Cambridge City Council meeting - February 29, 2016

Cambridge City Council meeting - February 29, 2016 - AGENDA
Councillor Devereux was ABSENT

CITY MANAGER'S AGENDA
1. A communication transmitted from Richard C. Rossi, City Manager, relative to the appointment of the following persons as Constable Without Power for a term of three years, effective the first day of January, 2016: James E. Jones and Christopher L. Rickman.

2. A communication transmitted from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 16-5, regarding exploring a Sister City relationship with the City of Reykjavik, Iceland.

3. A communication transmitted from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 16-7, regarding contract negotiations with the Police and Fire Unions.

CHARTER RIGHT
1. That the City Manager is requested to report back to the City Council on the progress made in acquiring the Vail Court property, including a financial impact statement and a plan to move forward in acquiring this property through eminent domain. [Charter Right exercised by Councillor Mazen on Feb 22, 2016.]
Adopted 6-0-2-1 (Devereux, Simmons ABSENT, Mazen PRESENT)

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. [Placed On The Table on a motion of Councillor Cheung on Jan 25, 2016.]

3. That the City Manager be and hereby is requested to coordinate with the Clerk’s Office and the appropriate departments to implement within three months an electronic public comment display in the Sullivan Chamber, listing the speaker’s name and affiliation as well as a timer. [Placed On The Table as Amended by Councillor Mazen on Jan 25, 2016.]

4. An application was received from Anne Duggan, requesting permission for a curb cut at the premises numbered 41 Gibson Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. No response has been received from the Neighborhood Association. [Placed On The Table on a motion of Councillor Carlone on Feb 22, 2016.]

UNFINISHED BUSINESS
5. 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.]

APPLICATIONS AND PETITIONS
1. A petition was received from Massachusetts Institute of Technology, requesting permission for twenty-five banners on poles along Massachusetts Avenue from Memorial Drive to Vassar Street and six banners on poles along Broadway from Longfellow Bridge to Third Street to publicize the upcoming MIT celebration of their move from Boston to Cambridge 100 years ago.
Adopted

COMMUNICATIONS
1. A communication was received from Nancy Ryan, 4 Ashburton Place, regarding the Volpe Petition.

3. A communication was received from Florrie Wescoat and Maggie Booz, Co-chairs, Cambridge Committee on Public Planting, regarding the Bamboo ordinance.

4. A communication was received from Keren Schlomy, 175 Richdale Avenue, regarding the solar resolution.

5. A communication was received from Lee Farris for the Cambridge Residents Alliance, 269 Norfolk Street, regarding the Volpe Petition.

6. A communication was received from Amy Jarvis, 87 River Street #6, regarding Memorial Drive closure April 29.

7. A communication was received from Jack Boesen, 25 Suffolk Street, regarding the Volpe Petition.

8. A communication was received from Christopher Cassa, regarding measurements for 5th and Gore Streets.

9. A communication was received from Michael Brandon, regarding draft revisions to the City Council Rules.

10. A communication was received from Hasson J. Rashid, regarding a draft model of Homeless Trust Fund.

11. A communication was received from Anne Duggan, 41 Gibson Street, relating to a curb cut application at 41 Gibson Street.

12. A communication was received from John Pitkin, 18 Fayette Street, on behalf of the Sierra Club supporting Policy Order #3.

13. A communication was received from Hasson Rashid, 820 Massachusetts Avenue, relating to a home rule petition to establish a Homeless Trust Fund and Vail Court.

2. Congratulations and best wishes to Jeff Weiss on assuming the role of President of Lesley University in July, 2016. Councillor Cheung, Councillor Devereux

5. Resolution on the death of Elaine A. (Lawrence) Livingston. Councillor Toomey

7. Congratulations to the Psi Omega Chapter of Kappa Alpha Kappa on 90 years of remarkable service to mankind. Mayor Simmons

8. Congratulations to the African American Heritage Alliance on the unveiling of a memorial quilt which will illuminate the unique history and vital contributions of African Americans in Cambridge through the creation and dissemination of an historic trail, educational materials, and programs for residents and visitors. Mayor Simmons

