Cambridge City Council meeting - January 24, 2011 - AGENDA
[Councillor Decker was ABSENT]

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following Cambridge Police Officers assigned to the Traffic Division (truck enforcement) to operate portable truck scale Citywide for the calendar year 2011: Deputy Superintendent John Albert, Officer William Arthur, Jr., Officer Anthony Cacciola, Officer David Szeto and Officer Timothy O'Brien

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Public Weighers to operate scales for the calendar year 2011 at MICH-LIN Transfer Station, 45 Mooney Street, Cambridge: Stacey Walkinshaw Vossmer, Kimberly I. Mochi-Vendetti, Jo Ann DelVecchio, Daniel Pasquarosa, Charles Wainwright, Charles J. Mabardy, Joseph Mabardy, Jr., James J. Mabardy, Justine N. Bonitatibus, Michael Guerriero and Kevin Carey, Jr.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Public Weighers to operate scales for the calendar year 2011 at Boston Sand & Gravel Co., 500 Front Street, Cambridge: Jake Howe, Alan Carbone, Bob Ferguson, David Thebearge, Scott Prentice, Jody Staples, Joseph Olsen, Ray Broderick, Danny O'Neil, Roland Barris and William Tweedy

4. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation not to adopt the changes in the William A. Fox, et al Zoning Petition to rezone the area behind Massachusetts Avenue between Cottage Park Avenue and Edmunds Street and accessed from Cottage Park Avenue from its current designation of Business A2 to Residence B.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-168, regarding a communication from the Commonwealth of Massachusetts, Public Employee Retirement Administration Commission (PERAC).

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Agenda for Children's Talk and Read grant in the amount of $4,626 received from the Cambridge Public Health Department to the Grant Fund Human Service Programs Salary and Wages account ($2,408) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($2,218) which will support the Community Learning Center in recruiting students to participate in training and to allow them to present information to their classes.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the S-C Management grant in the amount of $2,199 received from the S-C Management Corporation to the Grant Fund Human Services Salary and Wages account ($1,766) and the to the Grant Fund Human Services Other Ordinary Maintenance account ($433) and purpose of this donation is to support one ESOL class at the 402 Rindge Avenue Apartments from Feb 28 to June 6, 2011.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Universal Pre-Kindergarten (UPK) grant for the Martin Luther King, Jr. Preschool in the amount of $25,375 received from the Massachusetts Department of Early Education and Care to the Grant Fund Human Service Programs Salaries and Wages account ($5,983) and to the Grant Fund Human Services Other Ordinary Maintenance account ($19,392) and will be used to improve the quality of education for preschool children through professional development, curriculum enrichment, and parent involvement.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Universal Pre-Kindergarten (UPK) grant for the Morse Preschool in the amount of $11,045 received from the Massachusetts Department of Early Education and Care to the Grant Fund Human Service Programs Salaries and Wages account ($2,764) and to the Grant Fund Human Services Other Ordinary Maintenance account ($8,281) and will be used to improve the quality of education for preschool children through professional development, curriculum enrichment, and parent involvement.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Universal Pre-Kindergarten (UPK) grant for the Peabody Preschool in the amount of $11,642 received from the Massachusetts Department of Early Education and Care to the Grant Fund Human Service Programs Salaries and Wages account ($2,902) and to the Grant Fund Human Services Other Ordinary Maintenance account ($8,740) and will be used to improve the quality of education for preschool children through professional development, curriculum enrichment, and parent involvement.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Workplace Education grant, from the National College Transition Network, in the amount of $1,500 to the Grant Fund Human Service Programs Salary and Wages account and will allow the Community Learning Center to participate in College for a Day.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $25,325 from Election Public Investment Extraordinary Expenditures account to the Executive Public Investment Extraordinary Expenditures account to cover the cost of a contract amendment for cable television consultant services in order for the City to complete current negotiations for a new cable television license agreement. [This transfer of unexpended Public Investment balances are from a capital project which has been completed related to the microfilming of election records and the balance is now available for redistribution.]

13. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer between School Department statutory accounts, which includes $475,835.45 from the General Fund School Other Ordinary Maintenance account to the School Salaries and Wages account ($314,918.82), to the School Travel and Training account ($152,451.34) and to the School Extraordinary Expenditures account ($8,465.29) which are related to re-allocations within school department programs.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of the federal McKinney-Vento American Recovery and Reinvestment Act (ARRA) allocation grant in the amount $10,879 to the School Department Grant Fund Travel and Training account ($1,500) and to the School Department Grant Fund Other Ordinary Maintenance account ($9,379) which is the second year of a two year ARRA grant to support the district's efforts to connect homeless families with the resources available to them in the schools and community.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of $35,901 for the ARRA Title IID Technology Competitive Grant from the U.S. Department of Education to the School Department Grant Fund Salary & Wages account ($550) and to the School Department Grant Fund Other Ordinary Maintenance account ($35,351) which allows CPS middle school math teachers to receive professional development in the use of RM software as a supplemental resource in their math classrooms, which will be supported with this supplemental allocation.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Department of Homeland Security Port Security Grant through the Massachusetts Executive Office for Public Safety and Security for $124,525 to the Grant Fund Fire Other Ordinary Maintenance account to purchase new water rescue equipment.

17. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-135, regarding a report on the possibility of working with the NSTAR/OPower project.

18. Transmitting communication from Robert W. Healy, City Manager, relative to Calendar Item Number 5, which is a request from Brighton Allston Properties, LLC for one permanent aerial license for a canopy structure that will overhang portions of the City-owned sidewalk along Massachusetts Avenue and Trowbridge Street located at 1063-1077 Massachusetts Avenue, please find attached the requested renderings of this structure. [It should also be noted that the proposed design was approved by the Historical Commission, the Planning Board and the Harvard Square Advisory Board.]

19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-189, regarding a report on the legitimacy of the tax exempt claim of Education First. [Charter Right - Davis]

Jan 24, 2011

To the Honorable, the City Council:

In response to Awaiting Report Item Number 10-189, regarding a report on the legitimacy of the tax exempt claim of Education First, Director of Assessment Robert P. Reardon reports the following:

The Board of Assessors has been asked to respond to the potential tax-exempt status of Education First. Massachusetts General Laws (MGL), which govern the granting of tax-exempt status, require detailed information be provided to the Board of Assessors to determine eligibility. Education First has not applied for tax-exempt status, therefore, much of the information which would be reviewed or requested is not available to the Board of Assessors and the City Solicitor to render an opinion. Generally, under the MGL an organization requesting tax-exempt status must be an organization providing religious, educational or scientific benefits, and the property for which the exemption is sought must be used and occupied for those purposes. Classification by the IRS as a 501(c)(3) corporation is not determinative of tax-exempt status for local property tax purposes. The typical property which would be exempt is generally totally used by the owner for one, or a combination, of these previously stated purposes.

Education First, according to its website, "is a privately-held company with sixteen divisions that offer a range of educational programs from language training, educational travel and academic degrees to cultural exchanges" which would lead one to believe that they may qualify for a real estate exemption under G. L. c.59 §5, cl. (3), as advancement of education would qualify as a charitable purpose for purposes of the real estate tax exemption. However, there are numerous other requirements for qualifying for the real estate tax exemption, including limitations on distributions and assets to officers, directors or shareholders, or otherwise to be used for non-charitable purposes, its dominant purpose and activities must benefit an indefinite class of the public, as well as other limitations. Also, being a privately held company, it is difficult to determine whether there are sufficient limitations of use of funds by officers, directors, partners or shareholders. Given the available public information, Education First has not applied for a real estate tax exemption, and has not provided information required for such application and would, therefore, not currently be eligible for an exemption from real estate taxation.

In conclusion, while it is possible that an organization such as Education First might be able to meet the statutory requirements to establish tax exempt status, they have committed, as the City Council order notes, that they are willing to pay taxes notwithstanding any right to claim exemption for a period of 50 years. If Education First were to apply for tax-exempt status at any time in the future they would have to demonstrate compliance with all statutory requirements for any then existing tax exemption.

Very truly yours, Robert W. Healy, City Manager

ON THE TABLE
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of the referral of Order Number 15 of Dec 21, 2009, regarding increasing the amount of public information about elections while the election is in progress, to the 2010-2011 City Council. [Communications and Reports from City Officers #1 of Jan 11, 2010 Placed on Table.]

2. That the City Manager is requested to restore funding for School Department clerical positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress. [Order Number Fourteen of Apr 26, 2010 Placed on Table. Councillor Kelley made motions to take from table on May 10, 2010 failed 2-7-0, Sept 13, 2010 failed 4-4-1, Sept 27, 2010 failed 3-5-1, Dec 13, 2010 failed 3-6-0. Remains on Table.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-32, regarding a report on issues with the development of the former St. John's property site. [Charter Right exercised on City Manager Agenda Item Number Eighteen of May 24, 2010. Placed on Table June 7, 2010.]

4. An application was received from Tony LaVita, requesting permission for a curb cut at the premises numbered 68 Middlesex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Ten of June 7, 2010 Placed on Table.]

5. Transmitting communication from Robert W. Healy, City Manager, relative to a request from Brighton Allston Properties, LLC ("BAP") for one (1) permanent aerial license for one (1) steel framed structure with a rubber membrane roof and composite metal panel soffit material to be installed, repaired, replaced and maintained over portions of the public sidewalk. The canopy structure will overhang portions of the City-owned sidewalk along Massachusetts Avenue and Trowbridge Street located along BAP's property located at 1063-1077 Massachusetts Avenue (the "Property"). [City Manager Item Number Seven of Jan 10, 2011 Placed on Table.]

APPLICATIONS AND PETITIONS
1. An application was received from Bosse City Club & Spa, requesting permission for a sandwich board sign in front of the premises numbered 350 Third Street.

