic documentation, providing various assessments, preserving and salvaging architectural elements and materials of the former Fifth Church of Christ, Scientist, located at Lake Avenue (the Property ), and for related services, in the amount not to exceed $167,000, for the Department of Building and Housing. Section 2. That under Section of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Building and Housing is authorized to enter into contract for the demolition of the Property. Section 3. That the contracts authorized under this Ordinance will be prepared by the Director of Law, approved by the Director of Building and Housing, and certified by the Director of Finance. Section 4. That the cost of the contracts authorized in Sections 1 and 2 of this Ordinance will be paid from Fund No. 10 SF 961, which will be created by the Director of Finance for the Department of Building and Housing, and may not exceed $250,000 in the aggregate. 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 Directors of Building and Housing, Economic Development, Finance, Law; Committees on Development, Planning and Sustainability, Finance.

7 April 9, 2014 The City Record 7 Ord. No By Council Member Cimperman. An emergency ordinance to amend Section of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No , passed October 13, 2003, to prohibit the sale and distribution of alternative nicotine products, including electronic cigarettes, to children. Whereas, the Ohio General Assembly passed HB 144 on February 12, 2014 that will go into effect on June 3, 2014 to include alternative nicotine products, including electronic cigarettes, within the restrictions that currently apply to the sale or distribution to, and possession or use by, minors of cigarettes and other tobacco products; and Whereas, the City of Cleveland already prohibits the sale or distribution of cigarettes or other tobacco products to children, and this Council is compelled to also prohibit the sale or distribution of alternative nicotine products in order to protect Cleveland s children from the harmful health effects of nicotine vapor inhaled while smoking electronic cigarettes; and Whereas, electronic cigarettes are particularly appealing to children as currently sold without proof of age in flavors like fruit, bubble gum and soda pop, and may lead to nicotine addiction among young people; and Whereas, electronic cigarettes now account for more than forty percent of all poison center calls about cigarette-type products, according to the Centers for Disease Control and Prevention; and a municipal department; now, therefore, Section 1. That Section of the Codified Ordinances of Cleveland, Ohio 1976, as amended by Ordinance No , passed October 13, 2003, is amended as follows: Section Illegal Distribution of Cigarettes, Other Tobacco Products or Alternative Nicotine Products (a) As used in this section: (1) Child has the same meaning as in section of the Ohio Revised Code. (2) Cigarette includes clove cigarettes and hand-rolled cigarettes. (3) Distribute means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, or papers used to roll cigarettes. (4) A. Alternative nicotine product means, subject to division (a)(4)(b) of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. B. Alternative nicotine product does not include any of the following: (i) Any cigarette or other tobacco product; (ii) Any product that is a drug as that term is defined in 21 U.S.C. 321(g)(1); (iii) Any product that is a device as that term is defined in 21 U.S.C. 321(h). (iv) Any product that is a combination product as described in 21 U.S.C. 353(g). (5) A. Electronic cigarette means, subject to division (a)(5)(b) of this section, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. B. Electronic cigarette does not include any item, product, or device described in division (a) (4)(B)(i) to (iv) of this section. (6) Tobacco product means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff. (7) Vending machine has the same meaning as coin machine in section of the Revised Code. (b) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, and no agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes and no other person shall do any of the following: (1) Give, sell or otherwise distribute cigarettes, other tobacco products alternative nicotine products, or papers used to roll cigarettes to any child; (2) Give away, sell or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, other tobacco products, or papers used to roll cigarettes to a person under eighteen (18) years of age is prohibited by law; (3) Knowingly furnish any false information regarding the name, age, or other identification of any child with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that child; (4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes or alternative nicotine products containing fewer than twenty (20) cigarettes or any package of roll-your-own tobacco containing less than six-tenths (0.6) of one (1) ounce of tobacco; (5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; (6) Sell other tobacco products in a smaller quantity than was intended for retail when the project was packaged by the manufacturer. (b) No person shall sell or offer to sell cigarettes or other tobacco products, or alternative nicotine products by or from a vending machine except in the following locations: (1) An area either: A. Within a factory, business, office, or other place not open to the general public; or B. To which persons under the age of eighteen (18) years are not generally permitted access; (2) In any other place not identified in division (b)(1) of this section, upon all of the following conditions: 451 A. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person. B. The vending machine is inaccessible to the public when the place is closed. (c) The following are affirmative defenses to a charge under division (a)(1) of this section: (1) The child was accompanied by a parent, spouse who is eighteen (18) years of age or older, or legal guardian of the child; (2) The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a child under division (a)(1) of this section is a parent, spouse who is eighteen (18) years of age or older, or legal guardian of the child. (d) It is not a violation of division (a)(1) or (2) of this section for a person to give or otherwise distribute to a child cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply: (1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol. (2) An institutional human subjects protection review board, or equivalent entity, has approved the research protocol. (3) The child is participating in the research protocol at the facility or location specified in the research protocol. (e) (1) Whoever violates division (a)(1), (2), (4), or (5) or (c) is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of division (a)(1), (2), (4), or (5) or (b) of this section or divisions (B)(1), (2), (4), or (5) or (C) of RC , then illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree. (2) Whoever violates division (a)(3) of this section is guilty of permitting children to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting children to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(3) of this section or division (B)(3) of RC , permitting children to use cigarettes, other tobacco products, or alternative