9. Congratulations to Shanti on the occasion of its grand opening in Kendall Square. Councillor Cheung

ORDERS
1. That the City Manager is requested to confer with the City Solicitor, the City Assessor and the Community Development Department to prepare a Municipal Transfer Tax Ordinance and, if required, appropriate Home Rule Petition, to implement a municipal transfer tax on real estate transactions in the City of Cambridge such that the value of a real estate transaction not less than $1 million be taxed on a sliding scale based on said transaction value, with proceeds being earmarked for affordable housing initiatives in the City, and to report back to the City Council. Councillor Toomey
Referred to Housing Committee - Toomey

2. That the City Manager is requested to confer with the Department of Public Works, the Traffic, Parking, and Transportation Department, and other appropriate City personnel to determine what new measures must be implemented in order to prevent school buses and other large vehicles from accessing Magee Street. Mayor Simmons
Adopted

3. City Council support of Massachusetts House Bill 2871, "AN ACT RELATIVE TO GAS LEAK REPAIRS DURING ROAD PROJECTS." Vice Mayor McGovern, Mayor Simmons, Councillor Mazen, Councillor Cheung
Adopted

4. That the City Manager is requested to direct the City Solicitor to prepare a legal opinion on whether the Peter Cohen zoning petition is reverse spot zoning and whether the petition puts the City at risk. Vice Mayor McGovern
Adopted 6-2-1 as Amended [Kelley, Maher - NO; Devereux ABSENT]

5. That the City Manager is requested to form a special working group that will be tasked with developing a framework for the continued stewardship, curatorship and oversight of the Out of Town Kiosk in Harvard Square. Councillor Maher, Mayor Simmons, Councillor Cheung, Vice Mayor McGovern
Charter Right - Carlone

6. That the City Manager is requested to hold a public meeting earlier than the scheduled Mar 31, 2016 meeting to update residents on the changes and process going forward on preparations for the reconstruction of the King Open School. Councillor Toomey
Adopted

7. Encourage the Cambridge Retirement Board to approve a 3% Cost of Living Adjustment at the Apr 4, 2016 Board Meeting for Cambridge retirees. Councillor Toomey
Adopted

8. The City Council would like to initiate negotiations with City Manager Richard C. Rossi to discuss interest in his continued employment with the City and to discuss the terms and conditions of any such continued employment that may be agreed upon. Mayor Simmons, Vice Mayor McGovern
Adopted 8-0-1

9. That the City Council go on record opposing the decision to eliminate late night MBTA service and asking for the MBTA Control Board to reconsider. Councillor Toomey
Adopted 8-0-1

HEARING SCHEDULE
Mon, Feb 29
5:30pm City Council Meeting (Sullivan Chamber)

Thurs, Mar 3
5:00pm The Finance Committee will conduct a public hearing to discuss the FY16 Budget and FY17 budget process. (Ackermann Room)

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

Thurs, May 5
9:00am The Finance Committee will conduct a public hearing to discuss the FY2017 City Budget. This hearing to be televised. (Sullivan Chamber)

Tues, May 10
6:00pm The Finance Committee will conduct a public hearing to discuss the FY2017 School Department Budget. This hearing to be televised. (Sullivan Chamber)

Thurs, May 12
9:00am The Finance Committee will conduct a public hearing to discuss the FY2017 City Budget. This hearing to be televised. (Sullivan Chamber)

Mon, May 16
4:00pm 2016 Scholarship Award Ceremony (Sullivan Chamber)
5:30pm City Council Meeting (Sullivan Chamber)

Tues, May 17
9:00am The Finance Committee will conduct a public hearing to discuss the FY2017 City Budget (if necessary). This hearing to be televised. (Sullivan Chamber)

Mon, May 23
5:30pm City Council Meeting - Budget Adoption (Sullivan Chamber)

TEXT OF ORDERS
O-1 Feb 29, 2016
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor, the City Assessor and the Community Development Department to prepare a Municipal Transfer Tax Ordinance and, if required, appropriate Home Rule Petition, to implement a municipal transfer tax on real estate transactions in the City of Cambridge such that the value of a real estate transaction not less than $1 million be taxed on a sliding scale based on said transaction value, with proceeds being earmarked for affordable housing initiatives in the City, and to report back to the City Council no later than Apr 4, 2016.

