Cambridge City Council meeting - February 1, 2016

Cambridge City Council meeting - February 1, 2016 - AGENDA
[Councillor Cheung was ABSENT, Councillor Mazen phoned it in]

CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi Manager, relative to Kid’s Council name change and appointment of the following members of the Youth and Family Policy Council (formally referred to as the Kids’ Council). Appointments: City Councillor Jan Devereux (Mayor’s Representative) and School Committee Member Manikka Bowman.

2. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the following persons as Public Weighers for the calendar year 2016 at MICH-LIN transfer station, 45 Mooney Street: Bryan Burdge, James Mabardy, Joseph Mabardy, Jr., Justine Bonitatibus, Jo Ann Del Vecchio, Michael Guerriero, Daniel Pasquarosa, Nicholas Santolucito, Charles Mabardy, Steven McColgan and Robert Kousoulos

3. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the following persons as Public Weighers for the calendar year 2016 at Boston Sand & Gravel Co., 500 Front Street: Dean Francis Boylan, Al Bishop, Mike Denahy, Mark Gilroy, Nicole Janey, David Kelley, Joe Olsen, Scott Prentiss, Faith Richardson, Wei Li.

CHARTER RIGHT
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public hearing held on Dec 14, 2015 to discuss the climate change vulnerability assessment.
Report Accepted

ON THE TABLE
2. An application was received from Capital One, requesting permission for a sandwich board sign in front of the premises numbered 24 JFK Street.

UNFINISHED BUSINESS
3. That the Council go on the record to state that the second Monday of October henceforth be commemorated as Indigenous Peoples’ Day in Cambridge, in recognition of the indigenous people of America’s position as native to these lands, and the suffering they faced following European conquest of their land. [Order Number Fifteen of Oct 19, 2015 Placed on Table on motion of Vice Mayor Benzan. Motion to amend by substitution by Councillor Mazen carried on affirmative vote of 8 substitute text placed on Unfinished Business by Councillor Mazen affirmative vote of 8.]

4. A proposed amendment to the Ordinance entitled “Municipal Code of the City of Cambridge” in Title 6 entitled “Animals,” a new Chapter 6.18 be added entitled “Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses.” The question comes of passing to be ordained on or after Feb 8, 2016

APPLICATIONS AND PETITIONS
1. An application was received from Blue Hills Bank, requesting permission for a blade sign at the premises numbered 200 Concord Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and Abutter.
Adopted

COMMUNICATIONS
1. A communication was received from the family of Ann Marie E. (Rudgis) Johnson, transmitting thanks for the kind words of sympathy.

2. A communication was received from Sheli Wortis, 106 Berkshire Street, regarding renaming “Columbus Day.”

3. A communication was received from Jeanne Koopman, 248 River Street, regarding Indigenous Peoples Day.

4. A communication was received from Ann Fleck-Henderson, Richdale Avenue, regarding Indigenous Peoples Day.

5. A communication was received from Carol O'Hare, 172 Magazine Street, in support of Policy Order #8 regarding sandwich board and A-frame signs.

6. A communication was received from Hasson Rashid, 820 Massachusetts Avenue, regarding Policy Order #2 and the development of the Volpe site.

RESOLUTIONS
1. Happy Birthday wishes to former Mayor and City Councillor Kenneth E. Reeves. Councillor Maher

R-1 Feb 1, 2016
COUNCILLOR MAHER
WHEREAS: It has come to the attention of the City Council that former Mayor and City Councillor Kenneth E. Reeves will be celebrating a very special birthday on February 8, 2016; and
WHEREAS: Ken was born under the sign of Aquarius, the Water Bearer, and embodies all of the best and finest traits attributed to those who are born under that sign of the Zodiac; and
WHEREAS: Ken loves birthdays, and loves to celebrate birthdays, and especially loves to celebrate his own, and he is known to enjoy celebrating his birthday for an entire month; now therefore be it
RESOLVED: That the City Council go on record wishing our friend and former colleague, Kenneth E. Reeves, a very happy special birthday, with our best wishes many more such special birthdays (and celebrations) to come; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Kenneth E. Reeves on behalf of the entire City Council.

