CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-15, regarding a report on new charges for HP parking at the Cambridge Health Alliance.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-09, regarding a report on any protections provided for solar energy installed by residents.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-08, regarding a report on the status of how long recipients of affordable housing have lived within Cambridge before receiving the housing.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $4,000 from General Fund Reserve Other Ordinary Maintenance account to the General Fund Historical Other Ordinary Maintenance account to cover the cost of transcription services for the Commission’s current oral history project "World War II and the Home Front."

5. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation that the City Council accept, pursuant to M.G.L. c44, s53A, the cash distribution in connection with the Attorney General’s Compact Disc Litigation Settlement under the terms approved by the Court in the amount of at least $300.00.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of contributions, totaling $1,000.00 from the Substance Abuse & Mental Health Service Administration and from a local liquor store following a 21 Proof training to the Grant Fund Human Services Other Ordinary Maintenance account to be used by the Cambridge Prevention Coalition to conduct a Town Hall Meeting on Underage Drinking in April 2008.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Nellie Mae Education Foundation Grant funded by the New England Literacy Resource Center for $20,000 to the Grant Fund Human Services Salary and Wages account of ($18,658.00) and to the Grant Fund Human Services Other Ordinary Maintenance account ($1,342.00) to support the Bridge Transition to College Program at the Community Learning Center.

8. Transmitting communication from Robert W. Healy, City Manager, relative to a supplemental appropriation to the Cambridge Housing Authority Computer Grant received from the U.S. Department of Housing and Urban Development and the Massachusetts Department of Housing and Community Development in the amount of $7,951.00 to the Grant Fund Human Service Programs Salary and Wages account ($7,206.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($745.00) which will allow the Community Learning Center to provide additional classes at 119 Windsor Street for Cambridge Housing Authority residents. The original grant award was $57,678.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of donations to the Multi-Service Center to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($4,579.40) in support of homeless clients of the Multi Service Center.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-07, regarding a report on the feasibility of working with the Middlesex County Sheriff for use of inmates in snow shoveling and other civic programs.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-11, regarding a report on increasing penalties for unshoveled sidewalks at non-owner occupied residential buildings and commercial property, and Awaiting Report Item Number 08-19, regarding the exploration of a pilot "sweep" program

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-01, regarding a report on enforcement of vehicles blocking intersections during snowstorms on Dec 13, 2007 and Dec 16, 2007.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-16, regarding a report on the status of the Occupancy Permits for the two residential buildings at the North Point development.

UNFINISHED BUSINESS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on Nov 18, 2004 for the purpose of considering proposed amendments to Chapter 2.74 of the Cambridge Municipal Code, the Police Review and Advisory Board Ordinance. The question comes on passing to be ordained on or after Feb 14, 2005. [Four sections of the proposed amendment were passed to be ordained as amended. Ordinance #1284. The remaining proposed amendments to chapter 2.74 remain on unfinished business.]

2. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 84 Wadsworth Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Six of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Simmons.]

3. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 360 Memorial Drive between 296 and 120 Vassar Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Seven of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Simmons.]

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-87, 07-83 and 07-138, regarding the status of putting the City’s self-evaluation on the website. [Charter Right exercised by Councillor Kelley on City Manager Agenda Item Number Sixteen of Dec 10, 2007. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Kelley.]

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Dec 12, 2007 for the purpose of considering a proposed amendment to Section 5.40 Special Dimensional Requirements of the Cambridge Zoning Ordinance by adding a new section 5.54 to protect solar energy systems. The question comes on passing to be ordained on or after Jan 28, 2008. Petition expires Mar 11, 2008.

APPLICATIONS AND PETITIONS
1. An application was received from Tim Hawk, requesting to modify existing curb cut at the premises numbered 38 R.C. Kelley Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area.

COMMUNICATIONS
1. A communication was received from the family of Paul F. Walker, transmitting thanks for the resolution.