2. An application was received from Starbucks Coffee, requesting permission for two blade signs at the premises numbered 1380 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development, Historical Commission and abutters.

COMMUNICATIONS
1. A communication was received from State Representative William N. Brownsberger, transmitting thanks for the City Council resolution expressing the Council's opposition to the Secure Communities program.

RESOLUTIONS
1. Resolution on the death of John R. Loud.   Mayor Maher

2. Resolution on the death of John S. Cashman.   Councillor Toomey, Mayor Maher

3. Resolution on the death of Susan T. McNulty.   Mayor Maher

4. Congratulations to M. Trey Grayson on his new position as Director of the Harvard's Institute of Politics.   Councillor Cheung

5. Congratulations to the coaches and students of the Gymnastics Academy of Boston on their recent meet.   Councillor Cheung

6. Thanks to Cambridge Local First for raising money for Cambridge nonprofits over the holiday season.   Councillor Cheung

7. Resolution on the death of Vincent P. Corrao.   Councillor Toomey

8. Retirement of Mary Riley from the Police Department.   Mayor Maher

9. Resolution on the death of Joseph G. Hayes.   Mayor Maher

10. Resolution on the death of Harriet Loring.   Councillor Toomey

11. Resolution on the death of Catherine E. (Gairachty) Burke.   Councillor Toomey

12. Resolution on the death of Max Hall.   Councillor Toomey, Councillor Cheung, Mayor Maher, Councillor Seidel, Councillor Decker, Vice Mayor Davis

13. Congratulations to Lori Lander for organizing the "Helping Hands" project.   Councillor Simmons

14. Congratulations to Eva Martin Blythe and members of the YWCA Board for their implementation of the Martin Luther King Jr. Day of Service.   Councillor Simmons, Vice Mayor Davis

15. Congratulations to Brian Corr, Executive Director of the Peace Commission, on a successful Martin Luther King Jr. program at Saint Peter's Episcopal Church.   Councillor Simmons

16. Resolution on the death of Sheila L. (Leonard) Walsh-Warner.   Mayor Maher

17. Resolution on the death of Alice M. (McCarthy) Ahern.   Mayor Maher

18. Resolution on the death of Irondina (Maroto) Damaso.   Councillor Toomey

19. Congratulations to Representative Peter Koutoujian on his appointment as the Sheriff of Middlesex County.   Councillor Toomey

20. Congratulations to CitySprouts on the occasion of their ten year anniversary.   Councillor Toomey, Councillor Seidel, Councillor Cheung

21. Congratulations to ePlace on the occasion of their three successful years in Cambridge.   Vice Mayor Davis

22. Congratulations to the CRLS girls hockey team on winning the High School Championship.   Councillor Simmons

23. Resolution on the death of R. Sargent Shriver.   Councillor Seidel

24. Thanks to the Harvest Co-op Market for their donation to three local non-profit organizations.   Mayor Maher, Councillor Cheung

25. Congratulations to Millennium Pharmaceuticals on being selected by Forbes Magazine as a "Top 100 Place to Work."   Councillor Toomey

26. Best wishes to Frances Ackerly for a speedy recovery.   Vice Mayor Davis

27. Congratulations to James Michael Coyle on being honored by the NAACP for his work as a union worker and organizer.   Councillor Reeves

28. Congratulations to Sira Fati on receiving first Honors each semester of her time at Cambridge Rindge and Latin School and as being the recipient of the Martin Luther King Scholarship.   Councillor Reeves

29. Congratulations and thanks to Donald B. Burroughs for his dedication to his students as an educator at Cambridge Rindge and Latin.   Councillor Reeves

30. Congratulations to Sara Kidane for her hard work and dedication to the Cambridge Rindge and Latin School.   Councillor Reeves

31. Congratulations to Harvard Economics Professor Kenneth S. Rogoff on being awarded the fifteenth annual TIAA-CREF Paul A. Samuelson Award for Outstanding Scholarly Writing on lifelong financial security.   Councillor Cheung

32. Congratulations to Paul A. Bowden, Harvard student, on his appearance as a contestant on "Who Wants To Be A Millionaire."   Councillor Cheung

ORDERS
1. Proclaim Jan 28, 2011 as Cambridge Earned Income Tax Credit Awareness Day and urge Cambridge's working individuals and families to recognize the benefits of the Earned Income Tax Credit and utilize the Cambridge Economic Opportunity Committee free tax preparation services.   Mayor Maher

2. Post information about the Snow Exemption Program on the city's website, in a prominent location, and to devise a plan of outreach beyond posting information on the web.   Councillor Cheung
Amended

3. That the City Manager is requested to confer with the Department of Public Works to find out exactly how many snow tickets have been issued thus far, the average response time for responding to snow complaints, and the strategy used to ensure compliance to the law.   Councillor Cheung

4. If a snow emergency is set for after 8PM, that people can park in the provided city parking from 8PM to the time the snow emergency begins for free.   Councillor Cheung and Councillor Toomey
Amended