2. Congratulations to Melissa Russo and Tucker Lewis on the birth of their son August Lewis Russo. Vice Mayor McGovern

3. Commending the efforts of the organizers of the 2016 Chinese New Year Gala & Community Enrichment Forum for bringing Asian American organizations across New England together to celebrate the Chinese New Year. Councillor Cheung

4. Congratulations to Miriam Klapper on her retirement as Executive Director of Temple Beth Shalom. Vice Mayor McGovern

ORDERS
1. That the Cambridge City Council go on record in full support of H.3019/S.1810, H.3073/S.1807, and S.1809 as needed protections for area bicyclists. Councillor Kelley
Adopted

2. That the City Manager is requested to confer with the Assistant City Manager of Community Development with the intention of organizing a Volpe Task Force made up of representatives from abutting neighborhood groups and Kendall Square residents and businesses. Councillor Toomey
Adopted

3. That the City Manager is requested to consult with the Information Technology Department and any other relevant City departments on ways the City of Cambridge can implement such a service with the goal of notifying residents of city-wide and neighborhood events and meetings via automated calls or text messages. Vice Mayor McGovern, Councillor Devereux
Adopted

4. That the City Council go on record in support of the Bikeshare Transit Act. Councillor Carlone, Councillor Mazen, Councillor Devereux
Adopted

5. That the City Manager is requested to confer with the Department of Public Health, the Cambridge Health Alliance, local hospitals and the medical community on appropriate strategies for public outreach, education, and support for residents who may be concerned about the Zika virus. Councillor Devereux, Councillor Carlone, Vice Mayor McGovern
Adopted

6. That the City Council go on record supporting the expeditious treatment of House Bill 3944 and Senate Bill 2022 such that Massachusetts can not only protect its first responders but also be better prepared to address drug addiction and prevention. Vice Mayor McGovern, Councillor Devereux
Adopted

7. That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from the Clark family for a corner dedication in the vicinity of Concord Avenue and Corporal Burns Road in honor of Emory J. Clark. Councillor Devereux, Mayor Simmons
Adopted

8. That the City Manager is requested to confer with appropriate City departments and to report back to the City Council on the current total number and locations of sandwich board and A-frame signs, details on the process and criteria for approval and annual renewal, details on the enforcement of non-compliant and unpermitted signs, whether the annual $75 fee remains appropriate, whether reasonable design guidelines could be encouraged or required in historic districts, and whether the application process could be improved to include more detail to better inform decision makers. Councillor Devereux, Councillor Carlone, Councillor Mazen, Mayor Simmons
Adopted

9. City Council support of a grant application by the City of Cambridge to the U.S. Department of Transportation Smart City Challenge, proposing the development of an automated, connected-vehicle transportation system that has the potential to significantly reduce greenhouse gas emissions. Councillor Toomey
Adopted

10. That the City Clerk, in consultation with the City Solicitor, draft a response regarding the attached Amended Open Meeting Law complaint for the City Council’s consideration, and that the City Solicitor request an extension from the Attorney General’s Division of Open Government so that the draft response may be considered and voted on by the City Council at its regular business meeting of Feb 22, 2016. Mayor Simmons

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting notification from the President of the Massachusetts State Senate, calling for a special election to be held on Tues, May 10, 2016, to fill an existing vacancy in the First Suffolk and Middlesex Senatorial District [Petruccelli].

2. A communication was received from Councillor Timothy J. Toomey, Jr., transmitting a series of articles regarding the affordable housing crisis. [San Francisco's Self-Defeating Housing Activists] [What's the Matter with San Francisco?]

January 28, 2016

Dear Colleagues
As we enter a new Council term ready to face the challenges ahead, I wanted to share with you a series of articles that I found relevant to our affordable housing crisis.

Cambridge is often positively compared to San Francisco thanks to our tech and start up industry and also to our proud countercultures and progressive politics. Unfortunately a new, and less flattering, comparison can be drawn resulting from the impact our success has had on affordability and housing issues and the current debate on how to confront those issues. Certainly we are a significantly smaller city with our own set of challenges, but I found it remarkably easy to substitute "Cambridge" in these articles for "San Francisco".

San Francisco chose its current path decades ago. I believe Cambridge can learn from the lessons of San Francisco.

Can we shape and utilize new development as an opportunity to stem the affordable housing crisis that has swallowed San Francisco? Is it too late? Do supply and demand laws not exist in a housing conversation? All questions, and myriad others, I suspect we will be asking each other as we work towards addressing this crisis in the coming term.

These articles make good reading and raise some great points on how to tackle these issues.

Sincerely,
Timothy J. Toomey, Jr.
City Councillor

3. A communication was received from Mayor Simmons, transmitting an amended Open Meeting Law Complaint filed by Hasson J. Rashid, P.O. Box 382313, regarding the commitment from Boston Properties regarding the MXD and KSURP plan.