2. A communication was received from Roy Bercaw, regarding the pariah speaks.

RESOLUTIONS
1. Thanks to Arnold Goldstein as he retires from his position as Vice President of the Board of Directors of the Central Square Business Association.   Councillor Davis

2. Resolution on the death of Private First Class Brandon Meyer.   Councillor Decker
3. Resolution on the death of Specialist Evan Marshall.   Councillor Decker
4. Resolution on the death of Joshua Young.   Councillor Decker
5. Resolution on the death of Sergeant Mikeal Miller.   Councillor Decker
6. Resolution on the death of Sergeant James Craig.   Councillor Decker
7. Resolution on the death of Staff Sergeant Robert Wilson.   Councillor Decker
8. Resolution on the death of Staff Sergeant Gary Jeffries.   Councillor Decker
9. Resolution on the death of Major Alan Rogers.   Councillor Decker

10. Congratulations to Luis Pena on becoming an American citizen.   Councillor Decker

11. Resolution on the death of Frank I. Sclafani.   Councillor Toomey

12. Resolution on the death of Helen Fennell.   Councillor Toomey

13. Resolution on the death of John Avakian Sr.   Councillor Maher

14. Resolution on the death of Mary Lou Crowley.   Councillor Maher

15. Happy 100th Birthday wishes to Mildred Parris.   Councillor Reeves

16. Resolution on the death of Michael H.T. Lynch.   Councillor Davis

17. Resolution on the death of Mary Helen (Smith) LaRocca.   Councillor Toomey

18. Resolution on the death of Edward G. Goulart.   Councillor Maher

19. Condolences to the city of Kirkwood, Missouri on the tragic loss of lives and serious injuries which occurred at the City Council meeting on Feb 7, 2008.   Councillor Davis

20. Welcome to Reverend Jesse Jackson to the St. Paul AME Church.   Mayor Simmons

21. Congratulations to Jonathan Greenberg and Heike Greenberg-Kremser on the birth of their child.   Councillor Davis

22. Resolution on the death of Dr. Edward A. Mason.   Councillor Davis

23. Resolution on the death of Jane Philbin Wood.   Vice Mayor Murphy

ORDERS
1. Amend Order-4 of Apr 12, 2004, (Dedication of a suitable location in honor of Elva Harrell) to establish Councillor Kenneth E. Reeves as its primary sponsor.   Councillor Reeves and Councillor Davis

2. That the City Council go on record urging the Cambridge legislative delegation to support SB 2423, the Global Warming Solutions Act.   Councillor Davis

3. That pursuant to MGL c.30b (Purchases of Massachusetts Agricultural Products), it is the stated preference of the City of Cambridge that all governmental bodies, including the city’s schools, make every effort to purchase agricultural products, grown or produced as part of a Massachusetts farming operation.   Councillor Davis, Councillor Kelley and Councillor Seidel

4. That the City Manager is requested to review the state and current use of City parks and to declare them, and mark them, off limits to active use as deemed appropriate for their long-term health during the "mud season."   Councillor Kelley

5. That the City Council go on record asking Just-A-Start to postpone its various hearings on its Windsor Street and Cambridge Street projects until Mar 18 until after the City Council has completed its housing discussion that is to commence on Mar 5, 2008 and ask the Planning Board and the Board of Zoning Appeals to delay decisions on permit applications until after the City Council has completed its housing discussion.   Councillor Kelley and Councillor Toomey  Amended

6. That the City Manager is requested to report back to the City Council on the method by which the Planning Board communicates its opinions to the Board of Zoning Appeal regarding cases to be heard by the Board of Zoning Appeal.   Councillor Kelley and Councillor Seidel

7. That the Chair of the City Council Housing Committee is requested to hold a public hearing at which members of the public, representatives of Harvard University and relevant City staff can explore this issue in order to help ensure that local residents’ reasonable expectations of having Harvard mitigate property damage due to its construction projects are met.   Councillor Kelley

8. That the City Manager is requested to review traffic patterns on Massachusetts Avenue from Porter Square to Arlington to determine if there are any median breaks where U-turns might be safe enough to be made legal.   Councillor Kelley and Councillor Decker

9. That the City Manager is requested to report back to the City Council on the regulations and policies regarding crossing guard duties and placement, along with a list of crossing guard locations.   Councillor Kelley

10. That the City Manager is requested to contact the Department of Conservation and Recreation and request that they promptly clean up the basin which is visible heading east on Memorial Drive near the Longfellow Bridge.   Councillor Maher

11. That the Cambridge City Council urge the Cambridge delegation to advocate for the passage of House Bill 1870, An Act to Create a Massachusetts Job Creation Commission.   Councillor Seidel

12. That the Mayor is requested to refer the 2007 Neighborhood Safety Task Force Report to the appropriate committee for action on those recommendations in this Council term.   Councillor Seidel

13. That the City Manager is requested to designate the appropriate City staff to organize an annual Fresh Pond Day to highlight sustainable practices, Fresh Pond’s natural resources, and also the City’s water treatment operations.   Councillor Davis

