Cambridge City Council meeting – May 8, 2006 – AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as members of the Council on Aging Board effective May 1, 2006:
NAME;  TERM
Margaret Murray;  3 years
John T. Owens;  3 years
Rev. Marnette Saz;  3 years
Edna Stamp;  3 years
Kathleen Connelly, LCSW;  2 years
Mary Costello;  2 years
Christina Murphy, LICSW;  2 years

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-42, regarding the reuse of the police station for school administrative offices.

"The soonest the location would be available to commence renovation will be Spring of 2008. A conservative estimate of renovation costs using 45,000 gross square feet at $275 per square foot of construction costs amounts to $12,375,000. It would be prudent to view this capital need along with the school facilities assessment currently underway. Additionally, decisions need to be made by the School Committee as to whether to declare any of the two vacated school buildings as surplus. Obviously, the sale of at least one of these buildings could help offset capital costs."

"Furthermore, in reuse considerations, location(s) for the Community Learning Center and the Multi-Service Center must be considered."

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-57, regarding a report on a request for documents related to the Trolley Square and No. Massachusetts Avenue VFW construction projects.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-43, regarding a report on the schedule and improvements to the Glacken Field tennis courts.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-45, regarding a report on a replacement for the Huron Drug Store.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the Parking and Transportation Demand Management Ordinance Recertification.

To: Robert W. Healy, City Manager
From: Beth Rubenstein, Assistant City Manager for Community Development
Date: May 2, 2006
Re: Parking and Transportation Demand Management Ordinance Recertification

As you know, when the PTDM ordinance was originally adopted in 1998 it had a three-year sunset provision. In 2001, the ordinance was reauthorized for five years and will expire in September 2006. Without recertification, the Ordinance will expire automatically. As this expiration date is now approaching, it is time to begin the recertification process.

The City’s experience over the past seven and a half years with PTDM has been very positive. The ordinance has led to innovative measures such as support for the local transportation management association (TMA), the E-Z Ride shuttle, monthly MBTA pass subsidies, increased pedestrian amenities, and the incorporation of on site Zipcar and bicycle facilities. Thirty-seven plans have been approved to date. Project proponents have produced innovative plans for reducing the traffic impacts associated with development. Because of the commitments made in PTDM plans, the impact of these 37 projects will be reduced by 8,400 peak hour auto trips daily and more than 50 million miles driven annually. Given the success of the PTDM Ordinance, we are proposing only a minor change (see attached) to the original ordinance, removing the sunset provision.

Please forward the proposed recertified PTDM Ordinance to the City Council. We look forward to discussing the PTDM Ordinance with the Ordinance Committee.

Thank you.

Proposed change to the PTDM Ordinance:
Section 10.18.090 Evaluation
This ordinance shall expire five years from September 24, 2001 unless the City Council votes prior to the expiration of said five years to extend the validity of the ordinance.
The PTDM Planning Officer shall prepare a report annually on the status and effectiveness of the implementation of this Ordinance.
Deletion of sunset clause.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-37, regarding a report on ways to strengthen public participation and community benefit elements of the special permit process.

May 8, 2006
To the Honorable, the City Council:

In response to Awaiting Report Item Number 06-37, regarding a report on ways to strengthen public participation and community benefit elements of the special permit process, Assistant City Manager for Community Development Beth Rubenstein reports the following:

In Cambridge, the City Council has designated the Planning Board to be the special permit granting authority for a variety of special permits available in the local Zoning Ordinance. As the special permit granting authority, the Planning Board must follow the provisions of state law Chapter 40A with regard to procedures and criteria relating to the grant or denial of those permits. Chapter 40A, Section 9, specifies procedural requirements and time frames for the required public hearing (within 65 days of the application) and for rendering a decision (90 days from the hearing). These timeframes are very important, as failure to act within these time periods can result in a "constructive grant," giving the applicant the right to proceed without approval by the Board.

Public Participation
As specified in Chapter 40A, Section 11, public hearings must be advertised in advance and noticed to abutters. The Community Development Department routinely sends the notice of public hearing to a wider group than strictly required by state law. At the public hearing, any interested party is afforded an opportunity to speak about the project, pose questions, and give their opinion to the Board.

When a developer submits an application for a special permit, the applicant is advised by city staff to talk with abutters and neighbors about the project, particularly when it is a larger project or one that is expected to have impacts on the neighborhood. Names of neighborhood group contacts and mailing lists are supplied upon request.

