Cambridge City Council meeting - March 24, 2008 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the block rates for water consumption and sewer use for the period beginning Apr 1, 2008 and ending Mar 31, 2009.

Mar 24, 2008
To the Honorable, the City Council:

RECOMMENDATIONS
That the City Council approve the following block rates for water consumption and sewer use for the period beginning Apr 1, 2008 and ending Mar 31, 2009. The City administration and City Council continue to recognize that it is important to mitigate the effects of water and sewer increases both for FY09 and future fiscal years as much as possible. Therefore, I am pleased to submit a recommendation that calls for a 2.1% increase in the water rate, a 4.8% increase in the sewer rate and a 3.9% increase in the combined rate.

In my recommendation to you last year, the projected FY09 rate increases for water, sewer and combined were 2.1%, 7.7% and 5.8%, respectively. It should also be noted that the FY08 water and sewer rates reflected a 0% combined rate increase for the first time in the City’s history (in FY06, the water rate alone had a 0% increase).

FY09 estimated sewer revenues will cover the FY09 estimated Massachusetts Water Resources Authority (MWRA) assessment, which is scheduled to increase by $1,635,020 to $20,110,418, or 8.8%. The MWRA rate increase provided to the City is subject to change based on the MWRA budget adopted later in the Spring 2008. In addition, estimated sewer revenues will cover operating and capital increases.

In February 2008, the City issued $6,242,358 million in bonds to finance several sewer reconstruction projects throughout the city. The annual debt service costs attributable to these bonds are included in the sewer budget.

FY09 estimated water revenues will cover salary and benefit increases for Water Department employees as well as additional chemical costs related to the operation of the water plant. Debt service costs continue to decline, by $267,435 this year, due to the pay-off of the bonds for the water treatment plant and additional debt service savings generated by the refinancing of existing debt last year. The projected fund balance for FY08 is $6,607,264 of which $500,000 will be used in FY09 to offset a higher rate increase.

The chart below reflects the FY08 actual and FY09 proposed water and sewer rates.

  Annual Consumption FY08
Water Rate
FY09 Proposed
Water Rate
FY08
Sewer Rate
FY09 Proposed
Sewer Rate
Block 1 0–40 CcF $2.84 $2.90 $6.44 $6.75
Block 2 41–400 CcF $3.05 $3.11 $6.82 $7.15
Block 3 401–2,000 CcF $3.23 $3.30 $7.32 $7.67
Block 4 2,001–10,000 CcF $3.44 $3.51 $7.89 $8.27
Block 5 Over 10,000 CcF $3.72 $3.80  $8.39 $8.79

* All rates are per CcF. CcF is an abbreviation of 100 cubic feet. One CcF is approximately 750 gallons.

BACKGROUND
In March of each year, the City Council establishes water and sewer rates, which determine water and sewer revenues for the next fiscal year. Because of the timing requirements, water and sewer rates are set prior to the adoption of both the Cambridge budget and MWRA budget; therefore, revenue needs are based upon estimated expenditures. Historically, water and sewer rates have been established so that revenues generated by them, when combined with other revenue sources, cover projected annual costs. It is important to note that increases of 2.1%, 4.8% and 3.9% in the water, sewer and combined rates, respectively, are below the average annual increases for the past five years. The average annual increases for the FY04-08 period were as follows: Water, 2.3%; Sewer, 6.8%; and Combined, 5.1%, which includes the water rate showing a 0% increase in both FY06 and FY08 and a sewer rate increase of 0% in FY08.

AMR UPDATE
As of last year, the Automated Meter Reading (AMR) installation has been fully implemented. In addition to installing approximately 15,000 meter transmitter units (MTU) to water meters, which provide four daily readings per account, the Water Department has replaced approximately 8,400 water meters. The AMR system has eliminated estimated water and sewer bills, since actual readings are now used to determine bills.

The Water Department has institutionalized a "High Read" notification system for customers. This system uses daily meter reads from the AMR System to detect and highlight abnormally high water usage (potential leaks). When a high read is detected, the Water Department contacts the property owner, which enables the property owner to address the problem when it begins, minimizing high water bills and conserving water. In conjunction with this initiative, all water customers were asked to provide updated contact information (telephone number, e-mail address) to improve the notification process.

The Water Department has begun the process of implementing an online AMR reading feature which will allow customers to review their account activity. It is anticipated that this feature will be substantially completed in the new fiscal year. In addition, the Water Department is beginning implementation of the MUNIS water and sewer billing system in the next fiscal year, which is the same billing system the City uses for property tax billing.

