Cambridge City Council meeting - March 5, 2018 - AGENDA
CITY MANAGER'S AGENDA
1. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the transfer of $135,000 from the General Fund Library Salary and Wages account to the General Fund Library Other Ordinary Maintenance account to cover contract costs associated for the two HVAC maintenance and repair contracts; Associated Mechanical and Control Technologies.
Adopted 9-0
CHARTER RIGHT
1. That the City Manager is requested to consult with the appropriate City personnel to determine why there continues to be significant audio and video difficulties during live internet broadcasts of City Council meetings, how these difficulties can be resolved. [Charter Right exercised by Councillor Simmons as Amended.]
Order Adopted as Amended by Substitution 9-0
Calendar Item # 1 Mar 5, 2018
COUNCILLOR SIMMONSWHEREAS: The City of Cambridge has long been invested in making it as easy as possible for residents and those interested in viewing City Council meetings to do so via broadcasting these meetings on television and on the City’s website; and
WHEREAS: Within the past two years, the City has invested a great deal of resources in upgrading our ability to broadcast our City Council meetings, yet the online broadcasts continue to be plagued by various technical difficulties, which have continued to frustrate the efforts of those wishing to view our meetings online; now therefore be it
WHEREAS: The streaming difficulties persist even when the end-user has a strong internet connection and seem to occur primarily and consistently during the live broadcast and not after the meeting concludes when the video is available for replay; and
WHEREAS: Many large cities across Massachusetts including Boston, Brookline, Medford, Brockton, and Springfield simulcast their live City Council meetings on YouTube, a free-to-use live-streaming platform with virtually unlimited bandwidth, so as to ensure the feed does not become overloaded during the meeting; and
WHEREAS: 22-Cityview is already operating a YouTube channel for the City with over 200 videos and the Cambridge FY18 budget states that “with an eye towards increasing viewership and embracing the many ways that people receive information, we will present all produced content across myriad broadcast platforms – Channel 22, the Department website, and our YouTube channel”; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate City personnel to place a contact number on the City Council’s website for the public to call when experiencing difficulties in viewing City Council meetings online; and be it further
ORDERED: That the City Manager be and hereby is requested to work with 22-Cityview to explore the possibility of simulcasting live streams of City Council meetings on YouTube or an equivalent free-to-use live-streaming platform with sufficiently high bandwidth; and be it further
ORDERED: That the City Manager be and hereby is requested to consult with the appropriate City personnel to determine why there continues to be significant audio and video difficulties during live internet broadcasts of City Council meetings, how these difficulties can be resolved, and to report back to the City Council in a timely manner.
2. That the City Manager be and hereby is requested to confer with relevant City departments to create additional Safety Zones for safer streets. [Charter Right exercised by Councillor Simmons as Amended.]
Adopted 9-0
Calendar Item # 2 Mar 5, 2018
COUNCILLOR ZONDERVAN
VICE MAYOR DEVEREUXWHEREAS: The City’s recently adopted Vision Zero Action Plan will create much needed safety zones which will lower the speed limit to 20 MPH in the five major squares in accordance with Massachusetts General Laws Chapter 90, Section 18B; and
WHEREAS: The Vision Zero Action Plan also calls for exploring additional safety zone locations and “including safety zones in the toolbox of traffic calming solutions” over the course of the next three years; and
WHEREAS: Recent close calls, accidents, and fatalities in our City have highlighted the need for more immediate intervention and the urgent creation of safety zones not only in the five major squares, but also more broadly across the city including (but not limited to) areas containing schools, parks, youth centers, small residential streets, senior centers, senior housing, public housing, or anywhere else in close proximity to land-uses serving vulnerable populations; and
WHEREAS: In 2016, the City Council voted in support of posting advisory speed limit signage to encourage that motor vehicles travel at a speed lower than that which is required by law, but no further action was taken on the matter and the concept of advisory speed limit signage was not included in the Vision Zero Action Plan; and
WHEREAS: The Cambridge Police Department recently received a $50,000 grant to support and supplement speed enforcement and traffic safety; and
WHEREAS: Research has shown that increasing the enforcement of speed limits and other traffic laws reduces crash rates and traffic injuries; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with City Staff to explore the possibility of accelerating the timeline for establishing safety zones on roads adjacent to land-uses serving vulnerable populations, including (but not limited to) the aforementioned examples, from a 3 year goal to something more immediate in accordance with Chapter 90, Section 18B; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with all relevant City staff and departments to examine the feasibility of posting advisory signage to broadly encourage slow speeds in areas serving vulnerable populations; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with all relevant City staff and departments to examine the feasibility of increasing enforcement of our traffic laws prominently and immediately, including but not limited to stronger enforcement of: running red lights in safety zones, illegal right turns on red, speeding, and failure to yield to pedestrians at crosswalks.
3. That the City Manager is requested to direct the City Solicitor to draft language for a home rule petition for a Cambridge Right of First Refusal Legislation. [Charter Right exercised by Councillor Simmons.]
Failed 3-6 [Carlone, Siddiqui, Zondervan - YES; Devereux, Kelley, Mallon, McGovern, Toomey - NO]
Note: Motion to amend by inserting Carlone's (Somerville) language Failed 2-7 [Carlone, Zondervan - YES; Devereux, Kelley, Mallon, McGovern, Siddiqui, Toomey - NO]
Calendar Item # 3 Mar 5, 2018
COUNCILLOR CARLONE
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN
COUNCILLOR SIDDIQUI
WHEREAS: State Representative Denise Provost is the lead sponsor of House Bill 3017, An Act to Preserve Affordable Housing Through a Local Option Tenant's Right to Purchase; and
WHEREAS: Representative Provost’s bill was not successfully passed through committee, leaving cities to find solutions to the affordable housing crisis; and
WHEREAS: The Cambridge Legislative Delegation, including State Senator Pat Jehlen, State Representative Mike Connolly, State Representative Marjorie Decker and State Representative Dave Rogers, are all signed on as sponsors to said bill; and
WHEREAS: The City of Cambridge recently promoted the idea of tenant’s right of first refusal as part of their affordable housing strategy but no substantive measures have been taken thus far in city government; and
WHEREAS: The City of Cambridge and the entire region is facing an affordable housing crisis; and
WHEREAS: The Right of First Refusal bill represents an opportunity for home ownership and limited displacement at no cost to property owners; and
WHEREAS: Cities such as Washington D.C. have enacted similar legislation that provides renters an opportunity to become homeowners; and
WHEREAS: Cities in Massachusetts have the right to file home rule petitions for innovative measures not yet considered by the State; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to draft language for a home rule petition for a Cambridge Right of First Refusal Legislation.
UNFINISHED BUSINESS
4. A communication transmitted from Louis A. DePasquale, City Manager, relative to the Final Landmark Designation Report for the Hovey & Markham Cottages as follows: Property located at 40 Cottage Street. See renumbered Agenda item #2 and #8 on 2/12/2018, formerly Agenda item #1A and #1B on 2/12/2018.
Placed on File
COMMUNICATIONS
1. A communication was received from Paul Nugent, regarding Bike Lanes.
2. A communication was received from Nancy Ryan for Cambridge Residents Alliance, regarding Two Policy Orders on Housing to be considered on Mon 2/26/2018.
3. A communication was received from Peter Valentine, regarding Law of the Land.
4. A communication was received from Peter Valentine, regarding participation on Council meetings.
5. A communication was received from Robert J. La Tremouille, regarding Environmental Concerns.
6. A communication was received from Carolyn Moore, regarding Car crash due to bike Lanes.
7. A communication was received from Abra Berkowitz, 253 1/2 Broadway, regarding Home Rule Petition for Right of First Refusal.
8. A communication was received from Steven Nutter, Executive Director Green Garage, regarding Support of Alewife Working Group.