It is also the staff’s custom to meet with abutters and neighborhood groups, at their request, to describe the project, the zoning regulations that apply to it, and the procedures that must be followed to get final approval from city agencies. (A meeting of this sort was held in April to discuss the public process for the planned housing project at the Concord Self-Storage site on Birch Street.)

Once the project comes to the Planning Board for review, the Board will typically ask the applicant about their communication with the neighborhood for a project of any significant size or impact. While this is not a written requirement, it is advice well taken and developers who have not talked with their neighbors may be asked by the Planning Board to hold a meeting with neighbors and begin identifying their concerns before returning to the Board for further discussion.

In order to make sure that public participation continues to be a strong element of project review, staff will discuss with the Planning Board possible revisions to their Rules and Regulations to emphasize the expectation that petitioners will meet with neighborhood groups prior to public hearings on larger projects. The Board may also want to consider altering the special permit application to include a discussion of community outreach prior to the formal PB hearing.

Community Benefit
Discussions of community benefit occur within the context of the special permit review. Since 2001 (Citywide Zoning Changes), a new Article 19 of the Cambridge Zoning Ordinance has required projects in excess of 50,000 square feet to obtain a Project Review special permit from the Planning Board. This article usually requires preparation of a traffic study as well as a detailed review of the urban design characteristics of the project. (Portions of Article 19, describing the evaluation criteria, are attached for your information.) While there are several types of special permits--including PUDs, multi-family, flood plain and others--the Article 19 Project Review Special Permit is most relevant to larger projects.

Traffic impacts are weighed against a set of traffic indicators that the City Council adopted in 2001, encompassing 24-hour and peak hour traffic volumes, intersection level-of-service analysis, volumes on residential streets, and impact on pedestrians and bicyclists. Each indicator has a set of numerical values against which it is evaluated; the Planning Board establishes these values from time to time, as directed by the Zoning Ordinance. When values are exceeded, the Planning Board generally will look for actions to mitigate the impact on the surrounding neighborhood. It is in this context that developers may be required to provide roadway or signal improvements, traffic calming, transportation demand managements measures, and the like. Such actions are written into the special permit decision and become binding on the developer.

Similarly, projects are weighed against a set of urban design objectives, also found in Article 19. These objectives or goals include responsiveness of the project to the existing (or anticipated) pattern of development, pedestrian and bicycle-friendly scale, impact on the environment, impact on city’s infrastructure services, enhancement of open space, and compatibility of urban aspects of the city as it has developed over time. When the project is found to have undue impact, the Planning Board may require changes to the project and/or mitigation measures to offset those impacts.

Survey of Other Communities
We have recently begun talking to other Massachusetts communities about their public participation and community benefit procedures. We will share the results of this survey when it is more complete.

To date we have not identified any community that requires a meeting with neighbors or community groups prior to the formal, required public hearing, though many communities strongly encourage it, as is the case in Cambridge. With regard to community benefit, the form of government may lead to a different forum for negotiation of such benefits. However, where the special permit process provides the forum for project review, we have found that other local ordinances are less specific and quantitative than Cambridge’s with respect to the criteria against which projects are evaluated.

The special permit criteria in the Zoning Ordinance provide detailed goals against which projects are evaluated and in the context of which mitigation measures are imposed. Having those impacts discussed at the Planning Board ensures that this evaluation is a public and open one and that the requirements imposed on the project are tied to the project, are of benefit to the neighborhood or the entire city and not only narrower interests, are written into the binding special permit (which follows the property should it be sold), and are able to be tracked over time.

Very truly yours,
Robert W. Healy
City Manager

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-54, regarding a report on amending the Zoning Ordinance and Planning Board procedures as they relate to public input.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Council Order Number 38, dated 2/27/06, which requested a draft amendment to the Cambridge Zoning Ordinance for City Council consideration to limit use conversion allowances to projects in which at least 65% of the original structure is to remain intact.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-39, regarding a report on the City’s policies and plans to minimize bothersome vehicular noise.

To the Honorable, the City Council:

In response to Awaiting Report Item Number 06-39, regarding a report on the City’s policies and plans to minimize bothersome vehicular noise, Police Commissioner Ronnie Watson reports the following:

The City Council requested the appropriate department heads to ascertain the policies and plans to minimize bothersome vehicular noise. The Council cites noise from loud motorcycles and vehicle mufflers and loud car radios as disruptive to residents in the warmer weather.