5. That the City Manager is requested to have the Community Development Department convene a meeting with neighbors in the vicinity of Grove Street and Blanchard Road, the Fresh Pond Master Plan Committee and other relevant parties to review the zoning along the golf course and the Fresh Pond Reservation in that area.   Vice Mayor Davis and Councillor Seidel
Charter Right - Davis

6. That the City Manager be and hereby is requested to look into the current licensing standards for nail salons and explore the possibility of strengthening licensing standards.   Councillor Decker

7. That the City Manager is requested to confer with the Director of the Arts Council and report back on the feasibility of the Arts Council partnering with local arts organization to establish a similar program to Shakespeare in the Park in Cambridge.   Councillor Toomey
Amended, referred to Public Facilities, Arts, and Celebrations Committee

8. That the City Manager is requested to contact Eric Lander, Broad Institute, to create a competition to design a Kendall Square of the future.   Councillor Reeves
Amended, referred to Economic Development, Training, & Employment Committee

9. That the Austin, Texas "Parking Benefit District Pilot Program" be referred to the Council Committee on Transportation, Traffic, and Parking for further consideration and review.   Councillor Seidel

10. That the City Manager is requested to confer with CDD to report back to the City Council on the total number of buildings built on North Massachusetts Avenue, herein defined as that portion of Massachusetts Avenue between Beech Street and the Arlington town line, since 2000.   Councillor Seidel
Amended

11. That the City Manager is requested to confer with the Acting Assistant City Manager for Community Development to direct the CDD staff to develop language for proposed amendments to Section 5.28 that address the concerns that have been the subject of these public conversations.   Mayor Maher

MISCELLANEOUS
1. Transmitting communication from Robert W. Healy, City Manager, relative to the 2010 Town Gown Reports. [summary]

2. Transmitting from City Manager Robert W. Healy, the 2010 Cambridge Public Health Annual Report.

HEARING SCHEDULE
Mon, Jan 24
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 25
4:00pm   The Economic Development, Training and Employment Committee will conduct a public meeting to discuss reviewing ordinances detrimental to community goals.  (Sullivan Chamber)

Wed, Jan 26
5:00pm   The Ordinance Committee will conduct a public hearing to consider the Historical Commission's Landmark Study recommendation for landmark designation for St. James's Episcopal Church at 1991 Massachusetts Avenue.  (Sullivan Chamber)
6:30pm   A budget forum for citizens input. 680 Huron Ave., 2nd floor  (Russell Youth & Community Ctr.)

Mon, Jan 31
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, Feb 2
6:30pm   A budget forum for citizen input. Lecture Hall, 449 Broadway  (Main Library)

Thurs, Feb 3
6:30pm   A budget forum for citizen input. 48 Sixth Street  (O’Connell Branch Library)

Mon, Feb 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 8
6:00pm   School Committee Budget Retreat  (Sullivan Chamber)

Wed, Feb 9
6:00pm   The Civic Unity Committee will conduct a public meeting to continue discussion with the Civic Unity Citizen Advisory Committee.  (Ackermann Room)

Thurs, Feb 10
5:30pm   The Traffic, Parking and Transportation Committee will conduct a public meeting to discuss snow removal issues.  (Sullivan Chamber)

Mon, Feb 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 15
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the possibility of structuring the parking ticket system in a way that would increase parking tickets as people stay longer at expired meters or general no-parking spots.  (Ackermann Room)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Thurs, Feb 17
5:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss municipal and other renewable energy goals and to examine the environmental goals of the City Council.  (Sullivan Chamber)

Mon, Feb 28
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 1
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss language in the Noise Ordinance as it relates to enforcement of loud car radios.  (Ackermann Room)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, Mar 2
10:00am   The Community Health Committee will conduct a public meeting to learn more about Cambridge Health Alliance's patient-centered medical home (PCMH) initiatives.  (Sullivan Chamber)

Thurs, Mar 3
5:00pm   The Economic Development, Training and Employment Committee will conduct a public meeting to discuss how inclusionary zoning could be used to build more entrepreneur space.  (Sullivan Chamber)

Mon, Mar 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 8
6:00pm   School Committee Budget Hearing  (Sullivan Chamber)

Mon, Mar 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Mar 21
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 28
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Apr 5
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss safety issues at the intersection of Cedar and Harvey Streets.  (Ackermann Room)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Apr 11
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Apr 12
6:00pm   Special School Committee Meeting  (Sullivan Chamber)