O-2 Feb 29, 2016
MAYOR SIMMONS
WHEREAS: A number of residents living on Magee Street have alerted the City Council to the fact that school buses and other large vehicles attempting to navigate down their narrow street lack sufficient room to do so without putting residents’ vehicles, which are parked on either side of the street, at risk of being damaged, and this is something that has happened on multiple occasions over the past few years; and
WHEREAS: Magee Street residents have alerted representatives of the Department of Public Works and the Traffic, Parking and Transportation Department, as well as representatives of the Eastern Bus Company, about this issue on multiple occasions, and these residents report that the problem has not been resolved; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Public Works, the Traffic, Parking, and Transportation Department, and other appropriate City personnel to determine what new measures must be implemented in order to prevent school buses and other large vehicles from accessing Magee Street, and to report back to the City Council in a timely manner.

O-3 Feb 29, 2016
VICE MAYOR MCGOVERN
MAYOR SIMMONS
COUNCILLOR MAZEN
COUNCILLOR CHEUNG
WHEREAS: Massachusetts House Bill 2871 “An Act Relative to Gas Leak Repairs During Road Projects” would require the repair of all gas leaks when a road is opened up for a significant repair of the road or of any underground utility or other infrastructure; and
WHEREAS: H.2871 calls on utility companies that provide gas to survey a project area for the presence of gas leaks; and
WHEREAS: H.2871 would require all gas leaks to “be repaired within 12 months of the date the leak was classified”; and
WHEREAS: H.2871 would further require Grade 1 leaks, which are considered the most dangerous and pose the greatest threat, to be repaired immediately; and
WHEREAS: H.2871 would require that the repair and replacement schedule of gas leaks be provided to the “municipality or the commonwealth or other entity”; and
WHEREAS: The City Council passed Policy Order #44 on Feb 23, 2015 strongly supporting Massachusetts House Bill 2870, an “An Act Relative to Protecting Consumers of Gas and Electricity from paying for Leaked and Unaccounted for Gas (UFG)” when it was known as House Docket number 1773; now therefore be it
RESOLVED: That the Cambridge City Council strongly supports House Bill 2871 and urges the Massachusetts Legislature to take action to support this measure to repair gas leaks during road projects; 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 Legislative Delegation in the House and the Senate as well as House Speaker Robert A. DeLeo, Senate President Stanley C. Rosenberg, House Majority Leader Ron Mariano, Chair of the Joint Committee on Telecommunications, Utilities, and Energy Thomas A. Golden, Jr. and to the Governor on behalf of the entire City Council.

O-4 Feb 29, 2016 Amended
VICE MAYOR MCGOVERN
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to prepare a legal opinion on ~~whether~~ the ~~Peter~~ Cohen ~~zoning~~ petition ~~is reverse spot zoning and whether the petition puts the City at risk~~; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council in two weeks with the legal opinion.

O-5 Feb 29, 2016
COUNCILLOR MAHER
MAYOR SIMMONS
COUNCILLOR CHEUNG
VICE MAYOR MCGOVERN
WHEREAS: Harvard Square continues to be a major destination and hub for shopping, dining, entertainment and sightseeing, attracting residents and visitors from surrounding cities and towns and those from around the world; and
WHEREAS: The Harvard Square Business Association, which hosts its 106th Annual Meeting on Mar 4, 2016, has been promoting commerce in Harvard Square for all of its 106 years and has a proven track record of working closely and partnering with residents, students, neighborhood groups, Harvard University and the City of Cambridge; and
WHEREAS: The Association has been thoughtful in proposing enhancements to the Square that aim to make visiting the Square more interesting for the public than ever before; and
WHEREAS: The City of Cambridge has already taken the important step of appropriating $500,000 in the current fiscal year to conduct an engineering study of the Out of Town Kiosk and surrounding plaza and has further committed $2 million in FY ‘17 and $2 million in FY18 to undertake the full restoration of the Kiosk building and plaza; and
WHEREAS: Upon completion, the newly envisioned kiosk will be repurposed to better meet the changing needs of residents and visitors alike with enhanced communal features and uses including preserving the historic and iconic Kiosk, improving pedestrian safety and access, increasing open space and greenery, and adding state-of-art information and technology; now therefore be it
ORDERED: That the City Manager be and hereby is requested to form a special working group that will be tasked with developing a framework for the continued stewardship, curatorship and oversight of the historic Kiosk; and be it further
ORDERED: That the City of Cambridge and the Harvard Square Business Association develop a public/private partnership that will thoughtfully and purposefully continue efforts to support and promote commerce in Harvard Square while being good stewards of the public space by managing the fiscal and programmatic aspects of this important and iconic space.