8 8 The City Record April 9, 2014 nicotine products is a misdemeanor of the third degree. (f) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a child in violation of this section and that are used, possessed, purchased, or received by a child in violation of section of the Revised Code are subject to seizure and forfeiture as contraband under Chapter 2981 of the Revised Code. Section 2. That existing Section of the Codified Ordinances of Cleveland, Ohio 1976, as amended by Ordinance No , passed October 13, 2003, is repealed. Section 3. That the amendments to Section shall take effect sixty days after the effective date of this ordinance. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Public Health, Public Safety, Finance, Law; Committees on Health and Human Services, Finance. Ord. No By Council Member Conwell. An emergency ordinance to amend Section of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No , passed October 4, 2010, and Section , as amended by Ordinance No , passed May 22, 1967, requiring a time period of thirty days or more for roomers or boarders in dwelling houses in one-family and two-family districts. a municipal department; now, therefore, Section 1. That Section of the Codified Ordinances of Cleveland, Ohio 1976, as amended by Ordinance No , passed October 4, 2010, and Section , as amended by Ordinance No , passed May 22, 1967, are amended as follows: Section One-Family District In a One-Family District, the following buildings and uses and their accessory buildings and uses are permitted: (a) Dwelling houses, each occupied by not more than one (1) family, and not more than two (2) roomers or boarders occupying the dwelling for thirty (30) days or more; (b) Playgrounds, parks; (c) The extension of existing cemeteries; (d) Railroad rights of way, not including switching, storage or freight yards or industrial sidings; (e) Agricultural uses, subject to the regulations of Section and Section ; (f) The following buildings and uses, if located not less than fifteen (15) feet from any adjoining premises in a Residence District not used for a similar purpose: (1) Churches and other places of worship, but not including funeral chapels or mortuary chapels; (2) Telephone exchanges and static transformer stations, provided there is no public business office or any storage yard or storage building operated in connection therewith; (3) Bus turn-around and layover areas operated by a public transit agency provided that no buildings other than a passenger shelter and restroom are located at each site, and provided, further, that any layover space accommodates no more than two (2) buses. (g) The following buildings and uses, if approved by the Board of Zoning Appeals after public notice and public hearing, and if adequate yard spaces and other safeguards to preserve the character of the neighborhood are provided, and if in the judgment of the Board such buildings and uses are appropriately located and designed and will meet a community need without adversely affecting the neighborhood: (1) A temporary or permanent use of a building by a nonprofit organization for a dormitory, fraternity or sorority house, for the accommodation of those enrolled in or employed by an educational institution permitted in the District; (2) Fire stations, police stations; (3) The following buildings and uses, if located not less than thirty (30) feet from any adjoining premises in a Residence District not used for a similar purpose, and subject to the review and approval of the Board of Zoning Appeals as stated above: A. Public libraries or museums, and public or private schools or colleges including accessory laboratories, provided such private schools or colleges are not conducted as a gainful business; B. Recreation or community center buildings, parish houses and grounds for games and sports, except those of which a chief activity is one customarily carried on primarily for gain; C. Day nurseries, kindergartens; D. Hospitals, sanitariums, nursing, rest or convalescent homes, not primarily for contagious diseases nor for the care of drug or liquor patients, nor for the care of the insane or developmentally disabled; E. Orphanages; F. Homes for the aged or similar homes; G. Charitable institutions not for correctional purposes. (4) The following buildings and uses, if located not less than fifty (50) feet from adjoining premises in a Residence District not used for a similar purpose, and subject to the review and approval of the Board of Zoning Appeals as stated above. A. Municipal recreation buildings; B. Municipal swimming pools; (5) Crematories in existing cemeteries, provided they are not less than three hundred (300) feet from any boundary that abuts a Residence District, and subject to the review and approval of the Board of Zoning Appeals as stated above. Section Two-Family District In a Two-Family District the following buildings and uses are permitted: (a) Dwelling houses, each occupied by not more than two (2) families, and not more than two (2) roomers or boarders occupying the dwelling for thirty (30) days or more. (b) All other uses permitted and as regulated in a One-Family District. 452 (c) The Board of Zoning Appeals, after public notice and public hearing, and upon prescribing proper safeguards to preserve the character of the neighborhood, may grant special permits for the remodeling of existing dwelling houses or the erection of row houses to provide for more than two (2) dwelling units but not more than six dwelling units in each building, provided that: (1) The square feet of lot area to be allotted to each dwelling unit is in accordance with the area regulations included in Chapter 355; (2) The dwelling units to be created will be not smaller than two (2) rooms and a bathroom; (3) There will be no exterior evidence that a remodeled dwelling house is occupied by more than two (2) families, except such as may be permitted by the Board; (4) The building when altered or erected and when occupied will conform to all the applicable provisions of the Building and Housing Codes and as the Commissioner of Building and the Commissioner of Housing so certify; (5) Garage space or hard surfaced and drained parking space will be provided upon the premises for the cars of the families to be accommodated on the premises at the rate of not less than one (1) car per family. Section 2. That existing Section of the Codified Ordinances of Cleveland, Ohio 1976, as amended by Ordinance No , passed October 4, 2010, and Section , as amended by Ordinance No , passed May 22, 1967, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Building and Housing, City Planning Commission, Finance, Law; Committees on Development, Planning and Sustainability, Finance. FIRST READING EMERGENCY ORDINANCES READ IN FULL AND PASSED Ord. No By Council Member Pruitt. An emergency ordinance authorizing the Director of the Department of Aging to enter into an agreement with Court Community Service for the Senior Lawn Care Program through the use of Ward 1 Neighborhood Capital Funds. a municipal department; now, therefore, Section 1. That the Director of the Department of Aging be authorized to enter into an agreement with Court Community Service for the Senior Lawn Care Program for the public purpose of assisting senior citizens residing in the city of Cleveland with grass cutting and lawn maintenance care through the use of Ward 1 Neighborhood Capital Funds.