Mon, Apr 25
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Jan 24, 2011
MAYOR MAHER
WHEREAS: It has come to the attention of the City Council that Congress enacted the Earned Income Tax Credit in 1975 to offset the burden of Social Security taxes on low-income taxpayers, supplement wages and provide a direct cash refund to households; and
WHEREAS: Since its enactment in 1975, the Earned Income Tax Credit has lifted millions of families above the poverty line and has had a high participation rate relative to other programs for low-income Americans; and
WHEREAS: Each year, millions of Americans and thousands of Massachusetts residents who work are eligible for the Earned Income Tax Credit (EITC), but do not realize that they qualify or know how to claim it; and
WHEREAS: 3,801 Cambridge residents received more than $ 5,800,000 in federal and State Earned Income Tax Credit in 2007, the IRS estimates that to be only 75 to 80 percent of those eligible to receive the credit; and
WHEREAS: Cambridge Economic Opportunity Committee (CEOC) is a certified Internal Revenue Service VITA (Volunteer Income Tax Assistance) site and provides free tax preparation with electronic filing, which can return taxpayers' refunds in ten days or less; and
WHEREAS: The Cambridge Economic Opportunity Committee provides this service at its 11 Inman Street office and in sites throughout the Cambridge community to make the filing process easy for taxpayers providing services in the following languages: Spanish, Haitian Kreyol, and Portuguese; and
WHEREAS: Last year the Cambridge Economic Opportunity Committee returned over $4.4 million in state and federal refunds, including the Earned Income Tax Credit to over 2,400 tax filers; and
WHEREAS: The Cambridge Economic Opportunity Committee also assists tax filers in applying for food stamps, Social Security disability benefits, health insurance, and housing subsidies; and
WHEREAS: The Cambridge Economic Opportunity Committee provides financial education and coaching, credit counseling, Individual Development Accounts and financial aid for higher education preparation assistance to assist families in achieving economic security; and
WHEREAS: The Earned Income Tax Credit increases revenues in Cambridge and boosts the overall economy; now therefore be it
RESOLVED: That the Cambridge City Council hereby proclaims Jan 28, 2011 as Cambridge Earned Income Tax Credit Awareness Day and urges Cambridge's working individuals and families to recognize the benefits of the Earned Income Tax Credit and utilize the Cambridge Economic Opportunity Committee free tax preparation services to claim the credit and avoid for-profit tax preparer fees; and be it further
RESOLVED: That the City Clerk be and is hereby resolved to forward a suitably engrossed copy of this resolution to the Cambridge Economic Opportunity Committee on behalf of the entire City Council.

O-2     Jan 24, 2011  Amended
COUNCILLOR CHEUNG
WHEREAS: When winter weather hits, many of Cambridge's elderly, disabled and low income residents are left to clean their home's sidewalks themselves, putting them at risk for financial and physical injury; and
WHEREAS: Cambridge currently has in place a "Snow Exemption Program" that allows for elderly, disabled or low income residents to sign up to have their sidewalks shoveled for free by the Department of Public Works; and
WHEREAS: Unfortunately many residents do not know about this program and as a result put themselves at risk by shoveling or violating Cambridge's sidewalk clearance regulations; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate department heads to post information about the before mentioned program on the city's website, in a prominent location, and to devise a plan of outreach that goes beyond merely posting information on the web and report back to the City Council on the course of action.

O-3     Jan 24, 2011
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge has already experienced two major snow storms and is expected to be hit by quite a few more by winter's end; and
WHEREAS: The City of Cambridge's "Best Shoveled Block" contest has inspired many neighborhoods to become proactive about shoveling their sidewalks, resulting in safer conditions for pedestrians, a model that has been adopted by Boston and surrounding cities; and
WHEREAS: Although Cambridge has outshined its neighbors in regards to the quick removal of snow from the roads and public spaces, nonetheless some constituents have written in with concerns; and
WHEREAS: One such complaint is that many residents are still not shoveling the sidewalks in front of their homes, not only breaking the law but putting neighbors at risk; and
WHEREAS: It has also been noted in the before mentioned emails that it appears that the Department of Public Works is not enforcing sidewalk snow removal, resulting in many residents ignoring the law; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Public works to find out exactly how many tickets have been issued thus far, the average response time for responding to complaints, and the strategy used to ensure compliance to the law, and report back to the City Council.

O-4     Jan 24, 2011  Amended
COUNCILLOR CHEUNG
COUNCILLOR TOOMEY
WHEREAS: It is in the best interest of the city and our constituents to encourage residents to get their cars off the roads as quickly and efficiently as possible once a snow emergency is declared; and
WHEREAS: Currently residents can park in city garages for free starting at the time when the snow emergency goes into effect, however snow emergencies often begin late at night, making it difficult for residents to benefit from this program; and
WHEREAS: Many residents do not have the luxury of being able to afford to pay to park their car early, or of being able to leave their homes and families to park their car late at night and are thus discouraged from moving their cars off the road; now therefore be it
ORDERED: If a snow emergency is set for after 8PM, that people can park in the provided city parking from 8PM to the time the snow emergency begins for free; and be it further
ORDERED: That the City Manager be and hereby is requested to consider reinstituting the use of drivers and bullhorns similar to street cleaning announcements, to alert residents of snow emergencies.