14. That the City Manager is requested to update the City Council on the status of the clearing of the underground Miller’s River pipes on the Northpoint site.   Councillor Toomey

15. That the City Manager is requested to confer with the Traffic, Parking and Transportation Department to update the City Council on the traffic calming options for Pemberton Street.   Councillor Toomey

16. That the City Manager is requested to confer with the CEO of the Cambridge Health Alliance to receive a status update on the OB\GYN services at the Windsor Street Clinic, a status update on the Windsor Street Clinic community advisory board, and whether midwives will be brought back to the Windsor Street Clinic, and in this interim period, if Windsor Street Clinic patients have access to midwifery services at other CHA sites.   Councillor Decker, Councillor Toomey and Mayor Simmons

17. That the City Manager is requested to report back to the City Council on policies and procedures in place to prevent employees from engaging in illegal activities while in the employment of the City of Cambridge.   Councillor Seidel

18. Dedication of an appropriate site in the vicinity of Willard and Foster Streets in honor of Paul R. Lawrence and Martha Stiles Lawrence.   Vice Mayor Murphy

19. That at the March 5 Housing Panel discussion, the City Council will request the Cambridge Affordable Housing Trust, non-profit development organizations, city staff and Cambridge Housing Authority to explain the process by which decisions are made with respect to the acquisition, rehabilitation, and siting of new projects. This explanation will include, but not be limited to, discussion of financial and geographical factors, building type, community need and the impact of projects on neighbors and abutters.   Councillor Toomey, Councillor Maher and Mayor Simmons

20. That the City Manager is requested to confer with the Assistant City Manager for Community Development with the view of utilizing Community Development planning staff to assist the Wellington/Harrington neighborhood to develop systems for communications with City departments, including the Police Department regarding their needs and concerns for their neighborhood.   Councillor Davis and Mayor Simmons

21. That the City Manager is requested to confer with the Assistant City Manager for Community Development to instruct the CDD Neighborhood Planners and any other departments to meet with residents of the Wellington/Harrington neighborhood as soon as possible to review whether a planning study is needed for this area.   Councillor Maher and Vice Mayor Murphy

22. That the City Manager confer with the City Solicitor to report to the City Council on the legal standard associated with the requirement to remove physical barriers when the removal is “readily achievable,” with example of types of barriers for which removal would be considered readily achievable and types which would not be so considered.   Vice Mayor Murphy

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a meeting held on Dec 12, 2007 for the purpose of considering a proposed amendment to Chapter 2.76 of the Cambridge Municipal Code "Human Rights Commission" to provide enforcement of provisions in the Americans with Disabilities Act (ADA) requiring the removal of architectural barriers, where the barriers are readily removable.

HEARING SCHEDULE
Mon, Feb 11
5:15pm   Special Presentation on behalf of the first statewide White Ribbon Day campaign  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 25
5:30pm   Roundtable Meeting discussion of City Council goals. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, Mar 3
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Mar 5
5:30pm   Special City Council Meeting for a roundtable discussion with a housing panel on the City’s overall housing policy, particularly the issues of density and the impact and compatibility of additional housing in the City’s neighborhoods. No public comment. No votes will be taken. Meeting will be televised.  (Sullivan Chamber)

Mon, Mar 17
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 24
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

Mon, May 12
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 2
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 9
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 16
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 23
5:30pm   City Council Meeting  (Sullivan Chamber)

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

TEXT OF ORDERS
O-1     Feb 11, 2008
COUNCILLOR REEVES
COUNCILLOR DAVIS
ORDERED: That City Council Order O-4 dated Apr 12, 2004 to dedicate a suitable location in honor of Elva Harrell, (a copy of which is attached), be and hereby is amended to establish Councillor Kenneth E. Reeves as its primary sponsor.

O-2     Feb 11, 2008
COUNCILLOR DAVIS
WHEREAS: Global warming is one of the biggest threats facing our commonwealth, and left unchecked, the changes to our climate caused by emissions of greenhouse gases into the atmosphere will have profound negative impacts on Massachusetts, the United States, and all nations of the world; and
WHEREAS: Massachusetts SB 2423, the Global Warming Solutions Act, calls for a science-based cap on greenhouse gas emissions, specifically reductions of 20% below 1990 levels by 2020 and 80% by 2050; now therefore be it
RESOLVED: That the City Council go on record urging the Cambridge legislative delegation to support SB 2423, the Global Warming Solutions Act; and be it further
RESOLVED: That the City Clerk be and hereby is requested to transmit a suitably engrossed copy of this resolution to the Cambridge legislative delegation to the Great and General Court of Massachusetts, as well as Senate President Murray, Speaker DiMasi, and Governor Patrick.