WATER
Beginning nine fiscal years ago (2000), a portion of the fund balance from the Water Fund has been used to offset increases in the operation of the Water Department. In FY09, the fund balance support will be $500,000, which is an increase of $215,000 from the FY08 amount. It is estimated that use of the fund balance will be eliminated in FY11, which coincides with the significant decrease in the water debt service. This is a significant decrease in the use of fund balance from prior fiscal years. For example, the estimated use of fund balance for FY07 was $1,150,000. By using $500,000 from the fund balance in FY09, the City is able to achieve a 2.1% water rate increase while providing capital funds for infrastructure improvements. As Table 3 on page 6 indicates, the total FY09 water operating and capital budget increased slightly (less than 1%) from $19,576,815 in FY08 to $19,666,350, not including a one-time $1 million appropriation for the Concord Avenue Water Main Replacement Project. As noted above, the decrease in debt service has partially offset increases in the operating budget.

The Capital allocation has remained at its FY08 level of $1,000,000. In addition, a $1 million planned appropriation from the $6.7 million Water Fund Balance for the Concord Avenue Water Main Replacement Project is included in the FY09 Capital Budget. This use of fund balance is part of an overall strategy to use reserves for one-time major capital needs. Table 3 on page 6 indicates the details of Water Fund projected revenues and expenditures for the years 2008 to 2013. Table 6 on page 9 shows actual Water Fund balances for FY03-07 and the projected balance for FY08.

SEWER
Sewer operating and capital budgets have increased from the FY08 adjusted budget levels, due to a projected 8.8% increase in the Massachusetts Water Resources Authority (MWRA) assessment, and salary and benefit increases. Debt service costs related to the February 2008 bond sale are lower than projected. Overall, the sewer rate is projected to increase by 4.8%.

The increase in the MWRA assessment is due to rising energy and utility costs, higher interest costs on MWRA debt, additional health insurance costs for MWRA employees, and changes in public health and environmental requirements that increase overall spending costs for the MWRA.

As mentioned above, this sewer increase is lower than the rate projected for FY09 in last year’s letter and reflects the City’s continuing effort to control water and sewer rate increases. It should be noted that the MWRA assessment and debt service on sewer bonds account for 88% of the total Sewer budget. The Sewer operating budget is above its FY08 level, while the capital allocation has increased by $100,000 to $1.6 million.

However, unlike the Water budget, sewer revenues are credited to the General Fund and not to a separate Proprietary Fund that can be drawn upon if the need arises.

CAPITAL PROJECTS
The debt service increase is primarily attributable to the following sewer projects that were included in the February 2008 bond issue: Agassiz, Cherry Street / S. Mass. Ave., Harvard Square, Cambridgeport, and Western Avenue projects. Since May 1998, the City Council has authorized $218,345,000 for water and sewer capital projects in the Capital Budget process. This impressive investment in our water and sewer systems represents significant progress towards ensuring that Cambridge will continue to benefit throughout the century from a healthy and environmentally sound water and sewer system. In addition to the projects currently under way, the five-year capital plan calls for an additional investment of approximately $165,176,000 (primarily sewer, $155,476,000) in the water and sewer systems. The additional funds for water will be used mainly for improvements to the distribution and transmission system, equipment replacement, energy efficient lighting and Variable Frequency Drives (VFDs), engineering and program development, and improvements to the watershed. Sewer improvements are projected to continue in the following areas: Cherry Street / South Massachusetts Avenue; Agassiz Neighborhood; Fresh Pond; Cambridgeport; Harvard Square; and Western Avenue. The City carefully monitors the issuance of debt to fund authorized sewer projects and makes adjustments to ensure that debt service cost increases, which impact the sewer rate, are moderate.

During the past decade, the State has made substantial contributions to the City’s water and sewer capital improvement program through the State Revolving Loan Program. In FY08, state subsidies covered $2,240,320, or 10.8% of the total debt service of $20,726,285. It is expected that the City will continue to receive State subsidies on existing debt. The FY09-13 capital plan includes several projects that may be eligible for subsidized loans from the State. However, since it is not certain that these projects will receive state subsidies, the debt service on these projects has been calculated based on funding through General Obligation bonds. In order to proceed with the projects while restricting the growth of the sewer rate, the original five-year plan for sewer projects has been extended, since the total debt service on the loans will be covered through the sewer service charge. If state subsidies become available to the City, they will be used to lower the sewer rate in future years. Table 4 on page 7 shows the detail of sewer-related expenditures for FY08-13.

Table 1 below summarizes the change in water and sewer metered revenue, while Table 2 presents the estimated average charge to residential water/sewer bills.

Projected FY08 revenues are reasonably consistent with the estimates used to set the FY08 rates in the second full year of using the AMR system. It is anticipated that, during the third year of AMR, billing and collection data provided by the system will continue to be refined in order to establish an even more reliable base for future projections. FY09 projected revenues are based on FY08 projected collections and reflect our practice of conservative revenue projections.