9. A communication was received from Richard Fries, Executive Director, MassBike, regarding Alewife Bridge.
10. A communication was received from Megan Brook, regarding Inman Square Agenda.
11. A communication was received from Ann Robert, 55 Alpine Street, regarding Policy Orders #17, #18 and #7.
12. A communication was received from Cambridge Bicycle Safety Core Team, regarding Policy Order Alewife Bridge/Rail Stop.
13. A communication was received from Rob Clark, 33 Wheeler Street, regarding Alewife Pedestrian Bridge.
14. A communication was received from Sheli Wortis, 106 Berkshire Street, regarding support of Policy Order #17 and #18 of 2/26/2018 meeting.
15. A communication was received from Nate Fillmore, 13 Marcella St #3 Street, regarding Seniors to the re-convened Cambridge Stakeholder Group.
16. A communication was received from Barbara C. Bogar, 29 Irving Street, regarding Policy Order for Working Group.
17. A communication was received from Sarah Deihl, 25 Wheeler Street, regarding Policy Order #7.
18. A communication was received from Sylvia Barnes, Harvey Street, regarding Support of Policy Order #7.
19. A communication was received from Ann Fleck-Henderson, Richdale Avenue, regarding Support for Policy Order #17 and #18.
20. A communication was received from Ruthann Rudel, regarding Alewife area Pedestrian Bridge.
21. A communication was received from Barbara Anthony, regarding Policy Order passed on 2/12 Working Group.
22. A communication was received from Persis McClennen, 16 Bond Street, regarding Bike Lanes.
23. A communication was received from Beverly Mire, 12 Hilliard Street, regarding Bike Lanes.
24. A communication was received from Leslie Jeng, 43 Appleton Street, regarding Bike Lanes.
25. A communication was received from Kathy Holmes, 141 Oxford Street, regarding Bike Lane Working Group.
26. A communication was received from Robert McCarthy, 1697 Cambridge Street, regarding Bike Lane Working Group.
27. A communication was received from Maria Lindberg, 97 Trowbridge Street, regarding Bike Lanes.
28. A communication was received from Carol Shea, 393 Broadway, regarding Working Group and Bike Lanes.
29. A communication was received from Mathew Budd, regarding Traffic Patterns.
30. A communication was received from Susan Rioff, 45 Lexington Avenue, regarding Bike Lane.
31. A communication was received from Lynn Cetrulo, regarding Bike Lanes.
32. A communication was received from Annette Benedetto, regarding Bike Working Group.
33. A communication was received from Margaret Beucler, 37 Cottage Street, regarding Landmark Designation of 40 Cottage Street.
34. A communication was received from Agenss Currie, 39 Cottage Street, regarding Landmark Designation of 40 Cottage Street.
35. A communication was received from Peter Dublin, 24 Chilton Street, regarding Entertainment Fee.
36. A communication was received from Mary K. Eliot, 18A Maple Avenue, regarding Bike Lanes.
37. Communication received from Dominick Jones, 6 Hurlbut Street, regarding Communications and Report from Other City Officers and that the legislation has nothing to do with affordability or rents.
38. Communication received from Ron Axelrod, 26 Shepard Street, regarding the Right of First Refusal legislation is not a model for Cambridge.
39. Communication received from Lenore and Skip Schloming, 102R Inman Street, in opposition to the Right of First Refusal proposal.
40. Communication received from Rosalind Michahelles, 6 Hurlbut Street, in opposition to the Right of First Refusal proposal.
41. Communication received from Megan Brook, 103 Inman Street, urging the City Council not to vote in favor of the Right of First Refusal proposal.
42. Communication received from Denise Jillson, 2203 Massachusetts Avenue, relating to the Right of First Refusal legislation that will have an impact on the financial security of the City and affect the City’s bond rating.
43. Communication received from Kathy Watkins, 90 Fawcett Street, in support of the Right of First Refusal legislation.
44. Communication received from Rita Guastella, 127 Reed Street, in opposition to the legislation relating to the Right of First Refusal.
45. Communication received from Linda Levine, 26 Mt. Auburn Street, urging the City Council not to pass the Right of First Refusal legislation.
46. Communication received from Rich Parritz, 8 Oakview Terrace, Boston, President of the Small Property Owners Association, expressing concerns about the Right of First Refusal legislation and its impact on small property owners.
47. Communication received from Eric Nugent, 163 Magazine Street, regarding the Right of First Refusal legislation and the where is the research and or study that it is working in Washington, D.C.
48. Communication received from Irma Bickerstaff, 6 Notre Dame Avenue, regarding the proposed legislation and that it is not about affordable housing and more about taking property from property owners and forcing sales to non-profits.
49. Communication received from Lee Farris, 269 Norfolk Street, transmitting the support of the Cambridge Residents Alliance for the Right of First Refusal legislation.
50. Communication received from Carol O’Hare, 172 Magazine Street, regarding the Right of First Refusal legislation being a bureaucratic nightmare.
51. Communication received from Ruth Ryals, 115 Upland Road, regarding the Right of First Refusal legislation is wrong, incredibly divisive and that this should not be passed.
52. Communication received from Karin C. Weller, 12 Humboldt Street, raising concerns and questions about the Right of First Refusal legislation.
53. Communication received from Jason Alves, Executive Director, East Cambridge Business Association, expressing concerns with the Right of First Refusal legislation as it pertains to business leases and how this would be handled in a mixed-use building.
54. Communication received from Alan Savenor, 71 Martin Street, regarding the Right of First Refusal legislation is a regulation that penalizes property owners for a problem that the City created with their continued approval of commercial development.
55. Communication received from Patrick W. Barrett, III, 41 Pleasant Street, in opposition to the Right of First Refusal legislation and including his comments on the legislation.
56. Communication received from Dawna Carrette, Small Property Owners Association, outlining all issues that small landlords are facing.
57. Communication received from Dura Winder, 36 Sherman Street, expressing concern that the Right of First Refusal is taking away ownership rights and constitutional rights.
58. Communication received from Kenneth Eisenberg, 200 Hampshire Street, in support of the Right of First Refusal legislation.
59. Communication received from Charles Franklin, 162 Hampshire Street, in opposition to the Right of First Refusal legislation and that this legislation is fundamentally flawed.