HEARING SCHEDULE
Mon, Feb 1
5:30pm City Council Meeting (Sullivan Chamber)

Wed, Feb 24
5:30pm The City Council will conduct a public hearing to discuss a zoning petition filed by Peter L. Cohen, et al. to amend the Cambridge Zoning Ordinance to restrict garage development in dimensionally nonconforming lots. [Click here to view the petition] This hearing to be televised (Sullivan Chamber)

TEXT OF ORDERS
O-1 Feb 1, 2016
COUNCILLOR KELLEY
WHEREAS: There are currently several bills before the Massachusetts Joint Committee on Transportation that will expand protections for bicyclists and pedestrians of this and surrounding communities; and
WHEREAS: House Bill 3019, Senate Bill 1810 will protect bicyclists and pedestrians by requiring all large vehicles, such as the flatbed tractor-trailer truck that struck and killed Cambridge resident Anita Kurmann in August of 2015, to be equipped with sideguards and blind spot mirrors; and
WHEREAS: House Bill 3073, Senate Bill 1807 will protect “vulnerable users” – defined as pedestrians, bicyclists, skateboarders, scooter operators, and suchlike – traveling on public ways by requiring approaching motorists to slow down and pass only at a safe distance of not less than three feet; and
WHEREAS: Senate Bill 1809 will protect bicyclists by making it legal for them to occupy the crosswalk, and by expanding the protections for pedestrians in crosswalks to bicyclists as well; now therefore be it
RESOLVED: That the Cambridge City Council go on record in full support of H.3019/S.1810, H.3073/S.1807, and S.1809 as needed protections for area bicyclists; and be if further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to the Cambridge Legislative Delegation in the House and Senate as well as to the House and Senate Joint Committee on Transportation on behalf of the entire City Council.

O-2 Feb 1, 2016
COUNCILLOR TOOMEY
WHEREAS: The Volpe Transportation site presents a unique opportunity for the City of Cambridge and Kendall Square; and
WHEREAS: The rezoning of the site has proven to be complex for various reasons; and
WHEREAS: Community involvement during the process is important so that residents are in tune with both the vision being presented in the petition as well as the complexities of the process; and
WHEREAS: Abutting neighborhood groups have expressed interest in creating a Volpe Task Force with the City of Cambridge to better understand and provide feedback during the rezoning process; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager of Community Development with the intention of organizing a Volpe Task Force made up of representatives from abutting neighborhood groups and Kendall Square residents and businesses and to report back to the City Council.

O-3 Feb 1, 2016
VICE MAYOR MCGOVERN
COUNCILLOR DEVEREUX
WHEREAS: The City of Cambridge and the City Council are always looking for ways to effectively communicate with and inform the community regarding important meetings and events; and
WHEREAS: Many residents either do not have access to, or are not comfortable, using the internet and social media; and
WHEREAS: The Cambridge Public School District uses automated calls to inform public school parents and families of important school and district events, emergencies, and vital information; and
WHEREAS: This service has proved to be valuable and effective; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Information Technology Department and any other relevant City departments on ways the City of Cambridge can implement such a service with the goal of notifying residents of citywide and neighborhood events and meetings via automated calls or text messages; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding the possibility of implementing such a system.

O-4 Feb 1, 2016 (edited to correct name of bill)
COUNCILLOR CARLONE
COUNCILLOR MAZEN
COUNCILLOR DEVEREUX
WHEREAS: As city populations within the U.S. continue to increase, so does the need for innovative forms of transportation systems; and
WHEREAS: Bike sharing programs in the U.S. have proven to be a cost effective and an environmentally sound form of transportation; and
WHEREAS: The City of Cambridge has seen firsthand how the “Sharing Economy” and our Hubway Bike System can help commuters and visitors to easily and conveniently travel the city; and
WHEREAS: On Jan 7, 2016 Representative Earl Blumenauer (D-OR) and Representative Vern Buchanan (R-FL) introduced the Bikeshare Transit Act in the U.S. House of Representatives; and
WHEREAS: This legislation would make it easier for federal transit and highway programs to fund bike share systems and related improvements; and
WHEREAS: By clarifying that bike share projects are eligible for federal funds, the Bikeshare Transit Act will make it easier for communities to create and improve bike share systems; and
RESOLVED: That the City Council go on record in support of The Bikeshare Transit Act; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to The U.S. House of Representatives on behalf of the entire City Council.