O-3     Feb 11, 2008
COUNCILLOR DAVIS
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
WHEREAS: The City of Cambridge is promoting eating fresh fruits and vegetables by all its residents and especially its children; and
WHEREAS: The freshest fruits and vegetables are those that are grown locally by Massachusetts farmers; and
WHEREAS: The Massachusetts state legislature has allowed local municipalities to express a local preference; now therefore be it
RESOLVED: That pursuant to MGL c.30b (Purchases of Massachusetts Agricultural Products), it is the stated preference of the City of Cambridge that all governmental bodies, including the city’s schools, make every effort to purchase agricultural products, grown or produced as part of a Massachusetts farming operation. This preference extends to stating such preference when any governmental body is advertising for bids or contracts for purchases of agricultural products of $25,000 or more.

O-4     Feb 11, 2008
COUNCILLOR KELLEY
WHEREAS: This winter’s weather has resulted in a succession of cold and then warm periods; and
WHEREAS: Such fluctuating weather makes the ground wet and soft, resulting in what is commonly called "mud season;" and
WHEREAS: City parks and other grassy areas are particularly vulnerable to long-term damage from active use during mud season and this damage can cost thousands of dollars to repair and result in parks not being available for use during the warmer months while they are fixed; now therefore be it
ORDERED: That the City Manager be and hereby is requested to review the state and current use of City parks and to declare them, and mark them, off limits to active use as deemed appropriate for their long-term health.

O-5     Feb 11, 2008  Amended
COUNCILLOR KELLEY
COUNCILLOR TOOMEY
COUNCILLOR MAHER (added)
COUNCILLOR SEIDEL (added)
WHEREAS: The City Council has scheduled a housing roundtable for Mar 5, 2008; and
WHEREAS: The City Council has asked the City Manager to investigate housing moratorium options in order to better analyze the City’s housing needs and policies without the pressure of impending development; and
WHEREAS: Just-A-Start Corporation has a Special Permit application to develop 16 units of housing on Windsor Street in Cambridge’s Wellington-Harrington area; and
WHEREAS: Just-A-Start Corporation is applying for a Special Permit to allow construction of 19 units of housing on Cambridge Street in Cambridge’s Wellington-Harrington area; and
WHEREAS: Just-A-Start’s mission of providing affordable housing in Cambridge is a valued one and one that requires a true partnership with Cambridge residents; now therefore be it
ORDERED: That the City Council go on record asking Just-A-Start to postpone its various hearings on the Windsor Street and Cambridge Street projects until March 18, 2008 until after the City Council has completed its housing discussion that is to commence on Mar 5, 2008; and be it further
ORDERED: That the City Council ask the Planning Board and the Board of Zoning Appeals to delay decisions on permit applications for Just-A-Start's Windsor Street and Cambridge Street projects until March 18, 2008 until after the City Council has completed its housing discussion that is to commence on Mar 5, 2008; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this Order to the Board of Zoning Appeals, the Planning Board and to the Executive Director of Just-A-Start.

O-6     Feb 11, 2008
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the method by which the Planning Board communicates its opinions to the Board of Zoning Appeal regarding cases to be heard by the Board of Zoning Appeal.

O-7     Feb 11, 2008
COUNCILLOR KELLEY
WHEREAS: Harvard University has carried out a massive construction project adjacent to residential buildings on Banks Street; and
WHEREAS: There is concern that Harvard’s large scale construction project resulted in significant damage to at least one neighboring house; and
WHEREAS: Neighbors feel that Harvard is not honoring its commitment to mitigate its project’s damage to their property; and
WHEREAS: Neighbors of large scale construction projects in Cambridge, whether by Harvard or any other party, reasonably expect that the City, as the permitting and oversight body for these projects, will help protect property owners’ valid interests, both during a project and after its completion; now therefore be it
ORDERED: That the Chair of the City Council Housing Committee be and hereby is requested to hold a public hearing at which members of the public, representatives of Harvard University and relevant City staff can explore this issue in order to help ensure that local residents’ reasonable expectations of having Harvard mitigate property damage due to its construction projects are met.

O-8     Feb 11, 2008
COUNCILLOR KELLEY
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to review traffic patterns on Massachusetts Avenue from Porter Square to Arlington to determine if there are any median breaks where U-turns might be safe enough to be made legal.