TABLE 1
Combined Water / Sewer Metered Revenue

  FY08 Revised FY09 Projected % Change
Water $17,100,000 $17,458,730 2.1%
Sewer $34,500,000 $36,167,289 4.8%
Combined Water/Sewer Revenue $51,600,000 $53,626,019 3.9%

TABLE 2
Average Change to Combined Water and Sewer Residential Bills

Residential Type FY08 FY09 Projected Annual Variance % Change
Single Family $744 $773 $29 3.9%
Two Family $1,013 $1,053 $40 3.9%
Three Family $1,498 $1,556 $58 3.9%

SENIOR DISCOUNT PROGRAM
There are currently 2,887 homeowners who qualify for the age 65+ water / sewer 15% discount (not to exceed $90 annually), which is not tied to the homeowner’s income.

There are also 112 elderly homeowners who qualify for an income-based discount of 30% (not to exceed $180 annually). To qualify for the 30% discount, a homeowner must be 65 or older and must have been granted the Clause 41C elderly real estate exemption. For FY08, the income guidelines are as follows: single, income of $21,548 with assets of $43,097 or less; married, income of $32,323 with assets of $59,258 or less.

FUTURE OUTLOOK FOR RATES
Tables 3, 4, 5 and 6 contain five-year forecasts for water, sewer and combined revenue estimates as well as Water Fund Balances for the past five years and the projected FY08 fund balance. As can be seen in Table 5, the annual combined water / sewer rate is projected to increase by an average of approximately 5.7% for FY09-13. The projected increase is the result of the City’s infrastructure improvement program and increases in the MWRA assessment (based on estimates received from the MWRA) of 4.3-9.8% in FY10-13. If increases in the MWRA assessment are more moderate and subsidies for new State Revolving Fund loans are funded, the rate increases that are shown will be lowered.

In closing, I believe that our efforts to successfully implement our AMR system, conservatively estimate our water and sewer revenues and control expenditure growth, including debt issuance, have allowed us to generate a very low water and sewer rate increase in FY09 while investing in our utility infrastructure. As noted above, there was 0% water and sewer increase in FY08.

While a 0% rate increase is not realistic every year, I believe we have structured our water and sewer program to produce reasonable rate increases in the future to meet the City administration and City Council goal to mitigate the effects of water and sewer increases on residents as much as possible.

Very truly yours, Robert W. Healy, City Manager

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable With Power for a term of three years, effective the first day of January, 2008: James M. Desrosiers

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-33, regarding a report on parking enforcement and the acceptance of Museum Way and North Point Boulevard.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-29, regarding a report on how Section 3.32 of the Zoning Code regarding Usable Open Space has been interpreted.  Referred to Ordinance Committee - Davis

Mar 24, 2008
To the Honorable, the City Council:

In response to Awaiting Report Item Number 08-29, regarding a report on how Section 3.32 of the Zoning Code regarding Usable Open Space has been interpreted, City Solicitor Donald A. Drisdell reports the following:

The Council Order seeks an explanation as to where the required Usable Open Space may be situated on a lot in order to comply with the provisions of Article 3, Section 3.32 of the Zoning Ordinance. Article 3, Section 3.32 applies to lots that are split between two zoning districts. The section is designed to prevent the incursion of less-restrictive regulations into the more-restrictive district in a split-lot case.

Article 3, Section 3.32 of the Cambridge Zoning Ordinance provides: "Where a zoning district boundary line divides a lot under single ownership at the time of the effective date of this Ordinance [6/29/81], the regulations for each zoning district shall apply to portions of the lot within the respective districts except as provided in this Subsection 3.32." Section 3.32.1 provides: "Where more than one-half the area of said lot is in a less restricted district, (either in terms of the district's overall regulations or a single regulation) the Board of Zoning Appeal may grant a special permit allowing any of the less restrictive dimensional regulation(s) to extend up to twenty-five (25) feet into the more restrictive district. Uses not allowed in the more restrictive districts shall not extend into the more restricted districts."

The regulation specifically at issue is the open space requirement for the relevant zoning districts into which a lot is split. In general, the calculation of required open space for a project is determined with regard to the overall lot size. Once the amount of required open space is determined, an owner is free to locate the open space anywhere on the lot so long as all other dimensional requirements, such as set-backs, are satisfied. In a split lot case, an owner is still free to locate the required open space anywhere on the lot so long as other dimensional requirements are met. Because the lot is split between two districts, any open space located in either district must satisfy any special open space regulations that may apply in each district, such as a minimum dimension for each segment of open space.

So long as a property owner complies with all applicable dimensional requirements, including any requirements that are specific to a particular zoning district, he or she may use any portion of the lot to meet the open space requirements for the lot, and may construct buildings in any other portions of the lot, subject to meeting all other applicable dimensional and use requirements.