O-5 Feb 1, 2016
COUNCILLOR DEVEREUX
COUNCILLOR CARLONE
VICE MAYOR MCGOVERN
WHEREAS: The World Health Organization is convening an emergency session on Feb 1, 2016 to discuss the “explosive spread” of the Zika virus in the Americas and whether to declare a public health emergency; and
WHEREAS: Cambridge has many residents of Central and South American heritage whose loved ones may live in regions affected by the Zika virus; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Public Health, the Cambridge Health Alliance, local hospitals and the medical community on appropriate strategies for public outreach, education, and support for residents who may be concerned about the Zika virus, and report back to the City Council in a timely manner.

O-6 Feb 1, 2016
VICE MAYOR MCGOVERN
COUNCILLOR DEVEREUX
WHEREAS: The City of Cambridge has an interest in protecting the residents of the City as well as those who work and serve here; and
WHEREAS: A widely documented opioid crisis is affecting the greater Boston area and beyond, including Cambridge; and
WHEREAS: The drug Naloxone, also known as Narcan, is an important tool for first responders in emergency situations involving opioid overdose; and
WHEREAS: Cambridge Police, who are often first on the scene of overdose situations, have expressed an interest in carrying Narcan, but have concerns regarding legal civil liability associated with administering the drug; and
WHEREAS: Two bills; House Bill 3944, An Act relative to substance use, treatment, education and prevention and Senate Bill 2022, An Act relative to substance abuse prevention; are progressing through the Massachusetts State legislature, each presents a variety of initiatives and amendments to law designed to effectively address drug addiction, and each includes the following language: “Any person who, in good faith, attempts to render emergency care by administering naloxone or any other opioid antagonist as defined in section 19B of chapter 94C to a person reasonably believed to be experiencing an opiate-related overdoes shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render this emergency care.;” and
WHEREAS: Both the House and the Senate find the administration of Narcan in emergency situations to be of sufficiently high value such that the same language protecting those administering the drug is included in the language of each bill; and
WHEREAS: Until this language protecting emergency administers of Narcan is codified, potential legal liability for responders in Cambridge could stand in the way of administering help to those in medical distress caused by opioids; now therefore be it
RESOLVED: That the City Council go on record supporting the expeditious adoption of these two bills so that Massachusetts can protect its first responders and be better prepared to address drug addiction and prevention; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the elected Cambridge delegation in the House and Senate as well as House Speaker Robert DeLeo and Senate President Stanley Rosenberg on behalf of the entire City Council.

O-7 Feb 1, 2016
COUNCILLOR DEVEREUX
MAYOR SIMMONS
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from the Clark family for a corner dedication in the vicinity of Concord Avenue and Corporal Burns Road in honor of Emory J. Clark; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for their review and approval.

O-8 Feb 1, 2016
COUNCILLOR DEVEREUX
COUNCILLOR CARLONE
COUNCILLOR MAZEN
MAYOR SIMMONS
WHEREAS: Cambridge continually strives to improve its pedestrian infrastructure to encourage people to walk more and drive less, which benefits peoples’ health and the environment; and
WHEREAS: Sandwich boards and A-frame signs, while representing helpful tools for businesses seeking to attract new customers, can create obstacles on sidewalks that can make it difficult for pedestrians to maneuver, especially those who are visually impaired or disabled; and
WHEREAS: A proliferation of sandwich boards and A-frame signs can contribute to visual clutter, which may actually defeat their intended purpose as advertising tools; and
WHEREAS: Sandwich boards and A-frame signs can also appear to undermine the stricter regulations that apply to commercial signage on buildings, especially in historic districts such as Harvard Square; and
WHEREAS: An increasing number of applications for sandwich boards and A-frame signs are coming before the Council for approval; and
WHEREAS: The City Council is regularly presented with applications for sandwich boards and Aframe signs that offer too little detail about the intended placement of the sign or the number of other sandwich board and A-frame signs in close proximity, making it difficult for the City Council to properly evaluate whether the sign is appropriate; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with appropriate City departments and to report back to the City Council on the current total number and locations of sandwich board and A-frame signs, details on the process and criteria for approval and annual renewal, details on the enforcement of non-compliant and unpermitted signs, whether the annual $75 fee remains appropriate, whether reasonable design guidelines could be encouraged or required in historic districts, and whether the application process could be improved to include more detail to better inform decision makers.