O-5     Jan 24, 2011  Charter Right - Davis
VICE MAYOR DAVIS
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to have the Community Development Department convene a meeting with neighbors in the vicinity of Grove Street and Blanchard Road, the Fresh Pond Master Plan Committee and other relevant parties to review the zoning along the golf course and the Fresh Pond Reservation in that area.

O-6     Jan 24, 2011
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that the Boston Public Health Commission has voted to improve health and safety conditions at local nail salons; and
WHEREAS: The new regulations include mandatory single time use for emery boards, cleaning gurgling foot baths between every use, and a shift toward improved ventilation to reduce chemical vapors; and
WHEREAS: Cambridge has 23 nail salons listed on the Commonwealth of Massachusetts Division of Professional Licensure website with these salons serving any number of Cambridge residents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to look into the current licensing standards for nail salons and in light of the experience in the City of Boston explore the possibility of strengthening licensing standards; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-7     Jan 24, 2011  Amended
COUNCILLOR TOOMEY
WHEREAS: The Commonwealth Shakespeare Company has brought vitality to the Boston Common with their performances of Shakespeare in the Park during the summer months; and
WHEREAS: Cambridge has many similar venues that could support such performances and could help to enliven evening activity in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Arts Council and report back on the feasibility of the Arts Council partnering with local arts organization to establish a similar program to Shakespeare in the Park in Cambridge; and be it further
ORDERED: That this matter be referred to the Public Facilities, Arts and Celebrations Committee.

O-8     Jan 24, 2011  Amended
COUNCILLOR REEVES
WHEREAS: Eric Lander, President and Director, Broad Institute, is creative, innovative and a thinker; and
WHEREAS: While he was celebrating Martin Luther King's birthday, he conceived of an idea that beautifully illustrates all of those qualities; and
WHEREAS: His idea is to contact architectural students, not only from Cambridge and the Boston area, but far and wide to create a competition to design a Kendall Square of the future; and
WHEREAS: This competition should be judged and a winner should be chosen; and
WHEREAS: There should be a public celebration for the winner and the design should be displayed; now therefore be it
ORDERED: That the City Manager be and hereby is requested to communicate with Eric Lander of the Broad Institute, The Kendall Square Business Association and the Community Development Department to set up this design competition; and be it further
ORDERED: That this matter be referred to the Economic Development, Training, & Employment Committee.

O-9     Jan 24, 2011
COUNCILLOR SEIDEL
WHEREAS: Parking is a concern for City residents, with demand often outweighing supply; and
WHEREAS: Cambridge draws a number of visitors each day for a variety of reasons; and
WHEREAS: Residents who live in neighborhoods which border busy retail districts and educational facilities are particularly affected by the demand for parking; and
WHEREAS: Other metropolitan areas are piloting programs which address these parking concerns, including the City of Austin, Texas, which has launched a "Parking Benefit District Pilot Program"; and
WHEREAS: The Austin program may offer a model for the City of Cambridge to address similar parking-related concerns; now therefore be it
ORDERED: That the Austin, Texas "Parking Benefit District Pilot Program" be referred to the Council Committee on Transportation, Traffic, and Parking for further consideration and review; and be it further
ORDERED: That the Committee report back to the City Council with its findings.

O-10     Jan 24, 2011  Amended
COUNCILLOR SEIDEL
WHEREAS: There have been community meetings during the past year conducted by the Community Development Department (CDD) for residents of North Cambridge regarding the North Massachusetts Avenue Improvement Study, which focuses on the area of Massachusetts Avenue in Cambridge between Beech Street and the boundary with Arlington; and
WHEREAS: One issue which has been raised during these meetings is the impact of retail establishments on the character of the neighborhood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with CDD to report back to the City Council on the total number of buildings built on North Massachusetts Avenue, herein defined as that portion of Massachusetts Avenue between Beech Street and the Arlington town line, since 2000; and be it further
ORDERED: That this report include the total number of buildings built, the purpose of each building, whether ground floor retail space was part of the original construction; and be it further
ORDERED: That this report include a list of buildings currently under construction or that may be built in the next two years in this area of North Massachusetts Avenue; and be it further
ORDERED: That said report outline the impact of residential zoning incentives on the availability and viability of retail businesses in the North Massachusetts Avenue area.

O-11     Jan 24, 2011
MAYOR MAHER
WHEREAS: Recent cases at the Planning Board as well as petitions to amend Section 5.28 of the Zoning Ordinance with regard to the conversion of older buildings into multifamily housing have raised issues about the clarity and impact of Section 5.28.
WHEREAS: Section 5.28 is an important tool for the City's goals to preserve historic buildings and preserve and create affordable housing; nevertheless, recent public discussion has surfaced a number of issues relative to the effect on the neighborhood of some projects developed under this section, particularly with respect to density and parking; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Acting Assistant City Manager for Community Development to direct the CDD staff to develop language for proposed amendments to Section 5.28 that address the concerns that have been the subject of these public conversations including but not limited to

* Size of units and the relation of size to parking requirements

* Appropriate gross floor area (GFA) and number of units

* Appropriate floor area ratios (FAR)

* Creation of a "cap" on gross floor area

* Privacy and screening

* Issues relative to the concerns of neighbors about exacerbation of parking demand problems, including visitor parking

* Fill-in issues

* Allowing other uses in part of the building

* The concept of requiring the developer to meet with the neighbors before a special permit application can be filed; and be it further

ORDERED: That the language developed by CDD staff for amendments to Section 5.28 be brought back to the Ordinance Committee for consideration before any decisions for Planning Board or Board of Zoning applications under Section 5.28 are decided.