RESOLUTIONS
1. Resolution on the closing of Ryles Jazz Club. Councillor Toomey
2. Resolution on the death of Lynn Hinerman. Vice Mayor Devereux
3. Retirement of John Ciampa from the Board of Directors of the Community Action Agency of Somerville. Councillor Toomey
4. Resolution on the death of Roland Eugene Lachance. Councillor Toomey
5. Resolution on the death of William "Bill" Noble. Councillor Mallon, Councillor Simmons
6. Speedy Recovery wishes to Jimmy Smith. Councillor Simmons
7. Congratulations and thanks to Exceptional Lives for their work in providing information to parents and caregivers of children and adults with developmental disabilities. Councillor Kelley
8. Congratulations and best wishes to the Garment District on their celebration of thirty-two years of being in business. Councillor Toomey
9. Resolution on the death of Shirley A. Bonvie. Councillor Toomey
10. Resolution on the death of Henry L. "Hank" "Swink" Slonina. Councillor Toomey
11. Resolution on the death of Katherine E. Marco. Councillor Toomey
12. Resolution on the death of Alice Raulinaitis. Councillor Toomey
13. Resolution on the death of Jean Owens. Councillor Toomey
14. Resolution on the death of Dolores F. Belinski. Councillor Toomey
15. Resolution on the death of Maryanne E. Witham. Councillor Toomey
16. Resolution on the death of Manuel Antonio. Councillor Toomey
ORDERS
1. That the City Manager is requested to confer with the Traffic, Parking & Transportation Department, the License Commission, and any other City departments about the possibility of re-evaluating the fees associated with community block parties, specifically entertainment fees for unpaid, local musicians. Vice Mayor Devereux, Councillor Mallon, Councillor Siddiqui
Order Adopted
2. That the City Manager is requested to instruct the Community Development Department to apply on behalf of the City of Cambridge for the Housing Choice Designation before the Apr 30, 2018 deadline. Councillor Siddiqui, Vice Mayor Devereux, Councillor Mallon
Order Adopted
3. That the City Manager is requested to confer with the City Solicitor, Attorney General and District Attorney to investigate the possibility of Cambridge joining this national suit against opioid manufacturers and distributors. Councillor Kelley, Vice Mayor Devereux, Councillor Siddiqui, Councillor Carlone, Councillor Zondervan, Councillor Mallon
Order Adopted
4. That the City Manager is requested to consult with the appropriate City staff and the MBTA to discuss the maintenance issues of the Harvard Square MBTA station public restroom. Vice Mayor Devereux, Councillor Kelley
Order Adopted
5. That the City Manager is requested to confer with the Assistant City Manager of Community Development, the Director of Communications and Community Relations, or any other relevant City department with the view in mind of producing a document that can be presented at the City Council Housing Committee to provide a better perspective on the City's current efforts to address the housing issues facing Cambridge. Councillor Toomey, Councillor Mallon, Councillor Siddiqui
Order Adopted
6. That the City Manager be and hereby is requested to provide the City Council with an Inman Square Reconstruction Project Timeline. Councillor Zondervan, Councillor Kelley
Order Adopted
7. That the City Manager is requested to report back to the City Council on the City’s plans for incorporating dock-less bikes into its urban mobility opportunities, to include licensing, contractual and liability issues; and that said report be transmitted to the Transportation and Public Utilities Committee for a public hearing on the issue of a dock-less bikeshare system. That the Transportation and Public Utilities Committee be and hereby is requested to schedule a public hearing on the future of dock-less bikes in Cambridge. Councillor Kelley, Councillor Siddiqui
Order Adopted as Amended
8. That the City Council, City Manager, and City Staff are requested to work as quickly as possible to enact the necessary laws and regulations, including zoning and licensing of retail cannabis establishments, in order to implement the state law in a manner that addresses the racial and economic injustices of the past. Councillor Zondervan, Councillor Siddiqui
Order Adopted as Amended
9. The City Manager is requested to direct staff from the Community Development Department and the Department of Public Works to provide the License Commission, before its public hearing on Mar 14, 2018, with all relevant information on the increased potential for flooding at 317 Fresh Pond Parkway, a recommendation on whether storing additional hazardous and flammable materials should be permitted and what additional training can be required for all facility managers where hazardous materials are stored. Vice Mayor Devereux, Councillor Kelley
Order Adopted
COMMUNICATIONS AND REPORTS FROM OTHER CITY OFFICERS
1. A communication was received from City Clerk, Donna P. Lopez, transmitting a communication from Councillor Carlone, submitting draft language on "AN ACT TO PRESERVE AFFORDABLE HOUSING IN THE CITY OF CAMBRIDGE THROUGH A TENANT'S RIGHT TO PURCHASE".
Referred to Calendar Item #3
[Note: Motion to amend Calendar Item #3 by inserting Carlone's (Somerville) language Failed 2-7 [Carlone, Zondervan - YES; Devereux, Kelley, Mallon, McGovern, Siddiqui, Toomey - NO]
AN ACT TO PRESERVE AFFORDABLE HOUSING IN THE CITY OF CAMBRIDGE THROUGH A TENANT’S RIGHT TO PURCHASE
SECTION 1. (a) For the purposes of this act, unless the context clearly requires otherwise, the following words shall have the following meanings:
“Bona fide offer,” a good faith offer, not dependent upon potential changes to current zoning or conditions or contingencies relating to the potential for, or the potential extent of development of the property for residential, industrial or commercial use, made by a party unaffiliated with the owner for a fixed consideration payable upon delivery of the deed. The owner shall have the burden of proof to establish that an offer of sale is a bona fide offer.
“Housing accommodation,” a building or buildings, structure or structures, or part thereof, rented or offered for rent for living or dwelling purposes, including, without limitation, houses, apartments, condominium units, cooperative units and other multifamily residential dwellings, but excluding a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure, transitional housing; publicly-assisted housing as defined in section 1 of chapter 40T of the General Laws, rental units in any hospital, skilled nursing facility, or health facility, public housing units managed by the local housing authority; federal public housing units that are subsidized and regulated under federal laws to the extent such applicable federal laws expressly preempt the provisions of this section, any units held in trust on behalf of a developmentally disabled individual who permanently occupies the unit, or will occupy the unit upon turning 22 years of age, or a unit that is permanently occupied by a developmentally disabled parent, sibling, child, or grandparent of the owner of that unit, and any rental unit that is owned or managed by a college or university for the express purpose of housing students, faculty, or staff.
''Immediate family member'', a spouse, child, step child, adopted child, sibling, step sibling, adopted sibling, parent, step parent, adopted parent, grandparent, or grandchild.
“Notice of intended sale,” a written notice in a form approved by the City of Cambridge which shall include: (i) a certified copy of an executed purchase and sale agreement specifying the purchase price and all terms and conditions of the proposed sale, and which shall be a bona fide offer as defined herein, and (ii) a notice of tenant’s rights provided by this act.
“Owner,” a person, firm, partnership, corporation, trust, organization, limited liability company, or other entity, or its successors or assigns, that holds title to a housing accommodation.
“Registered tenant association,” a group or entity representing at least 51 percent of the households occupying the housing accommodation which has the legal capacity to hold an interest real property, and has delivered a registration statement attesting to same, on a form approved by the City of Cambridge, to the City of Cambridge’s Office of Housing Division and the Office of the City Manager or their designee by hand or by certified mail. Upon delivering such a statement, which must occur within 45 days after the day following the latest date of deposit in the United States mail of any notice of intended sale which complies with this act, such association shall be the sole representative of the tenants, and any prior notice of intended sale is deemed delivered to such association;
“Sale”, “Sell”, or “Sold,” any conveyance or transfer of an interest in the real property comprising part or all of the housing accommodation, excepting the following: eminent domain takings, mortgage deeds; deeds to or by the city or town in which such land is located; deeds which correct, modify, supplement or confirm a deed previously recorded; deeds between husband and wife and parent and child when no consideration is received; tax deeds; deeds releasing any property which is a security for a debt or other obligation; deeds for division of property between owners without monetary consideration; foreclosures of mortgages and conveyances by the foreclosing parties; deeds made pursuant to a merger of a corporation or by a subsidiary corporation to its parent corporation for no consideration other than the cancellation and surrender of capital stock of such subsidiary which do not change beneficial ownership; property transferred into a revocable trust for no consideration where the grantor is the current beneficiary of the trust; property transferred by the trustee of a revocable trust if the transfer would otherwise be excluded under this act if made by the grantor of the revocable trust; transfer pursuant to court order or court-approved settlement; and property transferred by devise or otherwise as a result of death. A nonexempt transfer subsequent to any exempt transfer or transfers shall be subject to the provisions of this act.
“Tenant,” a person or group of persons entitled to possess or occupy the housing accommodation pursuant to a lease or tenancy at will, the right to occupy having been established for no less than six months at the time of delivery of the notice of intended sale of a housing accommodation. If the housing accommodation is vacant at the time of delivery of the notice of intended sale a “tenant” shall include such a person or group of persons who had resided in the unit within the time period of twelve months prior to the date on which any advertisement, listing, or public notice is first made that the housing accommodation is for sale, provided that the tenant was not evicted for cause.
(b) Notwithstanding anything to the contrary, this act shall not apply to the following types of housing accommodations: (i) a housing accommodation comprised of 2 separate units each of which is owner-occupied, and (ii) a housing accommodation comprised of 2 separate units one of which is owner-occupied, the other unit of which is occupied by an immediate family member who has resided in said unit for at least 6 months at the time of the sale.