State law prohibits the operation of a motor vehicle, including motorcycles, on a public way with a muffler that has been modified, or an exhaust system which has been modified in a manner that will amplify or increase the noise emitted by the exhaust. The statute also prohibits any device that makes harsh, objectionable or unreasonable noise. M.G.L. c. 90 §16. Additionally there is a statute that sets standards for noise that is emitted by motorcycles. M.G.L. c. 90, §7B. The Operations Division and the Traffic Unit of the police department will take the appropriate enforcement actions when they observe this type of offending behavior.

In addition to the state statutory regulation of exhaust systems, the Cambridge Municipal Code addresses loud radios and horns on motor vehicles as well as motor vehicle burglar alarms. The Noise Control Ordinance, found in Article 8, Section 8.16 of the Code provides for enforcement of both measured and non-measured sound from motor vehicle horns and radios. The Ordinance authorizes the police to enforce against violators and provides for fines of up to $300.00 per violation. The License Commission has a sound meter and they will respond to calls to assist the police with enforcement issues, if necessary.

The Police Department actively enforces the ordinances that address construction noise and deliveries before 7AM. Frequently, the police respond to complaints and instruct the offenders to stop the noise and they comply. When they do not do so, a city Ordinance citation is issued if they are violating the Noise Control Ordinance or a Uniform Traffic Citation is issued if they are violating the traffic laws.

A review of our Computer Assisted Dispatch records for noise complaint calls revealed that between 4/29/05 and 4/29/06, the Emergency Communications Center received 58 calls for idling trucks, buses, loud yard equipment and similar noise. They received 199 calls for loud construction on buildings or in the street. There were 1194 calls for loud music, which included loud car stereos and loud street performers. Additionally, there were 1128 complaints of other noise which included loud youths, parties and loud neighbor complaints. There were 46 traffic citations issued for loud vehicles and 24 citations for violations of city Ordinance by the Cambridge Police Department.

Very truly yours,
Robert W. Healy
City Manager

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-12, regarding future purchases or leases of either hybrid or low-emission vehicles.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons to serve as members of the Cambridge Kids’ Council effective May 3, 2006:
City Councillor Craig Kelley
School Committee Member Luc D. Schuster
School Committee Member Richard Harding, Jr. (Mayor’s representative)

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-28, regarding a report on obtaining portable outdoor air quality monitoring equipment.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-51, regarding a report on when the tree planting will take place on Cameron Avenue.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $70,000 from the Employee Benefits Salary and Wages account to the General Fund Public Works Travel and Training (Judgments & Damages) account to cover medical services and/or prescription reimbursement costs for Public Works personnel injured in performance of their duties as well as for lump sum settlement payments.

CHARTER RIGHT
1. That the City Council go on record reaffirming its commitment as a Sanctuary City. Charter Right exercised by Councillor Simmons on Order Number Eighteen of May 1, 2006.

ON THE TABLE
2. Placed on Table on the motion of Councillor Kelley on February 27, 2006 on Awaiting Report Item Number 06-06 of February 27, 2006, regarding a report on the legality of the banners in front of the Dunkin’ Donuts at 2480 Massachusetts Avenue and at other location in the City.

UNFINISHED BUSINESS
3. 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 November 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 February 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.]

4. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on March 15, 2006 for the purpose of considering a petition filed by the Neighbors and Abutters of Blessed Sacrament (NABS)/Alan Zimlicki et al. to amend the Zoning Ordinance with regard to yards, open space, parking and special permit criteria for the redevelopment of existing buildings. The question comes on passing to be ordained on or after May 8, 2006. Petition expires June 13, 2006.

5. Proposed amendment to the Cambridge Municipal Ordinance regarding creating a Commission on Immigrant Rights and Citizenship. The question comes on passing to be ordained on or after May 8, 2006.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation and authorization order to borrow $1,500,000 to continue sewer reconstruction projects in the Cambridge Highlands and Cambridgeport areas of the City. The question comes on adoption on or after May 15, 2006.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation and authorization order to borrow an additional $350,000 to finance the reconstruction of the pedestrian underpass at Yerxa Road. The question comes on adoption on or after May 15, 2006.