Very truly yours, Robert W. Healy, City Manager

CHARTER RIGHT
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-17, regarding a report on the Redevelopment Authority's land holdings in the East Cambridge and Kendall Square areas. Charter Right exercised by Councillor Toomey on City Manager Item Number Three of Mar 17, 2008.
Place on file under Rule 19 - No action taken

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

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

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

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

APPLICATIONS AND PETITIONS
1. An application was received from Harvard Square Business Association requesting permission for a temporary banner across Massachusetts Avenue at City Hall announcing May Fair.

2. An application was received from Harvard Square Business Association requesting permission for a temporary banner across Mount Auburn Street at JFK announcing May Fair.

3. An application was received from Ed Serpe, requesting a curb cut at the premises numbered 27 Sherman Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area.

4. An application was received from Alfred Harvard Square Salon requesting permission for a sandwich board sign in front of premises numbered 8 Eliot Street.

5. An application was received from MIT Museum requesting permission for six tables and twenty-four chairs in front of premises numbered 265 Massachusetts Avenue.

COMMUNICATIONS
1. A communication was received from Peggy and Charles Whipp and family, transmitting appreciation for the Certification of Honor for Special Agent Thomas Crowell.

2. A communication was received from the family of Jean K. Mason and family, transmitting appreciation to the City Council for the honor it extended to Dr. Edward A. Mason.

3. A communication was received from Bernice Gostanian, transmitting thanks to the City Council for the resolution passed in honor her husband Vaughn Gostanian.

4. A communication was received from Robert Rapson, Director, Office of Mainland Southeast Asia, regarding the resolution urging tighter sanctions against the Burmese military regime.

RESOLUTIONS
1. Congratulations and appreciation to Mary Wong, Executive Director of the Kids' Council, and the youth delegates who gave a presentation at the 2008 National League of Cities Conference.   Councillor Reeves, Mayor Simmons

2. Resolution on the death of Specialist Dustin Jackson.   Councillor Decker
3. Resolution on the death of Corporal Jose Paniagua-Morales.   Councillor Decker
4. Resolution on the death of Specialist Donald Burkett.   Councillor Decker
5. Resolution on the death of Staff Sergeant Ernesto Cimarrusti.   Councillor Decker
6. Resolution on the death of Corporal Scott McIntosh.   Councillor Decker
7. Resolution on the death of Captain Torre Mallard.   Councillor Decker
8. Resolution on the death of Sergeant Phillip Anderson.   Councillor Decker
9. Resolution on the death of Staff Sergeant Juantrea Bradley.   Councillor Decker
10. Resolution on the death of Corporal Robert McDavid.   Councillor Decker
11. Resolution on the death of Staff Sergeant David Julian.   Councillor Decker
12. Resolution on the death of Sergeant First Class Shawn Suzch.   Councillor Decker
13. Resolution on the death of Staff Sergeant Laurent West.   Councillor Decker
14. Resolution on the death of Private First Class Tenzin Samten.   Councillor Decker

15. Resolution on the death of Isaac Meyers.   Councillor Davis

16. Condolences to the family of Dr. Thomas Frank.   Councillor Davis

17. Resolution on the death of Stames N. Stiles.   Councillor Toomey

18. Urge all residents to visit the Central Square Library during the month of April to view the Vernon Grant Art Show.   Mayor Simmons

19. Congratulations to Marty Blatt on being elected Vice President of Boston National Historic Parks.   Councillor Decker


20. Resolution on the death of Mary F. Hassey.   Councillor Maher, Councillor Toomey

21. Resolution on the death of Florence E. Goodwin.   Councillor Maher

22. Appreciation to the women of Cambridge who have throughout history provided and to those who continue to provide outstanding public service and leadership.   Mayor Simmons

23. Congratulations to Elizabeth Phipps-Soeiro and William Soeiro on the birth of their son, Henry Burdock Phipps Soeiro.   Councillor Davis

24. Resolution on the death of Sophia (Frias) McElaney.   Councillor Toomey

25. Resolution on the death of Paul Dalba Jr.   Councillor Toomey

26. Resolution on the death of Cilla (Pierre) Etienne.   Councillor Toomey

27. Resolution on the death of Frank Dziadul.   Councillor Toomey

28. Resolution on the death of Albert Jefferson Thompson Sr.   Councillor Toomey

29. Resolution on the death of Walter Paul.   Councillor Toomey

30. Resolution on the death of Lillian Hensley.   Mayor Simmons

31. Best wishes and appreciation to Cathy Hoffman as she leaves her position as Director of the Peace Commission.   Mayor Simmons

32. Congratulations to Henrietta Attles on receiving the Women of Courage and Conviction Award by the National Council of Negro Women.   Mayor Simmons


ORDERS
1. That the City Manager is requested to report back to the City Council on how the March 17 accident in Central Square happened and that said report back contain a copy of the relevant police report to the extent that that information may be shared.   Councillor Kelley, Councillor Seidel and Councillor Davis

2. That the City Manager is requested to confer with relevant Department heads and report back to the City Council with the City's detailed plans to mitigate the adverse traffic impacts of the Rindge Avenue project prior to the renovation project's commencement.   Councillor Kelley