SECTION 2. Tenant Opportunity to Purchase
(a) Notwithstanding any general or special law to the contrary, in the City of Cambridge, before a housing accommodation may be sold, the owner shall give a notice of intended sale to each tenant, and to any registered tenant association, of any bona fide offer that the owner intends to accept for such sale. Such notice shall be mailed by regular and certified mail, with a simultaneous copy to the City of Cambridge’s Housing Division and the Office of the City Manager, or their designee. If a housing accommodation contains more than one household unit, the owner shall also post a copy of such notice in a conspicuous place in a common area of the housing accommodation. If the notice of intent to sell does not contain all of the required material stated above, then the tenant, registered tenant association, or their assignee, within 30 days after receipt, shall notify the owner in writing that notice is insufficient and does not comply.
(b) Beginning with the day following the latest date of deposit in the United States mail of any notice which complies with this section, the tenant, registered tenant association, or their assignee, and the City of Cambridge or its assignee, shall have, in the case of a bona fide offer, a right of first refusal to meet a bona fide offer to purchase the housing accommodation, which shall run for the period of days as set forth in section 3 of this act. Said right created herein shall inure to the tenant, registered tenant association, or their assignee, and the City of Cambridge or its assignee, for the time periods provided in this act. No sale of a housing accommodation shall occur unless and until the owner receives documentation in a form approved by the City of Cambridge demonstrating there has been compliance with the notice requirements of this act, and either the right to purchase has been exercised, assigned, or lapsed.
(c) During the time periods provided herein for the exercise of any right to purchase, the tenant, registered tenant association, or their assignee shall have the right at reasonable times and upon reasonable notice, to enter upon the housing accommodation for the purpose of inspecting or testing the land and premises. No owner shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with a tenant, registered tenant association, or their assignee who have made an offer to meet the price and substantially equivalent terms and conditions of a bona fide offer for which notice is required to be given pursuant to this act. The parties must bargain in good faith. The following constitute prima facie evidence of a failure to bargain in good faith: (i) failure of an owner to offer a price or term at least as favorable as that offered to a third party, within the periods specified in this act without a reasonable justification for so doing; (ii) failure of an owner to contract in a manner which substantially conforms with the price and terms of a third party contract within the time periods specified in this act without a reasonable justification for so doing; or (iii) intentional failure of a party to comply with the provisions of this act. Nothing herein shall be construed to require an owner to provide financing to a tenant, registered tenant association, the City of Cambridge, or their assignee.
(d) A tenant or registered tenant association, or the City of Cambridge, which has the right to purchase hereunder, at its election, may assign its purchase right hereunder to a qualified, eligible entity as defined by city ordinance or regulation for the purpose of continuing the use of the housing accommodation as permanently affordable rental housing. If the right has been assigned, the assignor shall provide written notice of the assignment, on a form acceptable to the City of Cambridge, to the owner, mailed by regular and certified mail, with a simultaneous copy to the City of Cambridge’s Housing Division and the Office of the City Manager, or their designee.
(e) If there is a subsequent bona fide offer after the owner has delivered its notice of intended sale as required under this act that results in a material change, or if the terms of a third-party contract to purchase the housing accommodation materially change between the time an offer of sale is made and the sale of the housing accommodation, then the owner shall first give each tenant, registered tenant association, and the City of Cambridge a new notice of intended sale which shall be subject to the rights set forth in this act. For the purposes of this subsection, a “material change” shall include, without limitation, a change in the purchaser or a reduction in the sale price of 10 percent or more. An owner shall not be required to deliver a new notice of intended sale if there is an increase in the sale price.
(f) A tenant, registered tenant association, the City of Cambridge, or its assignee holding a right to purchase the housing accommodation under this act, shall have the right to purchase the housing accommodation at full and fair market value, and at its option such value may be determined by an impartial appraisal performed by a certified appraiser hired at the equal expense of both the tenant, registered tenant association, the City of Cambridge, or their assignee, and the owner. The City of Cambridge may adopt qualification criteria for eligible appraisers. The appraisal shall be completed and delivered to the parties within 30 days after the notice of the intended sale. Upon determination of the value, the tenant, registered tenant association, or their assignee shall then have 120 days to exercise its option at said value. During the appraisal process, the owner may revoke the intent to sell at any time and with no recourse to either party except that the owner shall reimburse the tenant, tenant organization, or their assignee for its entire share of the cost of any contracted-for appraisal within 14 days of delivery of a written notice to withdraw the notice of intended sale.
(g) In any instance where the tenant, registered tenant association, the city of Cambridge, or their assignee are not the purchaser of the housing accommodation, the owner shall provide evidence of compliance with this section by filing an affidavit of compliance with the City of Cambridge’s Housing Division, on a form approved by the City of Cambridge, and in the records of the registrar of deeds in the county where the property is located within 7 days of the sale.
(h) In any instance where an owner intends to sell, convey, or otherwise transfer an interest in a housing accommodation but asserts that the proposed transaction does not require the owner to deliver a notice of intended sale under this act, the owner shall first file a notice of transfer on a form approved by the City of Cambridge. Such notice shall be mailed by regular and certified mail at least 90 days prior to the proposed date of sale to any tenant or registered tenant association which would otherwise be entitled to a notice of intended sale under this act, with a simultaneous copy to the City of Cambridge’s Housing Division and the Office of the City Manager, or their designee. An owner’s failure to provide a notice of transfer shall create a rebuttable presumption that the sale is subject to the right to purchase provided by this act. A tenant or registered tenant association, the City of Cambridge, or their assignee may seek a judicial determination as to whether the proposed sale is subject to the right to purchase under this act, by filing a civil action within 30 days of receipt of the notice of transfer.
SECTION 3. Statement of Interest; Exercising Right to Purchase.
(a) Housing accommodations with 2 or 3 units.
(1) The following provisions apply to a housing accommodation comprised of 2 or 3 rental units: (a) For a period of 30 days after the day following the latest date of deposit in the United States mail of any notice of intended sale which complies with this act, the tenants or its assignee, shall have the option to jointly provide the owner and the City of Cambridge’s Housing Division or its designee, mailed by regular and certified mail, with a statement of interest which shall be a written notice in a form approved by the City of Cambridge which shall include: a clear expression of interest on the part of the tenant to exercise the right to purchase as provided by this act, provided that if the tenants acting jointly have failed to submit a written statement of interest, an individual tenant shall have 7 additional days to deliver a statement of interest in the same manner set forth in this clause, and provided further, that if an individual tenant has failed to submit a written statement of interest, the City of Cambridge or its assignee shall have 7 additional days to deliver a statement of interest in the same manner set forth in this clause. (b) If a written statement of interest has been mailed in accordance with this section, the parties shall have no less than 90 days from the date of the mailing of the statement of interest to negotiate and execute a purchase and sale agreement. If more than one individual tenant submits a written statement of interest, the owner shall negotiate with each tenant separately, or jointly if the tenants agree to negotiate jointly. For every day of delay in providing information by the owner as required by this act, the negotiation period is extended by 1 day. If, at the end of the 90-day period or any extensions thereof, the tenants jointly have not contracted with the owner, the owner shall provide an additional 30-day period, during which any one of the current tenants may contract with the owner for the purchase of the housing accommodation. If the owner is required to negotiate with more than one tenant pursuant to this section, the owner may decide which contract is more favorable without liability to the other tenants. (c) Any purchase and sale agreement shall provide a reasonable period of time of not less than 90 calendar days from the execution of the agreement in order for the tenant to secure financing and financial assistance. If a lending institution or agency estimates in writing that a decision with respect to financing or financial assistance will be made within 120 days after the date of contracting, the owner shall afford an extension of time consistent with that written estimate. (d) If 240 days elapse from the date of the owner’s mailing of the notice of intended sale and the owner has not sold or contracted for the sale of the housing accommodation, the owner shall comply anew with the terms of this act.