APPLICATIONS AND PETITIONS
1. An application was received from Joe Sent Me, requesting permission for eight tables and sixteen chairs for restaurant seating in front of the premises numbered 2388 Massachusetts Avenue.

2. An application was received from the Margaret Fuller House, requesting permission for a temporary banner across Massachusetts Avenue at City Hall announcing the Sweet Soul Supper.

3. An application was received from Charlie’s Kitchen, requesting permission for six tables and twenty chairs for restaurant seating in front of the premises numbered 10 Eliot Street.


4. Petitions urging City Council to endorse FAMILIAS UNIDAS CAMPAIGN.


COMMUNICATIONS
1. A communication was received from Roy Bercaw, regarding Immigrant Commission and City Council Goals.

2. A communication was received from Roy Bercaw, regarding harassment based on sexual preference.

RESOLUTIONS
1. Resolution on the death of Nancy P. (McCarthy) Collette.   Councillor Galluccio, Councillor Sullivan, Councillor Kelley, Councillor Davis

2. Resolution on the death of John L. McAdams Jr.   Councillor Sullivan

3. Resolution on the death of Lance Corporal Michael Ford.   Councillor Decker

4. Resolution on the death of Private Raymond Henry.   Councillor Decker

5. Resolution on the death of Staff Sergeant Metodio Bandonill.   Councillor Decker

6. Resolution on the death of Corporal Jason Daniel.   Councillor Decker

7. Resolution on the death of Sergeant Robert Ehney.   Councillor Decker

8. Resolution on the death of Corporal Shawn Lasswell Jr.   Councillor Decker

9. Resolution on the death of Private Jacob Allcott.   Councillor Decker

10. Resolution on the death of Private Michael Bouthot.   Councillor Decker

11. Resolution on the death of Sergeant Kyle Colnot.   Councillor Decker

12. Resolution on the death of Specialist Eric King.   Councillor Decker

13. Resolution on the death of Sergeant 1st Class Richard Herrema.   Councillor Decker

14. Resolution on the death of Corporal Brandon Hardy.   Councillor Decker

15. Resolution on the death of Sergeant Lea Mills.   Councillor Decker

16. Resolution on the death of Sergeant Edward Davis III.   Councillor Decker

17. Resolution on the death of Sergeant Jose Gomez.   Councillor Decker

18. Resolution on the death of Staff Sergeant Bryant Herlem.   Councillor Decker

19. Urge all residents to be cognizant of the exhibit entitled "Above and Beyond: Our Community Responds to HIV/AIDS" on June 5, 2006 from 4:30pm to 7:00pm at the Jorge Hernandez Cultural Center, 85 W. Newton Street, Boston.   Mayor Reeves

20. Resolution on the death of Maria DeFatima Martins.   Vice Mayor Toomey

21. Congratulations to Amgen on the receiving the Leading Edge Award at the Excellence in Business Awards.   Mayor Reeves

22. Congratulations to the Boston Area Rape Crisis Center on receiving the Nonprofit of the Year Award at the Excellence in Business Awards.   Mayor Reeves

23. Congratulations to CTC Communications on receiving the New Member of the Year Award at the Excellence in Business Awards.   Mayor Reeves

24. Congratulations to jazz guitarist Fred Woodard on winning the award for Best Jazz Group at the 1st Annual New England Urban Music Awards.   Mayor Reeves

25. Congratulations to Genzyme Corporation on receiving the Corporate Citizen of the Year Award at the Excellence in Business Awards.   Mayor Reeves

26. Congratulations to PlanetTran, LLC on receiving the Small Business of the Year Award at the Excellence in Business Awards.   Mayor Reeves

27. Congratulations to Susan Lapierre on receiving the Barron Business Person of the Year Award.   Mayor Reeves

28. Congratulations to Nathaniel Cary on receiving the Ambassador of the Year Award at the Excellence in Business Awards.   Mayor Reeves

29. Resolution on the death of Donald B. Flanagan Sr.   Councillor Galluccio

30. Resolution on the death of Margaret A. "Margo" (Olsen) O’Loughlin.   Councillor Sullivan

31. Support of the 2006 Community-Wide Yard Sale to support our Sister City, Moss Point, Mississippi on June 24-25, 2006.   Councillor Sullivan

32. Urge all residents to be cognizant of and participate in the National Aphasia Association Speaking Out Conference in June 2006 at the Park Plaza Hotel.   Councillor Sullivan