O-9     Feb 11, 2008
COUNCILLOR KELLEY
WHEREAS: The Cambridge Police Department is responsible for providing crossing guards at various school crossing during the school year; and
WHEREAS: There are various crosswalks where parents are concerned over the lack of a crossing guard, to include Massachusetts Avenue at Garfield Street, Kinnaird Street by the Martin Luther King School and Broadway at Prospect Street; and
WHEREAS: It is difficult to discuss parents’ safety concerns without a better understanding of the placement and duties of crossing guards throughout the City; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the regulations and policies regarding crossing guard duties and placement, along with a list of crossing guard locations.

O-10     Feb 11, 2008
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to contact the Department of Conservation and Recreation and request that they promptly clean up the basin which is visible heading east on Memorial Drive near the Longfellow Bridge.

O-11     Feb 11, 2008
COUNCILLOR SEIDEL
WHEREAS: Massachusetts has been ranked 49th in job creation nationally; and
WHEREAS: As of July 2007 Massachusetts is still 100,000 jobs below the peak employment level and has trailed its 10 economic competitor states and each of the New England states in job creation; and
WHEREAS: Massachusetts suffered the deepest job losses in the nation after the bust of the tech boom in 2001, losing 6% of jobs compared with 2% nationally; and
WHEREAS: Job losses since 2001 have also taken a substantial toll on less educated and lower income adults and families; and
WHEREAS: The Private Industry Council has publicly testified that there is a major job crisis in terms of a lack of entry level jobs for young people, including those who have graduated from high school; and
WHEREAS: The changing economy will offer employment opportunities at all income levels in newly developing fields such as "green jobs;" now therefore be it
RESOLVED: That the Cambridge City Council urge the Cambridge delegation to advocate for the passage of House Bill 1870, An Act to Create a Massachusetts Job Creation Commission; 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 Cambridge delegation on behalf of the City Council.

O-12     Feb 11, 2008
COUNCILLOR SEIDEL
WHEREAS: The City Council requested in August 2006 that the Mayor and City Manager to "convene a special task force on neighborhood safety;" and
WHEREAS: That task force, named the Cambridge Neighborhood Safety Task Force, convened in calendar year 2007 and issued a report in that same year; and
WHEREAS: That report offers a series of recommendations around employment, policing and community response; and
WHEREAS: Issues around crime, violent crime, and youth crime have not changed substantially since the issuance of that report; now therefore let it be
ORDERED: That the Mayor is hereby requested to refer the 2007 Cambridge Neighborhood Safety Task Force Report to the appropriate committee for action on those recommendations in this Council term.

O-13     Feb 11, 2008
COUNCILLOR DAVIS
WHEREAS: Springtime is a good time to celebrate the natural and water resources at Fresh Pond; and
WHEREAS: Springtime is also the time we celebrate Rachel Carson’s birthday; and
WHEREAS: People from other parts of the city may never have visited Fresh Pond or learned about the City’s water treatment plant; now therefore be it
WHEREAS: That the City Manager be and hereby is requested to designate the appropriate City staff to organize an annual Fresh Pond Day to highlight sustainable practices, Fresh Pond’s natural resources, and also the City’s water treatment operations; and be it further
ORDERED: That the organizers of Fresh Pond Day include school children and people of all ages and provide transportation citywide to Fresh Pond.

O-14     Feb 11, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to update the City Council on the status of the clearing of the underground Miller’s River pipes on the Northpoint site.

O-15     Feb 11, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department to update the City Council on the traffic calming options for Pemberton Street.