AWAITING REPORT LIST
10-50. Report from the City Manager:
RE: report on options for amending the ordinance to allow for permitting of civic organizations to use public space after hours.
Councillor Cheung 03/22/10 (O-18)

10-57. Report from the City Manager:
RE: report on Harvard using the Jesuit properties for affordable housing and whether Harvard will offer other properties in the same neighborhoods for the purpose of developing affordable housing.
Councillor Decker & Councillor Cheung 04/05/10 (O-20)

10-79. Report from the City Manager:
RE: report on a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.
Councillor Cheung and Full Membership 05/10/10 (O-7)

10-89. Report from the City Manager:
RE: report on a delineation of the boundaries of Joan Lorentz Park.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/24/10 (O-11)

10-127. Report from the City Manager:
RE: report on nature of the improvements along the Grand Junction. Councillor Toomey referred back to City Manager for additional information on 10/25/10.
Councillor Toomey, Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 09/13/10 (O-5)

10-130. Report from the City Manager:
RE: report on the status of installing community gardens at Riverside Press Park.
Vice Mayor Davis and Full Membership 09/13/10 (O-11)

10-133. Report from the City Manager:
RE: report on railroad crossing safety policies and procedures, including equipment maintenance and repair in the City of Cambridge.
Councillor Seidel 09/13/10 (O-16)

10-135. Report from the City Manager:  See Mgr #17
RE: report on the possibility of working with the NSTAR/OPower project.
Vice Mayor Davis and Full Membership 09/27/10 (O-1)

10-138. Report from the City Manager:
RE: report on the feasibility of adding historical sub-signs to street signs and the possibility of commemorating the 200th anniversary of the War of 1812 with street sub-signs.
Vice Mayor Davis, Councillor Cheung, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 09/27/10 (O-6)

10-140. Report from the City Manager:
RE: report on safety policies and procedures in place to monitor the maintenance of natural gas pipelines in the City.
Councillor Seidel and Full Membership 09/27/10 (O-10)

10-150. Report from the City Manager:
RE: report on the possibility of Cambridge participating in the Bixi bike-sharing program.
Councillor Cheung and Full Membership 10/04/10 (O-6)

10-151. Report from the City Manager:
RE: report on how the transition of the Grand Junction Railroad to Commuter Rail traffic could impede the implementation of the Grand Junction Rail Trail. Councillor Toomey referred back for additional information on 10/25/10.
Councillor Toomey and Full Membership 10/04/10 (O-7)

10-155. Report from the City Manager:
RE: report on the process for discussing the report "Missed Opportunities Shared Responsibility" throughout the community and ensuring community groups have ample opportunity to discuss the report.
Councillor Decker 10/04/10 (O-12)

10-158. Report from the City Manager:
RE: report on repairing the brick sidewalk in front of 149 Hancock Street.
Councillor Reeves and Full Membership 10/18/10 (O-6)

10-163. Report from the City Manager:
RE: report on multiple questions concerning trees that come out of the Environment Committee meeting of 9/30/2010.
Vice Mayor Davis 10/25/10 (O-11)

10-165. Report from the City Manager:
RE: report on ways the City can work with the MAPC on opportunities related to the $4 million grant award to the MAPC on behalf of the Metro Boston Consortium for Sustainable Communities.
Councillor Seidel and Full Membership 11/01/10 (O-3)

10-167. Report from the City Manager:
RE: report on assisting neighbors as the No. Cambridge Catholic school site project proceeds and report on how the Table of Uses impact the development by special permit or variance in a Residence B District.
Vice Mayor Davis, Mayor Maher & Councillor Decker 11/01/10 (O-7)

10-168. Report from the City Manager:  See Mgr #5
RE: report on a communication from PERAC regarding the appropriation for FY2012. See Communication #6 of 11/8/2010.
Vice Mayor Davis and Full Membership

10-170. Report from the City Manager:
RE: report on whether the gutters are up to code at the Blessed Sacrament building.
Councillor Decker and Full Membership 11/08/10 (O-3)

10-172. Report from the City Manager:
RE: report on ensuring that the agreements between the developer and area residents are being upheld at the Blessed Sacrament Development.
Councillor Decker and Full Membership 11/08/10 (O-10)

10-173. Report from the City Manager:
RE: report on the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.
Councillor Decker 11/08/10 (O-12)