3. That the City Manager is requested to report back to the City Council with an explanation as to why the bricks removed from the plaza at the junction of Cedar Street and Massachusetts Avenue have not yet been replaced with bricks but instead remains a large asphalt patch.   Councillor Kelley

4. That the City Manager is requested to report back to the City Council on the City's plans to fully implement the tree list in the upcoming planting season.   Councillor Kelley

5. That the City Manager is requested to report back to the City Council on the City's policies and regulations concerning the number of unrelated people living in the same dwelling unit and any suggestions to modify that number.   Councillor Kelley  Charter Right - Toomey
[This Order was initially adopted by affirmative vote of 6 members with Councillor Toomey voting NO and Reeves and Simmons ABSENT. At the end of the meeting, Councillors Seidel and Maher asked that their votes also be recorded as NO. The changing of votes would have changed the outcome. Mayor Simmons moved suspension of the rules to move Reconsideration and this prevailed. Councillor Decker then moved Reconsideration of the vote. At this point, Councillor Toomey exercised his Charter Right to delay action until the next City Council meeting.]

6. That the Mayor is requested to hold a special combined meeting, to be open to public comment and to be televised as with a normally scheduled meeting, of both the School Committee and the City Council to start a discussion on how to best coordinate various youth services.   Councillor Kelley, Councillor Seidel, Councillor Maher and Councillor Toomey

7. That the Government Operations Committee review City Council policy on Public comment with a view towards making any necessary amendments and report back to the City Council on this matter.   Mayor Simmons

8. That the City Manager is requested to report back to the City Council on the impact an exodus of bio-tech companies from Cambridge may have on the tax base of our city, and further report back on Northpoint and what likelihood there may be for further development.   Mayor Simmons, Councillor Reeves and Councillor Toomey

9. Dedication of a suitable location in honor of Caesar and Florence Zani.   Councillor Maher

10. That the City Council refer the matter of noise in condominium complexes to the Health and Environment committee for further discussion with the intent of developing a policy that encourages City agencies to enforce the Cambridge Noise Ordinance within condominium complexes to the extent legally possible.   Councillor Kelley

11. That the City Manager is requested to report back to the City Council before the summer break on what public education and traffic enforcement campaigns the City, to all relevant departments, is doing to make bicycling in Cambridge as safe as it possibly can be.   Councillor Kelley  Amended

12. That the City Manager is requested to confer with relevant Department heads to ensure that all bicycles sold at the Police auction for use by children 16 or under are equipped at the time of sale with a white headlight and that the purchaser is given a helmet for the child rider to use.   Councillor Kelley

13. That this City Council go on record in support of Senate Bill 1251, An Act to Establish a Board of Midwifery and urge the Massachusetts Senate to pass this bill.   Councillor Decker

14. That the City Manager is requested to review and report back on the feasibility of the City establishing mini-grants for seniors and other low-income residents who find their homes are now designated by FEMA as being within the flood plain, thus requiring the purchase of flood insurance.   Councillor Maher

15. That the City Manager is requested to direct the appropriate staff to question NSTAR officials about the blackout of electrical service in west Cambridge on March 17, 2008 and to report back to the City Council on the reason for the blackout and whether there will be further occurrences.   Councillor Maher


16. That the City Manager is requested to consult with the Police Commissioner in an effort to put extra patrols in the area of the Yerxa Road underpass in an effort to fight against graffiti.   Councillor Maher

17. That the City Manager is requested to use Cambridge Municipal Television to publicize affordable housing opportunities now available, specifically, rental housing at North Point and homeownership opportunities at the Switch House on Riverside.   Councillor Davis


COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from the roundtable discussion on housing with the housing panel on Mar 5, 2008.
Report referred to Housing Committee

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

Tues, Mar 25
3:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the conversion of TV signals from analogue to digital.  (Ackermann Room)
7:00pm   The Health and Environment Committee will conduct a public meeting to discuss the matter of presenting a status report on the Cambridge Energy Alliance.  (Senior Center, 806 Mass. Ave.)

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

Wed, Apr 2
1:30pm   The Finance Committee will conduct a public meeting to discuss the FY08-09 budget.  (Ackermann Room)

Thurs, Apr 3
4:00pm   The Ordinance Committee will conduct a public hearing on a proposed amendment to the Zoning Ordinance to insert a new subsection (10) in Article 2.000, in the section entitled "Gross Floor Area" providing that bicycle parking meeting the dimensional requirements of Article 6.000, whether located in a principal use structure, any parking facility for motor vehicles, or in an accessory structure, shall not be included in the calculation of Gross Floor Area. This hearing to be televised.  (Sullivan Chamber)

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

Tues, Apr 8
5:30pm   The Transportation Traffic and Parking Committee will conduct a public meeting to discuss the issues involving safe routes to school.  (Sullivan Chamber)