(b) Housing accommodations with 4 or more units.
The following provisions apply to housing accommodations with four or more rental units: (a) Tenants may, but are not required to, form a registered tenant association. For a period of 30 days after the day following the latest date of deposit in the United States mail of any notice of intended sale which complies with this act or the date of the filing of a registration statement with the City of Cambridge by a registered tenant association, whichever is later, the tenants shall have the option to jointly, or acting through a registered tenant association, or its assignee, shall provide the owner and the City of Cambridge’s Housing Division or its designee, mailed by regular and certified mail, with a statement of interest which shall be a written notice in a form approved by the City of Cambridge which shall include: a clear expression of interest on the part of the tenants or registered tenant association to exercise the right to purchase as provided by this act, provided that if the tenants either acting jointly or through a registered tenant association have failed to submit a written statement of interest, an individual tenant shall have 7 additional days to deliver a statement of interest in the same manner set forth in this clause , and provided further, that if an individual tenant has failed to submit a written statement of interest, the City of Cambridge or its assignee shall have 7 additional days to deliver a statement of interest in the same manner set forth in this clause. (b) If a written statement of interest has been mailed in accordance with this section, the parties shall have no less than 120 days from the date of the mailing of the statement of interest to negotiate and execute a purchase and sale agreement. For every day of delay in providing information by the owner as required by this act, the negotiation period is extended by 1 day. If, at the end of the 120-day period or any extensions thereof, the tenants jointly or through a registered tenant association have not contracted with the owner, the owner shall provide an additional 30-day period, during which any one of the current tenants may contract with the owner for the purchase of the housing accommodation. If the owner is required to negotiate with more than one tenant pursuant to this section, the owner may decide which contract is more favorable without liability to the other tenants. (c) Any purchase and sale agreement shall provide a reasonable period of time of not less than 120 calendar days from the execution of the agreement in order for the tenant or registered tenant association to secure financing and financial assistance. If a lending institution or agency estimates in writing that a decision with respect to financing or financial assistance will be made within 240 days after the date of contracting, the owner shall afford an extension of time consistent with that written estimate. If the registered tenant organization’s articles of incorporation provide, by the date of execution of the purchase and sale agreement, that the purpose of the such organization is to convert the housing accommodation to a nonprofit housing cooperative with appreciation of limited share value, the owner shall afford not less than 180 additional days after the date of contracting or such additional time as required by this section. (d) If 360 days elapse from the date of the owner’s mailing of the notice of intended sale and the owner has not sold or contracted for the sale of the housing accommodation, the owner shall comply anew with the terms of this act.
SECTION 4.
(a) The purposes of this chapter favor resolution of ambiguity by any judicial or administrative body or officer toward protecting the legal rights of tenants to the maximum extent permissible under law. If this act conflicts with another provision of law of general applicability, the provisions of this act control.
(b) The right of a third party to purchase a housing accommodation is conditional upon exercise of a tenant, registered tenant association, or their assignee’s rights under this act. The time periods for negotiation of a purchase and sale agreement and for the sale of a housing accommodation pursuant thereto under this act are minimum periods, and the owner may afford a reasonable extension of such periods, without liability under a third party contract. Third party purchasers are presumed to act with full knowledge of the rights provided for under this act.
(c)This law is in addition to and is not intended to abrogate any other right to purchase, or right of first refusal to purchase a housing accommodation, as provided by general or special law, or by city ordinance.
SECTION 5. The City of Cambridge is authorized to provide a grant or loan, or otherwise assist, from its affordable housing trust fund for the purposes of purchases of real property under this act.
SECTION 6. An owner may not require a tenant, registered tenant association, the City of Cambridge, or their assignee to prove financial ability to perform as a prerequisite to entering into a contract under this act. The owner shall not require the tenant to pay a deposit in excess of the lesser of: (a) the deposit in the third party purchase contract, (b) 5 percent of the sale price, or (c) $250,000.
SECTION 7. (a) It is illegal for an owner to evict a tenant or tenants, or otherwise terminate a tenancy without just cause, in order to avoid application of this law. Any rights provided under this act are not waivable. It is illegal for an owner to require a tenant to waive any rights provided to the tenant under this act.
(b) Any aggrieved tenant, registered tenant association, the City of Cambridge, or their assignee may seek damages, including without limitation, relief in the form of a percentage of the sales price and/or injunctive relief in the form of specific performance to compel transfer of property, attorney’s fees and costs, and under the provisions of chapter 93A of the General Laws.
(c) The City of Cambridge is authorized to enforce this act and may promulgate ordinances, rules, regulations, and any forms necessary for implementation or enforcement. The City of Cambridge may seek injunctive, declaratory, and compensatory relief in a court of competent jurisdiction.
SECTION 8. This act shall take effect upon its passage.
2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Charles Sullivan, Executive Director, Historical Commission, transmitting information from the Historical Commission relating to the proposed landmark designation for 40 Cottage Street.
Referred to Calendar #4
HEARING SCHEDULE
Mon, Mar 5
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 19
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Mar 20
5:00pm The Housing Committee will conduct a public hearing to receive a general overview on the state of affordable housing throughout Cambridge, and to receive updates from the Community Development Department, the Cambridge Housing Authority, Homeowners Rehab, Inc., and Just a Start on the work they are currently engaged in. (Sullivan Chamber)
Thurs, Mar 22
4:00pm The Neighborhood & Long-Term Planning; Public Facilities, Arts and Celebrations Committee will conduct a public hearing to gain a better understanding of the extent of the City’s digital divide and to explore possible ways to increase digital access, including the Cambridge Broadband Task Force recommendations and Tilson Report (options 1, 2, and 3) and any other suggestions made in Policy Order #7 of Feb 12, 2018 or any other related matters. (Sullivan Chamber)
Mon, Mar 26
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Mar 27
2:00pm The Civic Unity Committee will hold a public hearing to discuss whether the City’s Boards and Commissions adequately reflect the demographic makeup of the community, the proposed Office of Faith Based Initiatives, and the City’s ongoing cultural competency trainings. (Sullivan Chamber)
Wed, Mar 28
12:00pm The Economic Development and University Relations Committee will conduct a public hearing to discuss the implementation of several aspects of the Retail Strategic Plan, including pop-up activation of empty storefronts and an update on the potential for an empty storefront ordinance. (Sullivan Chamber)
Mon, Apr 2
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 9
5:30pm City Council will hold a Roundtable/Working Meeting for the purpose of discussing the draft version of the Climate Change Preparedness and Resilience Plan for Alewife. (Sullivan Chamber)
Tues, Apr 10
5:00pm Housing Committee (Sullivan Chamber)
Mon, Apr 23
5:30pm City Council Meeting Budget Overview (Sullivan Chamber)
Mon, Apr 30
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 1
9:00am Finance Committee will conduct a public hearing to discuss the FY2019 City Budget (Sullivan Chamber)
Mon, May 7
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 8
9:00am Finance Committee will conduct a public hearing to discuss the FY2019 City Budget (Sullivan Chamber)
Wed, May 9
6:00pm Finance Committee will conduct a public hearing to discuss the FY2019 School Department Budget (Sullivan Chamber)
Thurs, May 10
9:00am Finance Committee will conduct a public hearing to discuss the FY2019 City Department Budget if Needed (Sullivan Chamber)
Mon, May 14
4:00pm 2018 City of Cambridge Scholarship Awards Ceremony. This ceremony to be televised. (Sullivan Chamber)
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 15
5:00pm Housing Committee (Sullivan Chamber)
Mon, May 21
5:30pm City Council Meeting Budget Adoption (Sullivan Chamber)
Mon, June 4
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 11
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 18
TBD 2018 Volunteer Awards Ceremony (Sullivan Chambers)
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 25
5:30pm City Council Meeting (Sullivan Chamber)
Mon, July 30
5:30pm Special City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 Mar 5, 2018
VICE MAYOR DEVEREUX
COUNCILLOR MALLON
COUNCILLOR SIDDIQUI
WHEREAS: The City of Cambridge Traffic, Parking and Transportation Department permits block parties, which are events hosted by a group of neighbors, a non-profit, or an association that require the closing of a portion of a City street for part of a day; and
WHEREAS: As part of the application process, a resident must secure signatures from 75% of households on the street, submit an application 30 days in advance, and pay a $25 fee; and
WHEREAS: The permit fee covers processing of the application, and the Department’s delivery of plastic orange barrels for use the day of the event, providing that residents still allow access to emergency vehicles, vehicles of persons with disabilities, and residents needing to get to and from their homes; and
WHEREAS: The informational page on the Traffic, Parking & Transportation Department’s website states that, “providing amplified or acoustical music…at a block party is subject to approval by Traffic, Parking and Transportation Department and may require approval by and/or permits from other city agencies”; and
WHEREAS: It has come to the attention of the City Council that obtaining an entertainment permit, often resulting in an additional $50 fee, can be burdensome to communities, who finance these events independently; and
WHEREAS: Often, musicians performing at such events are local and unpaid, making the possibility of an additional $50 fee appear out of step with the spirit of the event; and
WHEREAS: The City of Cambridge should be encouraging community-building events, such as neighborhood-organized block parties with local entertainment, but the associated fees may be too burdensome in certain situations; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department, the License Commission, and any other City departments regarding the possibility of re-evaluating the fees associated with community block parties, specifically entertainment fees for unpaid, local musicians; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the above matter.