O-16     Feb 11, 2008
COUNCILLOR DECKER
COUNCILLOR TOOMEY
MAYOR SIMMONS
WHEREAS: In July of 2007, the Cambridge Health Alliance eliminated OB\GYN services at the Windsor Street Clinic; and
WHEREAS: In January 2008, the Cambridge Health Alliance has taken steps by adding one session a week of a family medicine physician who specializes in women’s health at the Windsor Street Clinic; and
WHEREAS: In 2007, 120 births originated at the Windsor Street Clinic under the care of a mid-wife due to the elimination of OB/GYN doctors at the Clinic; and
WHEREAS: The Cambridge Health Alliance has made a policy decision to replace OB/GYN doctors with Family Medicine physicians; and
WHEREAS: The Cambridge Health Alliance has adopted a policy to only allow mid-wives to provide services under the supervision of onsite OB/GYN doctors; and
WHEREAS: In other health care facilities and hospitals, mid-wives do provide care to pregnant women under the supervision of medical doctors who are not OB/GYN doctors; and
WHEREAS: Due to the CHA’s policy and the shortage of OB/GYN doctors in the Health Alliance and the policy decision to not hire or transfer OB/GYN doctors to the Windsor Street Clinic, there will not be Midwifery services available on site; and
WHEREAS: Massachusetts, like the rest of the nation, demonstrates significant health disparities; and
WHEREAS: In 1999, about 67% of black and Hispanic women receive adequate prenatal care compared to 83% of white women; and
WHEREAS: It is of vital importance that all residents of the Cambridge community have equal access to adequate prenatal care; and
WHEREAS: The Windsor Street Clinic currently does not have midwives available to their patients; and
WHEREAS: According to the American College of Nurse Mid-wives, 90% of visits to midwives are now for primary, preventive care, including gynecology; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the CEO of the Cambridge Health Alliance to receive a status update on the OB\GYN services at the Windsor Street Clinic, a status update on the Windsor Street Clinic community advisory board, and whether midwives will be brought back to the Windsor Street Clinic, and in this interim period, if Windsor Street Clinic patients have access to midwifery services at other CHA sites.

O-17     Feb 11, 2008
COUNCILLOR SEIDEL
WHEREAS: Recent arrests for drug dealing by City employees during work hours using city-owned vehicles has heightened concerns over criminal activity in the City of Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on policies and procedures in place to prevent employees from engaging in illegal activities while in the employment of the City of Cambridge.

O-18     Feb 11, 2008
VICE MAYOR MURPHY
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Willard and Foster Streets in honor of Paul R. Lawrence and Martha Stiles Lawrence; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-19     Feb 11, 2008
COUNCILLOR TOOMEY
COUNCILLOR MAHER
MAYOR SIMMONS
ORDERED: That at the March 5 Housing Panel discussion, the City Council will request the Cambridge Affordable Housing Trust, non-profit development organizations, city staff and Cambridge Housing Authority to explain the process by which decisions are made with respect to the acquisition, rehabilitation, and siting of new projects. This explanation will include, but not be limited to, discussion of financial and geographical factors, building type, community need and the impact of projects on neighbors and abutters.

O-20     Feb 11, 2008
COUNCILLOR DAVIS
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development with the view of utilizing Community Development planning staff to assist the Wellington/Harrington neighborhood to develop systems for communications with City departments, including the Police Department regarding their needs and concerns for their neighborhood; and be it further
ORDERED: That said planning staff assist the neighborhood to develop a system for effective communications between Just-A-Start and the neighborhood residents.

O-21     Feb 11, 2008
COUNCILLOR MAHER
VICE MAYOR MURPHY
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to instruct the CDD Neighborhood Planners and any other departments to meet with residents of the Wellington/Harrington neighborhood as soon as possible to review whether a planning study is needed for this area.

O-22     Feb 11, 2008
VICE MAYOR MURPHY
ORDERED: That the City Manager confer with the City Solicitor to report to the City Council on the legal standard associated with the requirement to remove physical barriers when the removal is “readily achievable,” with example of types of barriers for which removal would be considered readily achievable and types which would not be so considered; and be it further
ORDERED: That the City Manager confer with the Assistant City Manager for Community Development and the Assistant City Manager for Human Services to direct the appropriate staff to work with the Chamber of Commerce and other business associations to ensure that local businesses understand their responsibilities and what assistance may be available to them in meeting these responsibilities.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public hearing on Wed, Dec 12, 2007, beginning at five o’clock and two minutes p.m. in the second floor conference room at 344 Broadway, Cambridge. The hearing was held for the purpose of considering a proposed amendment to Chapter 2.76 of the Cambridge Municipal Code "Human Rights Commission" (Attachment A) to provide enforcement of provisions in the Americans with Disabilities Act (ADA) requiring the removal of architectural barriers, where the barriers are readily removable.

Present at the meeting were Councillor Brian Murphy, Chair of the Committee; Councillor Henrietta Davis; Councillor E. Denise Simmons; City Clerk D. Margaret Drury; Ellen Semonoff, Assistant City Manager for Human Services; Donald Drisdell, City Solicitor; Michael Muehe, Executive Director of the Commission on Persons with Disabilities (CPWD); Laura Brelsford, Chair, CPWD; Don Summerfield, Commissioner, CPWD; Quoc Tran, Executive Director of the Human Rights Commission; Tom Gilbert, 15 Western Avenue, Apt 506; Jim Brooks, City Life, Brighton; Kathy Podgers, Citizens for Feasible Compliance, Pearl Street; Marilyn Wellons, Green Street; Roy Bercaw, 85 Prescott Street.