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

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

Thurs, May 1
9:30am   The Finance Committee will conduct a public meeting to discuss FY09 City Budget.  (Sullivan Chamber)

Mon, May 5
5:30pm   Roundtable Meeting. No public comment. Nov votes will be taken.  (Sullivan Chamber)

Wed, May 7
9:30am   The Finance Committee will conduct a public meeting to discuss FY09 City Budget.  (Sullivan Chamber)

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

Tues, May 13
6:00pm   The Finance Committee will conduct a public meeting to discuss FY09 School Department Budget.  (Sullivan Chamber)

Wed, May 14
9:30am   The Finance Committee will conduct a public meeting to discuss FY09 City Budget. (if necessary)  (Sullivan Chamber)

Mon, May 19
4:00pm   2008 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Mar 24, 2008
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
COUNCILLOR DAVIS
WHEREAS: A pedestrian was tragically killed in a traffic accident in Central Square on Monday, March 17; and
WHEREAS: Pedestrian safety is a crucial element in ensuring that our City remains walkable; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council no later than Apr 28, 2008 on how this accident happened and that said report contain a copy of the relevant police report to the extent that that information may be shared, through a non-public communication if necessary, with the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to review the traffic signal timing and whether changes could increase safety at that location; and be it further
ORDERED: That if the City Manager cannot so report by Apr 28, 2008, then by that date he is requested to report as to when the City Council should expect to receive the requested information.

O-2     Mar 24, 2008
COUNCILLOR KELLEY
WHEREAS: The Walden Street Bridge renovation project is not going to be complete when the Rindge Avenue renovation project commences; and
WHEREAS: Traffic on Rindge Avenue appears to have increased as a result of the Walden Street Bridge closure; and
WHEREAS: Closure of Rindge Avenue, which will result in a much-appreciated new streetscape, at the same time as the Walden Street Bridge is closed, is likely to have significant negative traffic implications; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads and report back to the City Council on why the Rindge Avenue project has been scheduled at the same time the Walden Street Bridge is closed; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with relevant Department heads and report back to the City Council with the City's detailed plans to mitigate the adverse traffic impacts of the Rindge Avenue project prior to that project's commencement.

O-3     Mar 24, 2008
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with an explanation as to why the bricks removed from the plaza at the junction of Cedar Street and Massachusetts Avenue have not yet been replaced with bricks but instead remains a large asphalt patch.

O-4     Mar 24, 2008
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the City's plans to fully implement the tree list in the upcoming planting season.

O-5     Mar 24, 2008  Charter Right - Toomey
COUNCILLOR KELLEY
WHEREAS: Boston has recently instituted a housing policy of a maximum of 4 unrelated people per dwelling; and
WHEREAS: Cambridge faces many of the same housing pressures that Boston does; and
WHEREAS: Unrelated students and other young people sharing dwelling units in large numbers per dwelling unit can put extra pressure on housing prices and lead to overcrowding and other neighborhood problems; 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 policies and regulations concerning the number of unrelated people living in the same dwelling unit and any suggestions to modify that number.

O-6     Mar 24, 2008
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
COUNCILLOR MAHER
COUNCILLOR TOOMEY
WHEREAS: The youth of Cambridge are the City's most precious, and at times, vulnerable asset; and
WHEREAS: Both the City and the Cambridge Public School System, along with residents and businesses and housing providers, share responsibility for creating a city-wide climate that encourages academic and other success for our youth from ages 0 to 18; and
WHEREAS: There is a bewildering array of services available to our youth, to include Cambridge School Volunteers, Summerbridge, Cambridge Housing Authority's Workforce, the Mayor's Summer Youth Employment Program, the youth centers, community schools, Cambridge Youth Soccer, the East End House, the Boys and Girls Club, the YMCA and many, many more; and
WHEREAS: It is not always clear who is responsible for doing what and how effectively that "what" is getting done; and
WHEREAS: A better understanding of these various programs by School and City officials, to include both School Committee and City Council members, would be very useful in ensuring the most efficient delivery of services to our youth; now therefore be it
ORDERED: That the Mayor be and hereby is requested to hold a special combined meeting, to be open to public comment and to be televised as with a normally scheduled meeting, of both the School Committee and the City Council to start a discussion on how to best coordinate these various youth services; and be it further
ORDERED: That the Mayor be and hereby is requested to request from the City Manager and the Superintendent of the Public School system, that appropriate staff members be made available at this meeting to discuss what forms of services their various departments offer to our youth; and be it further
ORDERED: That the Mayor be and hereby is requested to extend an invitation to other service providers, such as the Cambridge Housing Authority, the Cambridge Health Alliance, the 0-8 Council and so forth, to attend this meeting; and be it further
ORDERED: That this meeting should not be considered as a one-time meeting but should be considered as the basis of creating an on-going committee of both School Committee and City Council members, along with relevant City staff and other personnel, to help better coordinate delivery of youth services across a greater spectrum of needs and opportunities.