10-175. Report from the City Manager:
RE: report on feasibility of converting certain Inman Square parking meters to 2-hours and along Cambridge Street and on the possibility of installing time-weighted parking meter in Inman Square.
Councillor Cheung and Full Membership 11/22/10 (O-2)

10-176. Report from the City Manager:
RE: report on the feasibility of creating a "Bonding Program" for the purpose of ensuring that a process exists to enable the completion of work on projects where a developer fails to comply with an agreed upon community mitigation agreement.
Mayor Maher and Full Membership 11/22/10 (O-3)

10-177. Report from the City Manager:
RE: report on meetings with presidents of Cambridge colleges/universities to work out a proposal that they will pay the tuition and fees for students graduating from Cambridge public high schools.
Councillor Reeves and Full Membership 11/22/10 (O-7)

10-178. Report from the City Manager:
RE: report on developing an RFP for experimental music venues and space in Central Square.
Councillor Reeves and Full Membership 11/22/10 (O-8)

10-180. Report from the City Manager:
RE: report on feasibility of developing a formula/mechanism for receiving revenues negotiated during zoning changes and the possibility such revenues generated by a formula for distribution to community based non-profits.
Mayor Maher & Councillor Simmons 11/22/10 (O-12)

10-181. Report from the City Manager:
RE: report on the current formula that the City uses to calculate linkage payments for large scale projects.
Mayor Maher & Councillor Simmons 11/22/10 (O-13)

10-182. Report from the City Manager:
RE: report on when and where garbage trucks are allowed to back up on their routes and whether the City is liable for contracted garbage or recycling trucks that hit cars, trees or other things while performing their duties.
Councillor Kelley and Full Membership 12/06/10 (O-3)

10-183. Report from the City Manager:
RE: report on the state of the law relating to community benefits as mitigation in zoning amendment petitions.
Vice Mayor Davis, Councillor Toomey, Councillor Seidel, Councillor Cheung and Full Membership 12/13/10 (O-1)

10-184. Report from the City Manager:
RE: report on the possibility of the Cambridge Farmers Market using space for the winter months in the ground floor of the First Street garage or other suitable space.
Vice Mayor Davis, Mayor Maher, Councillor Toomey, Councillor Cheung and Full Membership 12/13/10 (O-2)

10-185. Report from the City Manager:
RE: report on establishing a "pilot program" for Clean Tech Start-Ups in the first floor of vacant First Street garage.
Mayor Maher and Full Membership 12/13/10 (O-4)

10-186. Report from the City Manager:
RE: report on possible options for providing more support for the homeless youth in Cambridge.
Councillor Decker and Full Membership 12/13/10 (O-5)

10-187. Report from the City Manager:
RE: report on the appropriateness of private meetings between City Council members and the Superintendent of Schools without informing the School Committee of such meetings.
Councillor Toomey 12/13/10 (O-8)

10-188. Report from the City Manager:
RE: report on NSTAR outages in East Cambridge, Porter Square & Kendall Square.
Vice Mayor Davis 12/13/10 (O-10)

10-189. Report from the City Manager:  See Mgr #19
RE: report on the legitimacy of the tax exempt claim of Education First.
Councillor Toomey, Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 12/20/10 (O-1)

10-190. Report from the City Manager:
RE: report on the feasibility of implementing the 311 system in Cambridge.
Councillor Cheung and Full Membership 12/20/10 (O-2)

11-191. Report from the City Manager:
RE: report on practices that will mitigate problems that occur (plowing snow into areas that have been shoveled by residents) and the insufficient and/or improper shoveling of the pedestrian ways.
Councillor Simmons, Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Toomey 01/10/11 (O-2)

11-192. Report from the City Manager:
RE: report on unfair financial burden placed on same-sex married employees of Cambridge.
Councillor Simmons, Councillor Seidel, Councillor Cheung, Councillor Kelley, Vice Mayor Davis, Mayor Maher, Councillor Reeves & Councillor Toomey 01/10/11 (O-3)

11-193. Report from the City Manager:
RE: report on possibility of allowing homeowners alternatives to alter flat roof structures to create better rain water runoff collection.
Mayor Maher, Councillor Cheung, Councillor Kelley, Councillor Reeves, Councillor Seidel & Councillor Simmons 01/10/11 (O-5)

11-194. Report from the City Manager:
RE: report on the snow removal of the sidewalks adjacent to cab stands.
Councillor Reeves, Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Seidel, Councillor Simmons & Councillor Toomey 01/10/11 (O-6)

11-195. Report from the City Manager:
RE: report on Enterprise Rental using the City sidewalk as a parking lot.
Councillor Reeves, Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Seidel, Councillor Simmons & Councillor Toomey 01/10/11 (O-7)

11-196. Report from the City Manager:
RE: report on whether the Responsible Employer Ordinance was complied with in regard to the recent bid on water-proofing project in Lafayette Square.
Councillor Cheung, Councillor Decker, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 01/10/11 (O-9)