O-9 Feb 1, 2016
COUNCILLOR TOOMEY
WHEREAS: The United Nations Climate Change Conference Paris 2015 stated that climate change represents an urgent and potentially irreversible threat to human societies and the planet; and
WHEREAS: The City of Cambridge is a member of Cities for Climate Protection, an international consortium of communities working to reduce the emission of greenhouse gases; and
WHEREAS: Advances in vehicle automation and electric vehicle technologies hold tremendous promise for safer and more efficient vehicles and city streets, and vastly reduced carbon emissions; and
WHEREAS: The U.S. Department of Transportation has opened a Smart City Challenge to encourage mid-sized cities to submit proposals by Feb 4, 2016 on bold ideas to improve lives by making transportation safer, cleaner, easier, and more reliable; and
WHEREAS: Green Cambridge, Inc. has expressed strong and enthusiastic support for the City of Cambridge submitting a proposal for the U.S. Department of Transportation’s Smart City Challenge “Beyond Traffic” grant program; and
WHEREAS: The Grand Junction Railroad connects vital residential and commercial centers in the City of Cambridge, and if used for alternative modes of transportation, has great potential to encourage mode-shift and reduce traffic congestion in East Cambridge, Kendall Square, and Cambridgeport; now therefore be it
ORDERED: That the City Council go on record supporting a grant application by the City of Cambridge to the U.S. Department of Transportation Smart City Challenge, proposing the development of an automated, connected-vehicle transportation system that has the potential to significantly reduce greenhouse gas emissions; and be it further
ORDERED: That the Grand Junction Railroad be considered as the location of a pilot system, and that such a pilot system support and integrate the future Grand Junction Multi-use path.

O-10 Feb 1, 2016
MAYOR SIMMONS
ORDERED: The City Council is in receipt of an Amended Open Meeting Law complained filed by Hasson Rashid, P.O. Box 382313, Cambridge which appears under Communications and Reports from City Officers Number Three; now therefore be it
ORDERED: That the City Clerk, in consultation with the City Solicitor, draft a response regarding the attached Amended Open Meeting Law complaint for the City Council’s consideration, and that the City Solicitor request an extension from the Attorney General’s Division of Open Government so that the draft response may be considered and voted on by the City Council at its regular business meeting of Feb 22, 2016.

AWAITING REPORT LIST
16-1. That the City Manager is requested to confer with the City Solicitor regarding the various consumer protection measures that are available to Cambridge residents.
Councillor Carlone (O-6) from 12/21/2015

16-2. That the City Manager be and hereby is requested to work with the Department of Public Works and other relevant departments to determine how Cambridge residents can take full advantage of Mass Solar Loan Program
Vice Mayor McGovern, Councillor Cheung (O-2) from 1/11/2016

16-3. That the City Manager is requested to confer with the Assistant City Manager of Community Development and report back to the City Council with language that could create a Grand Junction Overlay District that would help to create incentives and ensure the completion of the Grand Junction Multiuse Path.
Councillor Toomey (O-6) from 1/11/2016

16-4. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation and the Police Commissioner to determine ways to remedy the traffic situation on Gore Street and report back to the City Council.
Councillor Toomey (O-7) from 1/11/2016

16-5. That the City Manager, in conjunction with the Director of the Cambridge Peace Commission and other relevant staff, is requested to explore a Sister City relationship with the City of Reykjavik, Iceland, in order to foster ties between the municipalities and report back to the City Council on the potential for establishing said relationship in a timely manner.
Mayor Maher (O-8) from 12/21/2015

16-6. That the City Manager is requested to coordinate with the appropriate City departments to report back with a rough estimate of capital and operating expenditures for a pilot City of Cambridge tool library for the year 2017.
Councillor Mazen, Councillor Carlone, Councillor Devereux (O-3) from 1/25/2016

16-7. That the City Manager is requested to report back to the City Council on the progress of contract negotiations with the Police and Fire Unions.
Councillor Cheung, Mayor Simmons, Vice Mayor McGovern (O-5) from 1/25/2016

16-8. That the City Manager is requested to confer with the Department of Public Works and the Community Development Department to work with Eversource and other power providers to plan and implement infrastructure improvements to fully support future development in Cambridge and further to confer with the appropriate departments to draft an amendment to the City’s Zoning Ordinance that would see projects needing a special permit undergo a power needs assessment as part of the permitting process.
Councillor Cheung, Councillor Devereux (O-8) from 1/25/2016