O-7     Mar 24, 2008
MAYOR SIMMONS
WHEREAS: There has been a growing need to revisit the policy on Public Comment at City Council meetings; now therefore be it
ORDERED: That the Government Operations Committee review City Council policy on Public comment with a view towards making any necessary amendments and report back to the City Council on this matter.

O-8     Mar 24, 2008
MAYOR SIMMONS
COUNCILLOR REEVES
COUNCILLOR TOOMEY
WHEREAS: A Boston Globe article dated Mar 2, 2008 described the exodus of bio-tech companies from Cambridge to outlying suburbs; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the impact an exodus may have on the tax base of our city, and further report back on Northpoint and what likelihood there may be for further development.

O-9     Mar 24, 2008
COUNCILLOR MAHER
ORDERED: That the City Council dedication a suitable location in honor of Caesar and Florence Zani; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-10     Mar 24, 2008
COUNCILLOR KELLEY
WHEREAS: Cambridge is a City where many people own and live in condominiums; and
WHEREAS: Noise issues within the boundaries of a condominium have traditionally been viewed by the City as a matter to be handled by the relevant condominium trustees; and
WHEREAS: The Cambridge Noise Ordinance does not distinguish between condominium dwellers and other residents of Cambridge when stating that noise will be measured at the property line; and
WHEREAS: Other public health and safety issues are enforced by the City regardless of the ownership status of the relevant properties; now be it
ORDERED: That the City Council refer the matter of noise in condominium complexes to the Health and Environment committee for further discussion with the intent of developing a policy that encourages City agencies to enforce the Cambridge Noise Ordinance within condominium complexes to the extent legally possible.

O-11     Mar 24, 2008  Amended
COUNCILLOR KELLEY
WHEREAS: Bicycling is very dangerous in Cambridge; and
WHEREAS: Bicycling in Cambridge needs attention to be made safer; and
WHEREAS: The City Council greatly appreciates the Bicycle Committee and the bike advocates for all their hard work to make cycling in Cambridge safer; and be it further

WHEREAS: Hazards to cyclists include inattentive drivers and people, both passengers and drivers, opening their car doors in front of cyclists, as well as cyclists not using lights at night or riding without helmets; and
WHEREAS: As long as cycling remains so hazardous, it will be difficult to get people, especially parents transporting their children, to bicycle in Cambridge rather than drive; and
WHEREAS: Cambridge has started a public education campaign about bike safety based at least partly on informing people about the importance of keeping bike lanes free, of checking the mirror before opening car doors and of the need for cyclists to "be bright at night" and to wear a helmet; and
WHEREAS: This public information campaign, while a start, has not been as effective as is necessary to make Cambridge's streets sufficiently safe for cyclists; now be it therefore
ORDERED: That the City Manager be and hereby is requested to report back to the City Council before the summer break on what public education and traffic enforcement campaigns the City, through all relevant departments, is doing to make bicycling in Cambridge as safe as it possibly can be.

O-12     Mar 24, 2008
COUNCILLOR KELLEY
WHEREAS: Children 16 and under are required, by law, to wear helmets when bicycling; and
WHEREAS: Head injuries are a significant risk to cyclists who ride without helmets; and
WHEREAS: A white light is required on the front of a bicycle to legally ride during darkness; and
WHEREAS: Large numbers of children 16 and under ride in Cambridge without either lights at night or helmets; and
WHEREAS: The Police auction is coming up, during which bicycles will be sold; now be it therefore
ORDERED: That the City Manager be and hereby is requested to confer with relevant Department heads to ensure that all bicycles sold at the Police auction for use by children 16 or under are equipped at the time of sale with a white headlight and that the purchaser is given a helmet for the child rider to use.

O-13     Mar 24, 2008
COUNCILLOR DECKER
WHEREAS: Massachusetts is only one of five states that does not have a Board of Midwifery; and
WHEREAS: Midwifery services play an important role in women’s health; and
WHEREAS: In the Massachusetts Senate, Senate Bill 1251: An Act to Establish a Board of Midwifery, is currently in the 3rd reading in the Senate; and
WHEREAS: This bill would promulgate regulations and adopt such rules that are necessary to regulate the field and practice of midwifery and midwives; and
WHEREAS: The bill would also allow the Board of Midwifery to receive, review, approve or disapprove applications for licensing and to issue licenses; now therefore be it
RESOLVED: That this City Council go on record in support of Senate Bill 1251 and respectfully the urge the Massachusetts Senate to pass the bill; 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 Massachusetts Senate President and the Cambridge delegation to the Massachusetts Senate on behalf of the entire City Council.