O-6 Feb 29, 2016
COUNCILLOR TOOMEY
WHEREAS: Preparations for the reconstruction of the King Open have begun; and
WHEREAS: Some changes to the construction plan have not been relayed to the community since the last public meeting; and
WHEREAS: Residents have expressed concern over rodent activity, loss of basketball courts, loss of recreational areas, and loss of parking spaces along Cambridge Street; and
ORDERED: That the City Manager be and hereby is requested to hold a public meeting earlier than the scheduled Mar 31, 2016 meeting to update residents on the changes and process going forward.

O-7 Feb 29, 2016
COUNCILLOR TOOMEY
WHEREAS: The Cambridge Retirement Board will be considering a Cost of Living Adjustment (COLA) for Cambridge retirees at its Apr 4, 2016 Board Meeting; and
WHEREAS: The Social Security Administration announced that there will be a no increase to Social Security; now therefore be it
ORDERED: That the City Council go on record encouraging the Cambridge Retirement Board to approve a 3% Cost of Living Adjustment at the Apr 4, 2016 Board Meeting; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge Retirement Board on behalf of the entire City Council.

O-8 Feb 29, 2016
MAYOR SIMMONS
VICE MAYOR MCGOVERN
WHEREAS: The employment agreement between the City and City Manager Richard C. Rossi requires the City to inform Mr. Rossi if the City intends to continue his employment beyond June 30, 2016, to give written notice to Mr. Rossi of such intention on or before March 1, 2016, and to initiate negotiations for a successor employment contract, which contract, if agreed to, shall become effective July 1, 2016; now therefore be it
ORDERED: That in accordance with the contract, the City Council hereby notifies Mr. Rossi that it intends to continue his employment beyond June 30, 2016; and be it further
ORDERED: That the City Council would like to initiate negotiations with Mr. Rossi to discuss interest in his continued employment with the City and to discuss the terms and conditions of any such continued employment that may be agreed upon; and be it further
ORDERED: That this matter be referred to the Government Operations, Rules and Claims Committee.

O-9 Feb 29, 2016
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the City Council that the MBTA Control Board has decided to end late night service starting March 19, 2016; now therefore be it
ORDERED: That the City Council go on record opposing the decision to eliminate late night MBTA service and asking for the MBTA Control Board to reconsider; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the MBTA control board on behalf of the entire City Council.

AWAITING REPORT LIST
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. [See Mgr #2]
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. [See Mgr #3]
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

16-9. Report on organizing a Volpe Task Force made up of representatives from abutting neighborhood groups and Kendall Square residents and businesses.
Councillor Toomey (O-2) from 2/1/2016

16-10. Report 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 (O-3) from 2/1/2016

16-12. Report 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 (O-8) from 2/1/2016

16-13. Report on the study The Benefits Of a wellbeing index and plan for how it might be incorporated into various City planning processes, including the city wide Master Plan.
Councillor Carlone, Vice Mayor McGovern (O-6) from 2/22/2016

16-14. Report on the possibility of closing two lanes to cars (one in each direction) on Memorial Drive on Apr 29, 2016, in celebration of the 10th anniversary of Walk/Ride Days, and the kick-off of the 5th Annual Walk/Ride Day Corporate Challenge.
Councillor Mazen, Councillor Devereux, Mayor Simmons (O-17) from 2/22/2016

16-15. Report on issues raised concerning the curb cut application for 41 Gibson Street.
Councillor Maher (O-18) from 2/22/2016