O-2 Mar 5, 2018
COUNCILLOR SIDDIQUI
VICE MAYOR DEVEREUX
COUNCILLOR MALLON
WHEREAS: The Baker administration recently announced the “Housing Choice Initiative” which allows communities to apply to the state of Massachusetts to be designated as a “Housing Choice Community,” a recognition for communities that have achieved production targets and set policies that encourage future sustainable growth; and
WHEREAS: A community must show an increase in housing stock by at least 5% growth or 500 units over the last 5 years, and Cambridge, having met this requirement, would qualify for such a designation; and
WHEREAS: Communities that qualify are eligible for a variety of critical resources, including access to capital grants; preferential treatment when applying to grant programs including MassWorks, Complete Streets, and MassDOT capital projects; and priority consideration for certain grant awards between May 2018 and April 2019; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department to apply on behalf of the City of Cambridge for the Housing Choice Designation before the Apr 30, 2018 deadline; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on consideration and/or completion of the application.
O-3 Mar 5, 2018
COUNCILLOR KELLEY
VICE MAYOR DEVEREUX
COUNCILLOR SIDDIQUI
COUNCILLOR CARLONE
COUNCILLOR ZONDERVAN
COUNCILLOR MALLON
WHEREAS: Opioid manufacturers’ promotion of prescription opioids and propagation of inadequate information on the risks of opioids, to the medical community and the public, have caused or contributed to the ongoing public health crisis; and
WHEREAS: Opioid distributors’ failure to monitor and report diversion of opioid prescriptions have contributed to the immense increase in opioid addiction and overdose, causing or contributing to the ongoing public health crisis; and
WHEREAS: In response to the opioid epidemic, more than 100 municipalities, counties, and states have joined in a collection of lawsuits against pharmaceutical manufacturers and distributors (https://www.mansfieldnewsjournal.com/story/news/local/2018/02/06/mansfield-joinsnational-lawsuit-against-opioid-manufacturers/312287002/); and
WHEREAS: Governments are seeking reimbursement for past and future costs of emergency services, law enforcement, first responders, drug treatment, lost productivity of government workers, and worker compensation benefits; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor, Attorney General and District Attorney to investigate the possibility of Cambridge joining this national suit against opioid manufacturers and distributors, and report back to the City Council on this issue.
O-4 Mar 5, 2018
VICE MAYOR DEVEREUX
COUNCILLOR KELLEY
WHEREAS: It has come to the attention of the City Council that the public restroom inside the Harvard Square MBTA station is often closed and locked well before the station closes for the evening, and is filthy, non-functional, and in need of serious maintenance and regular cleaning to make it usable for all members of the public; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the appropriate City staff and the MBTA to discuss the maintenance issues of the Harvard Square MBTA station public restroom and report back to the City Council on what actions will be taken to improve its condition.
O-5 Mar 5, 2018
COUNCILLOR TOOMEY
COUNCILLOR MALLON
COUNCILLOR SIDDIQUI
WHEREAS: Finding comprehensive innovative solutions to achieve the City’s housing goals is a shared priority of the City Council; and
WHEREAS: In order to be better versed in current programs offered by the City, Housing Authority, non-profit providers and for-profit developers, it would be beneficial to policy makers and the public to have an understanding of the overall funding sources and cost to the tax payer or private investors of these current programs; and
WHEREAS: Graphics or flow charts would be helpful to visualize how both tax dollars and funding from private development flows through our existing programs, how Cambridge compares to neighboring cities and towns, and what the cost is to Cambridge tax payers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager of Community Development, the Director of Communications and Community Relations, or any other relevant City department with the view in mind of producing a document that can be presented at the City Council Housing Committee to provide a better perspective on the City's current efforts to address the housing issues facing Cambridge and to report back to the City Council.
O-6 Mar 5, 2018
COUNCILLOR ZONDERVAN
COUNCILLOR KELLEY
WHEREAS: The City Council will be requested to appropriate approximately $6 million in funding for the proposed Inman Square redesign project, $4 million from the parking fund and $2 million from bond issues; and
WHEREAS: Article 97 of the EEA Land Disposition Policy requires that municipalities seeking to dispose of any Article 97 land must obtain a unanimous vote from the Conservation Commission and obtain a two-thirds vote approval from the City Council in support of the disposition prior to seeking a home rule petition approval from the state legislature; and
WHEREAS: The City Council would like to make a decision on appropriating the funds only after the Article 97 process has been fully completed by the state legislature; and
WHEREAS: Chapter 4.25 of the Cambridge Zoning Ordinance states “all uses in an Open Space District other than a park or recreation use...shall comply with the procedural requirements of this Subsection prior to the issuance of any building or special permit, variance, or other approval or before conveyance of any lot within the district”; and
WHEREAS: Chapter 4.25.1 of the Cambridge Zoning Ordinance further states “A report shall be submitted to the Planning Board and filed with the City Clerk…this report shall include...(4) Evaluation of the anticipated impacts of the development or property transfer on the remainder of the open space district, upon the ability of alternative park and recreation areas in the neighborhood and city to meet the needs served by the affected open space district”, and the evaluation of these impacts will be needed by the City Council to inform and substantiate a decision on Article 97 disposition; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to issue an official finding as to whether or not chapter 4.25 of the Cambridge Zoning Ordinance applies to the Inman Square redesign project and therefore whether or not a report should be made by the Planning Board; and be it further
ORDERED: That the City Manager be and hereby is requested to present a timeline outlining next steps including:
• City Council Article 97 disposition vote
• Conservation Commission hearing and vote
• Mid-Cambridge Conservation District Commission review
• Planning Board hearing, should the City Solicitor determine that it should happen
• Council appropriation of funds for the project
• Any other decision points which may arise before the start of the construction work; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter as soon as possible but no later than Apr 2, 2018.