O-14     Mar 24, 2008
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to review and report back on the feasibility of the City establishing mini-grants for seniors and other low-income residents who find their homes are now designated by FEMA as being within the flood plain, thus requiring the purchase of flood insurance; and be it further
ORDERED: That the City Manager be and hereby is requested to complete this review in time for consideration as part of the upcoming budget.

O-15     Mar 24, 2008
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to direct the appropriate staff to question NSTAR officials about the blackout of electrical service in west Cambridge on Mar 17, 2008 and to report back to the City Council on the reason for the blackout and whether there will be further occurrences.


O-16     Mar 24, 2008
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to consult with the Police Commissioner in an effort to put extra patrols in the area of the Yerxa Road underpass in an effort to fight against graffiti.

O-17     Mar 24, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to use Cambridge Municipal Television to publicize affordable housing opportunities now available, specifically, rental housing at North Point and homeownership opportunities at the Switch House on Riverside; and be it further
ORDERED: That notices be provided to all the members of the clergy.


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

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

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

08-22. Report from the City Manager:
RE: report on the regulations and policies regarding crossing guard duties and placement along with a list of crossing guard locations.
Councillor Kelley, Councillor Davis, Councillor Decker, Councillor Maher, Vice Mayor Murphy, Councillor Seidel, Mayor Simmons & Councillor Toomey 02/11/08 (O-9)

08-25. Report from the City Manager:
RE: report how many children with IEP's receive out of school assistance either written or not written into their plans.
Councillor Decker and Full Membership 03/03/08 (O-5)

08-26. Report from the City Manager:
RE: how many children with special needs or IEP's DHSP is making accommodations for in the after-school programs.
Councillor Decker and Full Membership 03/03/08 (O-9)

08-28. Report from the City Manager:
RE: report on regulations concerning where bicycles may be locked and how the City is currently enforcing those regulations when bicycles are not clearly abandoned.
Councillor Kelley and Full Membership 03/03/08 (O-16)

08-29. Report from the City Manager:  See Mgr#4
RE: report on how section 3.32 of the zoning code has been interpreted to allow Usable Open Space to be situated on any part of a lot regardless of underlying zoning requirements for any specific portion of the lot.
Councillor Kelley and Full Membership 03/03/08 (O-17)

08-30. Report from the City Manager:
RE: review relevant City streets with "do not enter" restrictions for where and how cyclists might be better accommodated by making the restrictions apply only to motor vehicles.
Councillor Kelley and Full Membership 03/03/08 (O-18)

08-31. Report from the City Manager:
RE: report on the status of on-street parking permit restrictions applied to the residents of Harvard's new construction in Riverside and what sort of permutations of this type of parking-restricted development could be used elsewhere in Cambridge.
Councillor Kelley and Full Membership 03/03/08 (O-19)

08-32. Report from the City Manager:
RE: report on the policies regarding City vehicles parking in specially designated parking spots or street zones.
Councillor Kelley and Full Membership 03/03/08 (O-20)

08-33. Report from the City Manager:  See Mgr#3
RE: commence traffic and parking enforcement on Museum Way and North Point Boulevard and time frame of when these streets will be fully handed over to the City.
Councillor Toomey and Full Membership 03/03/08 (O-21)

08-34. Report from the City Manager:
RE: report on plan to improve and maintain the MLK Plaza, the pocket park on Franklin Street and the Central Square Branch Library and the Manning Apartments.
Councillor Davis and Full Membership 03/03/08 (O-22)

08-35. Report from the City Manager:
RE: report on the status of the Rodent Task Force.
Councillor Reeves 03/03/08 (O-30)

08-36. Report from the City Manager:
RE: report on the decision of the Appellate Tax Board that telecommunication companies are now taxable on poles and wires and the impact to Cambridge.
Councillor Toomey & Mayor Simmons 03/03/08 (O-32)

08-37. Report from the City Manager:
RE: report on working with the neighborhood on impacts of revised Flood Insurance Rate Maps.
Councillor Seidel, Councillor Maher, Councillor Davis, Councillor Kelley, Vice Mayor Murphy, Councillor Reeves, Mayor Simmons & Councillor Toomey 03/17/08 (O-6)

08-38. Report from the City Manager:
RE: report on status of CPA funding for this upcoming year.
Councillor Seidel, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Mayor Simmons & Councillor Toomey 03/17/08 (O-7)

08-39. Report from the City Manager:
RE: report on statistically valid validation program of FEMA's flood map data.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Councillor Toomey 03/17/08 (O-10)

08-40. Report from the City Manager:
RE: report on how Cambridge could become eligible for Energy Efficiency & Conservation Block Grant program money.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-14)

08-41. Report from the City Manager:
RE: report on what process is being followed to develop programs for the new West Cambridge Community Center.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

08-42. Report from the City Manager:
RE: report on plans for possible street closing, parking plan and any other logistics of the planned construction at the Middlesex Court House.
Councillor Toomey 03/17/08 (O-18)