Councillor Murphy convened the hearing and stated the call of the meeting. He invited Michael Muehe, Executive Director of the CPWD to present the proposed amendments. Mr. Muehe said that the Americans with Disabilities Act (ADA) requires the removal of physical barriers from places of public accommodation, where the removal is readily achievable. Since the ADA was passed in 1990, many business people in Cambridge have removed barriers. Many have taken advantage of the Cambridge Community Development financial assistance program for improvements to facades and accessibility. However, the Commission still gets many calls from persons with disabilities who cannot access stores and services because of barriers that should have been removed, under the ADA standard of "easily accomplished without significant expense."

Mr. Muehe explained that the proposed amendment would not establish any new obligations with respect to barrier removal; rather it would provide an effective local enforcement tool for existing obligations. Thus the amendment would significantly strengthen the civil rights of persons with disabilities in Cambridge.

The committee then heard from Quoc Tran, Executive Director of the Human Rights Commission. Mr. Tran stated that the Human Rights Commission is prepared to accept this responsibility. The overall nature of the work is quite similar to what the staff and commission already do. Mr. Tran said that the additional duties would not require any additional allocations to the Human Rights Commission budget.

At this time, Councillor Murphy invited testimony from members of the public.

Don Summerfield, 237 Franklin Street, member of the Commission on Persons with Disabilities, spoke in support of the proposed amendment.

Laura Brelsford, 16 Elmer Street, Chair, Commission on Persons with Disabilities, stated that physical barriers are a very real problem in Cambridge. She frequently finds that she cannot get through the door of a store with her wheelchair, because the doorway is too narrow, or there is one step at the threshold. Ms. Brelsford said that the law is already there, the problem is the lack of a realistic enforcement mechanism. Adding this language to the Municipal Code will provide a mechanism for complaints to be resolved more quickly to the benefit of the citizen and the business.

Tom Gilbert, 15 Weston Avenue #506, member of the Somerville Disabilities Commission, stated that the Somerville Commission fully supports the City of Cambridge in making this change to allow local enforcement.

Jim Brooks, City Life, Brighton, said that he first came to this area in 1975 and that he service as Executive Director of the Boston Center for Persons with Disabilities from 1989 until 1993. He remembers when the ADA was enacted. In order for him to live independently, he needs to be integrated into the community and to have the ability to get into food stores and pharmacies. The proposed ordinance change would make it much easier for people with disabilities to achieve the integration into the community that allows them to live full and independent lives.

Kathy Podgers, Pearl Street, said that historically society has tended to isolate persons with disabilities. This continues to be a serious problem. Like other categories of persons who suffer discrimination, persons with disabilities often have no recourse. She and her service dog have faced a great deal of discrimination. There is nothing in the Human Rights Ordinance that allows her to file a complaint against city employees for this discrimination. She tried and was refused. Her phone calls were not returned. She cannot use a motorized chair because she is too disabled. It feels like she has broken arms and legs when the chair goes over bumps. That is why she has a service dog. Ms. Podgers stated that she objects to section (d), which limits the proposal to entities under Title 3 blocking access. She also described new regulations being considered by the Massachusetts Commission Against Discrimination.

Roy Bercaw, Prescott Street, stated that he submitted a letter on the issue (Attachment B) to the City Council at its Dec 10, 2007 meeting and the letter was referred to this petition. He stated that there are a lot of disabilities that are not physical, and the City has refused to pay attention to these disabilities. He has encountered a lot of opposition by the Human Rights Commission with respect to the unlawful acts of discrimination by city employees. He said that not one disabled person was appointed to serve on the recently appointed Neighborhood Safety Task Force. People with disabilities were excluded from the forums on police profiling. Mr. Bercaw emphasized that the ADA specifically states that no one disability is more important than any other.

John Kelly, Boston, member of Neighborhood Access Boston, stated that this proposal represents one of the most exciting opportunities for improvement of the quality of life for disabled persons.

Marilyn Wellons, Green Street, stated that she has come to understand more about the issues faced by persons with disabilities through her friendship with Kathy Podgers. She deplored the frequency of city employee references to persons with disabilities as "mental." She expressed her distress that the City is not covered by this proposed amendment. Access to the City Hall handicapped entrance is repeatedly blocked. This is not a matter of a battle of wills; it is a matter of law. She just came from a transportation planning meeting where there was very inadequate planning for persons with disabilities. The City needs to address these issues very seriously.