O-7 Mar 5, 2018
COUNCILLOR KELLEY
COUNCILLOR SIDDIQUI
WHEREAS: Sixteen communities in the Boston metropolitan area have expressed interest in a regional bike share program, facilitated by the Metropolitan Area Planning Council (MAPC) and set to launch in Spring 2018; and
WHEREAS: There are many issues with a dock-less bike system, as expressed by similar programs throughout the world, such as vandalism, damage, theft, destruction of public property, and improper abandonment, among others; and
WHEREAS: The MAPC has confirmed it is moving forward with the program, set to launch in Newton, with an expected 200 bicycles on the streets by Summer 2018 (https://www.mapc.org/news/mapc-announces-16-community-effort-to-bring-bikeshare-system-to-bostons-inner-suburbs-in-2018/); and
WHEREAS: In the past, the City has turned down the opportunity to participate in this project with the MAPC and neighboring communities, citing the problematic issues and its contractual agreement with the current docked bikeshare system, Hubway; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the City’s plans for incorporating dock-less bikes into its urban mobility opportunities, to include licensing, contractual and liability issues; and that said report be transmitted to the Transportation and Public Utilities Committee for a public hearing on the issue of a dock-less bikeshare system.
ORDERED: That the Transportation and Public Utilities Committee be and hereby is requested to schedule a public hearing on the future of dock-less bikes in Cambridge.
O-8 Mar 5, 2018 Amended
COUNCILLOR ZONDERVAN
COUNCILLOR SIDDIQUI
WHEREAS: In the coming months the City Council will prepare for the July 1 legalization of cannabis in the Commonwealth; and
WHEREAS: The term “marijuana” first entered the record in the early 20th century and prior to that, the plant had been referred to almost exclusively as “cannabis” in Western culture; and
WHEREAS: The scientific name “cannabis” was intentionally replaced with “marijuana” by then Federal Bureau of Narcotics Commissioner Harry Anslinger in the 1930s in order to capitalize on a completely unrelated rise in anti-immigrant sentiment largely caused by the Great Depression; and
WHEREAS: The Marijuana Tax Act of 1937, which effectively made possession or transfer of cannabis illegal in the US, was not based on scientific evidence but rather was written and passed largely based on racial arguments made by Mr. Anslinger; and
WHEREAS: An ACLU study found that there were over 8 million cannabis arrests in the US from 2001-2010, 88% of which were for simple possession; and that on average a black person was 3.73 times more likely to be arrested for possession even though blacks and whites used the drug at similar rates; and
WHEREAS: Using the word “marijuana” in official language and documents would inadvertently perpetuate this racist origin of the word; and
WHEREAS: Delaying implementation of cannabis regulation in Cambridge would perpetuate the racial and economic injustice inherent in the current situation which still largely criminalizes the sale of recreational cannabis; now therefore be it
ORDERED: That the City Council, City Manager, and City Staff be and hereby are requested to use the term “cannabis” in any legislation and/or in official documents which refer to the substance; and be it further
ORDERED: That the City Council, City Manager, and City Staff be and hereby are requested to work as quickly as possible to enact the necessary laws and regulations, including zoning and licensing of retail cannabis establishments, in order to implement the state law in a manner that addresses the racial and economic injustices of the past, such as by ensuring equitable enforcement and reasonable availability of cannabis throughout the city; and be it further
ORDERED: That the issue of enforcement, including education be referred to the Public Safety Committee.
O-9 Mar 5, 2018
VICE MAYOR DEVEREUX
COUNCILLOR KELLEY
WHEREAS: The License Commission issues permits and assesses annual fees for “Garages and Keeping and Storage for Sale of Gases or Petroleum Products” (Chapter 8.08 “Explosives and Flammable Liquids”); and
WHEREAS: A public hearing is scheduled on Wednesday, March 14, 2018, for the License Commission to hear an application from Abe’s Complete Auto Body Service, Inc. “for a Garage License for 10 vehicles and 100 gallons of gasoline in the tanks of autos only at 317 Fresh Pond Parkway. Applicant is also applying for additional flammables storage for 500 gallons of Class 1 and 150 gallons of Class 2 at said address.”; and
WHEREAS: This low-lying location is in the Parkway Overlay District and on the 500-year flood plain and has been identified as highly vulnerable to flooding from the increased precipitation, sea level rise and storm surge projected as a result of climate change; and
WHEREAS: This location, which includes the former Tokyo restaurant that is to be converted to a used car sales business, is adjacent to the Mobil gas and service station, is directly across from Fresh Pond Reservation, and abuts the Tobin School; and
WHEREAS: A repair garage on the site was destroyed in a major fire in the 1990s; and
WHEREAS: Protecting the water supply, the school and the adjacent residential neighborhood from hazardous materials and flammables is a top priority at all times, and even more so with the prospect of more severe storms and flooding projected for the flood plain around the Fresh Pond-Alewife area; and
WHEREAS: The Massachusetts Department of Environmental Protection is currently offering training workshops for public safety officials, environmental planners, business owners, and others to learn about chemical safety and climate change preparedness; and
WHEREAS: The municipal ordinance pertaining to the storage of flammables and hazardous materials and the zoning for the Parkway and Alewife Overlay Districts have not yet been updated to incorporate the recent findings of the Climate Change Vulnerability Assessment or the recommendations under consideration in the Climate Change Preparedness and Resilience Plan and Envision Alewife; and
WHEREAS: Some changes to the current ordinance and zoning may be recommended for this site and others on the flood plain to better protect the public safety, state and city property and the water supply; now therefore be it
ORDERED: The City Manager be and hereby is requested to direct staff from the Community Development Department and the Department of Public Works to provide the License Commission, before its public hearing on March 14, with all relevant information on the increased potential for flooding at this location, including a recommendation on whether storing additional hazardous and flammable materials should be permitted at this site and what additional training can be required for all facility managers where hazardous materials are stored; and be it further
ORDERED: That City Manager is requested to share these recommendations with the City Council in writing prior to the March 14, 2018 License Commission hearing.