Councillor Davis asked why the proposed amendment is limited to Title 3. Donald Drisdell, City Solicitor responded that Title 3 of the ADA is the chapter that regulates places of public accommodation, private businesses providing services to the public. This proposed amendment is designed to provide local enforcement for the removal of barriers to the accessibility of these stores and services to disabled persons in the community. It is designed to mirror what is already provided in the ADA.

Councillor Simmons asked about the plans to inform the business community of the change and how the City will discern what entities do or do not need to make changes.

Councillor Murphy made the following motion:
ORDERED: That the City Manager confer with the City Solicitor to report to the City Council on the legal standard associated with the requirement to remove physical barriers when the removal is "readily achievable," with example of types of barriers for which removal would be considered readily achievable and types which would not be so considered; and be it further
ORDERED: That the City Manager confer with the Assistant City Manager for Community Development and the Assistant City Manager for Human Services to direct the appropriate staff to work with the Chamber of Commerce and other business associations to ensure that local businesses understand their responsibilities and what assistance may be available to them in meeting these responsibilities.

The motion passed on a voice vote without objection.

Councillor Davis moved that the proposed ordinance be forwarded to the full City Council with a favorable recommendation. The motion passed without objection.

Councillor Murphy thanked all those present for their participation. The meeting was adjourned on motion of Councillor Davis at five o’clock and forty-seven minutes p.m.

For the Committee
Councillor Brian Murphy, Chair

AWAITING REPORT
08-01. Report from the City Manager: See Mgr #12
RE: report on enforcement statistics for traffic control during storms so that cars do not block intersections.
Councillor Davis 12/17/07 (O-5)

08-02. Report from the City Manager:
RE: report on lighting the mural on the Alewife MBTA building.
Councillor Davis and Full Membership 01/14/08 (O-2)

08-07. Report from the City Manager: See Mgr #10
RE: report on using inmates to assist in snow shoveling, landscape maintenance and other relevant activities.
Councillor Kelley and Full Membership 01/14/08 (O-12)

08-08. Report from the City Manager: See Mgr #3
RE: report on how long recipients of affordable housing have lived in Cambridge before receiving the housing and how many recipients have never lived in Cambridge.
Councillor Toomey 01/14/08 (O-13)

08-09. Report from the City Manager: See Mgr #2
RE: report on any protections, by ordinance, regulation or other mechanism, for solar energy systems installed by residents.
Councillor Davis 01/14/08 (O-16)

08-11. Report from the City Manager: See Mgr #11
RE: report on increasing the fee for unshoveled commercial properties.
Councillor Toomey and Full Membership 01/28/08 (O-3)

08-12. Report from the City Manager:
RE: report on reduction in service at Lechmere Station.
Councillor Toomey and Full Membership 01/28/08 (O-6)

08-13. Report from the City Manager:
RE: report on frequent delays on the Route 69 bus from Lechmere to Harvard Square.
Councillor Toomey and Full Membership 01/28/08 (O-7)

08-14. Report from the City Manager:
RE: report on the condition of the bridge leading into Lechmere Station.
Councillor Toomey and Full Membership 01/28/08 (O-8)

08-15. Report from the City Manager: See Mgr #1
RE: report on new charges for HP parking at the Cambridge Health Alliance.
Councillor Toomey and Full Membership 01/28/08 (O-9)

08-16. Report from the City Manager: See Mgr #13
RE: report on the status of the Occupancy Permits for the two residential buildings at the North Point development.
Councillor Maher 01/28/08 (O-13)

08-17. Report from the City Manager:
RE: report on determining the Redevelopment Authority’s land holdings in the East Cambridge and Kendall Square area and what plans and thoughts they have for future development.
Councillor Toomey and Full Membership 02/04/08 (O-3)

08-18. Report from the City Manager:
RE: report on the methods to provide long-term protection for Joan Lorentz Park.
Councillor Toomey and Full Membership 02/04/08 (O-4)

08-19. Report from the City Manager:
RE: report on exploring a pilot "sweep" program to enforce snow and ice on sidewalks.
Councillor Maher and Full Membership 02/04/08 (O-5)

08-20. Report from the City Manager:
RE: report on sudden increase of meters that need to be repaired.
Councillor Toomey and Full Membership 02/04/08 (O-7)