AWAITING REPORT LIST
16-26. Report on the possibility of the City Council implementing a zoning change, on the permitting of all new restaurants where a wood-fired oven is used as a significant method of food preparation. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Carlone, Councillor Devereux, Councillor Kelley (O-5) from 4/4/2016
16-42. Report on plans for the former Riverside Community Health Center on Western Avenue, including transfer of ownership of the building to the City and the process for determining future usage. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Vice Mayor McGovern (O-1) from 5/2/2016
16-83. Report on drafting possible legislation and other recommendations for interim actions to identify and address the public health impacts of any commercial wood-fired ovens. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Mayor Simmons (Calendar Item #4) from 10/31/2016
16-101. Report on the potential of building below market rental housing on City-owned parking lots along Bishop Allen Drive. On a communication from Councillor McGovern requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Vice Mayor McGovern, Mayor Simmons (O-4) from 12/12/2016
16-108. Report on whether people displaced and qualify for Emergency Status who are using Section 8 in other cities or towns can retain their resident preference for the purpose of Inclusionary Housing. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Mayor Simmons, Councillor Toomey (O-4) from 12/19/2016
17-22. Report on the potential growth of next-generation wireless technology in the City, to include: the expected footprint of citywide coverage from just one company and what market competition might produce; the integration of public and private infrastructure to support the network; what local standards the City might hope to maintain relative to aesthetics and safety; and how this new technology fits into our Broadband access plans. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Cheung, Councillor Devereux, Councillor Kelley (O-14) from 2/27/2017
17-33. Report on bringing Massachusetts closer to 100% renewable energy by 2035, and ensure that the benefits of renewable energy are realized by Massachusetts residents from all walks of life and supporting a goal of using 100% clean and renewable energy in Cambridge, including in building energy use and transportation, by 2035. On a communication from Councillor Devereux requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Devereux, Vice Mayor McGovern (O-13) from 4/24/2017
17-53. Report on determining if new facilities are needed by either DPW or CFD to best carry out their respective missions in the future and, if so, what type of facilities they would need and how much space that would require and where they might possibly be located. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Kelley, Vice Mayor McGovern, Councillor Toomey (O-7) from 6/26/2017
17-60. Report on the feasibility of making the section of Kinnaird Street between River Street and Western Avenue into a one-way. REFERRED BACK TO THE CITY MANAGER TO ARRANGE COMMUNITY MEETING ON MOTION OF VICE MAYOR MCGOVERN ON NOV 13, 2017 . On a communication from Councillor McGovern requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Vice Mayor McGovern, Mayor Simmons (O-4) from 8/7/2017
17-70. Report on the status of the City’s plans to review and possibly implement a municipal Broadband system. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Kelley (O-22) from 8/8/2017
17-71. Report on a proposal to design, fund and implement a bike and electric personal vehicle transportation study to provide the City with a comprehensive explanation of who is going where, why and under what conditions via bike or personal electric vehicle. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Kelley (O-23) from 8/7/2017
17-77. Report on the intersection of Cedar Street and Rindge Avenue with the goal of clarifying traffic patterns through the intersection. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Kelley (O-6) from 9/11/2017
17-82. Report on possible solutions to regulatory or legislative gaps on the local or state level that would help clarify how emerging types of conveyances can most safely and effectively be incorporated into Cambridge’s Urban Mobility planning and infrastructure investments. On a communication from Councillor Kelley requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Cheung, Councillor Devereux, Councillor Kelley (O-15) from 9/11/2017
17-87. Report on a schedule for resubmitting a revised draft of the Outdoor Lighting Ordinance that incorporates clearer wording and/or more clearly explains each section in less technical jargon and is more coherent in its entirety, with the goal of seeing such an Ordinance adopted by the end of this City Council term. On a communication from Councillor Kelley and Councillor Devereux requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Carlone, Councillor Devereux (O-8) from 9/18/2017
17-95. Report on the status of the all-electric, leaf-blowing park pilot, the effectiveness of the battery-operated equipment, the potential for expanding the all-electric park program, and steps being taken on enforcement and training and to inquire the feasibility of requiring or advising landscape companies to provide or require safety masks for workers. On a communication from Councillor Devereux requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Carlone, Councillor Devereux (O-6) from 9/25/2017
17-108. Report on the feasibility of requiring developers to post a signboard at development sites requiring Large Project Review or a Special Permit with contact information for a site manager, a brief description of the project (including whether it is residential, commercial, or mixed-use, and, if residential, the total number of units and inclusionary units, an expected completion date, and a rendering of the street-facing elevation), and a web link where more information is available. On a communication from Councillor Devereux requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Councillor Devereux (O-2) from 10/16/2017
17-110. Report on the status of the implementation of the EnerGov software across various City departments to streamline the permitting process. On a communication from Councillor Devereux requesting that this matter be forwarded to the 2018-2019 Legislative Sessions.
Councillor Cheung, Councillor Devereux, Councillor Mazen (O-5) from 10/16/2017
18-4. Report on exploring mechanisms for achieving greater levels of snow clearing by the city and increase the public response during major snow events or heavy snow winters.
Councillor Zondervan, Mayor McGovern, Vice Mayor Devereux (O-5) from 1/22/2018
18-5. Report on contacting Sira Naturals for the purpose of gathering information regarding sales figures, customer demographics, and other relevant operational information.
Councillor Mallon (O-6) from 1/22/2018
18-6. Report on information regarding electronic device usage by City-elected officials.
Councillor Toomey (O-7) from 1/22/2018
18-7. Report on the possibility of changing the snow removal exemption to include two and three-family houses.
Councillor Toomey (O-1) from 1/29/2018
18-9. Report on necessary repairs to the Gold Star Mothers Park and all play and water feature, including drainage issues, with an eye towards mitigating the impacts of local construction and the development of a plan with the community for improving this significant piece of open space.
Councillor Mallon, Councillor Toomey (O-3) from 1/29/2018
18-10. Report on creating a list of mitigated meeting and conference room private spaces that are available to the public, what the exact eligibility of using these spaces is, and making the list available to the public.
Councillor Toomey (O-5) from 1/29/2018
18-11. Report on the potential of utilizing trenchless technology, micro tunneling and/or pipe jacking to lessen the time and impact on the residents of Gore Street.
Councillor Toomey, Councillor Kelley, Councillor Mallon (O-6) from 1/29/2018
18-12. Report on maximizing the community benefits from and mitigating the impacts of the Cambridge Crossing sewer construction.
Councillor Zondervan, Councillor Siddiqui, Councillor Toomey (O-8) from 1/29/2018
18-13. Report on efforts to expand the number of electric vehicle charging stations, the feasibility of appropriately placing electric vehicle chargers on residential streets where there is need, the status of possible City fleet replacement to electric vehicles, expanded outreach and education on available rebates and incentive programs, and the feasibility of requiring developers to include a greater number of electric vehicle charging stations in new or substantially renovated multi-unit buildings.
Vice Mayor Devereux, Councillor Zondervan (Calendar Item #1) from 1/29/2018
18-14. Report on whether the Community Development Department will apply for the Targeted Brownfields Assessment Grant regarding Jerry's Pond.
Councillor Kelley, Councillor Siddiqui, Councillor Zondervan, Vice Mayor Devereux (O-1) from 2/5/2018
18-15. Report on any other relevant City Department to gain a sense of who is purchasing buildings in Cambridge.
Councillor Simmons (O-3) from 2/5/2018
18-19. Report on the possibility of reconfiguring the traffic lights and pedestrian signals at the intersection of Massachusetts Avenue, Prospect Street, and River Street to stop all traffic and allow for an “ALL WALK” pedestrian signal and further to review improvements to the No Left Hand signage.
Councillor Mallon, Councillor Siddiqui (O-6) from 2/5/2018
18-20. Report on repairing Rufo Road as soon as possible.
Councillor Toomey (O-8) from 2/5/2018
18-17. Report on the current status of zoning language and public health regulations for the keeping of hens and food cultivation and proposed next steps to advance the Urban Agriculture initiative.
Vice Mayor Devereux, Mayor McGovern (O-2) from 2/12/2018
18-18. Report on the success of the Polystyrene Ordinance, including implementation, enforcement, and remaining concerns among the business community.
Vice Mayor Devereux, Councillor Carlone, Councillor Zondervan, Councillor Siddiqui (O-3) from 2/12/2018
18-16. Report on the plan to redesign Inman Square and to provide input, including: walk-in clinics between now and the next community meeting and making more details available online.
Councillor Zondervan, Councillor Siddiqui (O-5) from 2/12/2018
18-21. Report on the feasibility of initiating a formal transit study and action plan of the Alewife area in response to unanimous concerns of the Envision Alewife Working Group.
Vice Mayor Devereux, Councillor Kelley, Councillor Carlone, Councillor Siddiqui (O-7) from 2/26/2018
18-22. Report on the causes of the Cambridge Common drainage problems.
Councillor Kelley, Vice Mayor Devereux, Councillor Zondervan (O-10) from 2/26/2018
18-23. Report on why it took so long to repair the public toilet in Harvard Square and what proactive methods are being taken into consideration to prevent this interruption of service from happening again, at either the Harvard Square or the Central Square public toilet.
Councillor Kelley, Vice Mayor Devereux (O-13) from 2/26/2018
18-24. Report on what further improvements can be made to improve safety for all users of the intersections of Walden Street with Concord Avenue, Garden Street and Sherman Street.
Vice Mayor Devereux, Councillor Kelley, Councillor Carlone (O-14) from 2/26/2018
18-25. Report on a timeline to be developed for the next Incentive Zoning Nexus Study.
Councillor Siddiqui, Mayor McGovern, Councillor Simmons (O-18) from 2/26/2018
18-26. Report on providing easily accessible needle safety information, to include emergency needle or syringe removal and disposal contacts, on the City’s website.
Councillor Carlone, Councillor Kelley (O-19) from 2/26/2018