33. Congratulations to MIT President Susan Hockfield on the successful MIT energy forum and the release of the report of the Energy Research Council.   Councillor Davis

34. Declare 2007 to be Poetry Year in Cambridge.   Councillor Davis

35. Best wishes for The Kendall Square Interactive Media Design Competition Final Presentations on May 10, 2006.   Councillor Sullivan

36. Appreciation to Julie Jacobowitz as she leaves her position as Director of CASPAR Youth Services to take a new position in New York City.   Councillor Sullivan

37. Urge all residents to participate in the tour of the Secret Gardens which will take place on Sunday, June 11, 2006 from 10:00am to 4:00pm.   Councillor Sullivan

38. Congratulations to Alison Jean Devaney and Gregory Paul Serra on their upcoming wedding.   Councillor Sullivan

39. Resolution on the death of Tia Nicole Curry.   Councillor Sullivan

40. Urge residents to be cognizant of the Warren Street Club’s Annual Memorial Mass honoring the departed "Brother Pals" which will take place on Sunday, May 14, 2006 at 8:45am at St. Francis Church.   Councillor Sullivan

41. Congratulations to Mr. Q and Ms. U on their marriage and to the honored guests of St. Peter School K2 class who will be attending the nuptials.   Councillor Sullivan

42. Congratulations to the recipients of the Tenth Annual Preservation Awards.   Councillor Sullivan, Mayor Reeves

43. Urge all senior residents to be cognizant of the Citywide Senior Center’s Mother’s Day Brunch which will take place on May 14, 2006.   Councillor Sullivan

44. Thanks to the Visual and Performing Arts Department of the Cambridge Public Schools for hosting an "Empty Bowls" Luncheon at CRLS.   Mayor Reeves

45. Congratulations to Marie-Noelle Doucet on the occasion of becoming a United States citizen.   Councillor Kelley

46. Thanks to the Harvard Museum of Natural History for hosting the Cambridge Family Night on April 28, 2006.   Councillor Kelley

47. Happy 50th Birthday wishes to Alexander Jablokow.   Councillor Kelley

48. Resolution on the death of Hugh Clarke.   Councillor Sullivan

49. Urge residents to be cognizant of the 11th Annual "Lift Every Voice & Sing" concert which will take place on June 18, 2006 at the First Parish Church in Brookline.   Mayor Reeves

50. Best wishes to Dr. Deborah James as she opens her own office in July, 2006.   Councillor Sullivan

51. Welcome Dr. Pearl Riney to Cambridge as she joins the practice of Epstein, Ballenger and Goldstein M.D.s.   Councillor Sullivan

52. Resolution on the death of Mildred Kneeland.   Vice Mayor Toomey


67. Sympathy to the family of Common Kendrick.   Mayor Reeves


ORDERS
1. Suitable dedication for Clelia Farinato.   Vice Mayor Toomey

2. Proposed amendments to City Clerk fees.   Vice Mayor Toomey
PASSED TO 2ND READING

3. That the City Manager is requested to develop a "Budget in Brief" citizens guide similar to that used in Pasadena, California.   Councillor Murphy

4. That the City Manager is requested to confer with the Postmaster as to the future location of the Post Office at 303 Cambridge Street as the building is up for sale.   Vice Mayor Toomey

5. That the City Manager is requested to provide the City Council with an update on the status of the Metropolitan Pipe site on Fulkerson Street for open space.   Vice Mayor Toomey

6. That the City Manager is requested to instruct all City departments, including Inspectional Services, to take appropriate action to address rabid raccoons living in abandoned buildings.   Councillor Davis

7. Dedication of a suitable location in honor of Maria De Fatima Martins.   Vice Mayor Toomey

8. That the City Manager is requested to instruct the Director of Traffic, Parking and Transportation to examine the feasibility of instituting resident parking on both sides of Gore Street between Lambert and Seventh Streets.   Vice Mayor Toomey

9. That the City Manager is requested to confer with the appropriate City departments to ascertain the possibility of turning the City-owned land adjacent to Lopez Park in East Cambridge into a public park or community garden.   Councillor Kelley and Councillor Davis -- AMENDED

10. That the City Manager is requested to confer with the appropriate City departments to ascertain the City’s detection and repair policy for potholes throughout the City.   Councillor Kelley

11. That the City Manager is requested to confer with the appropriate City departments to determine the status of repairs and corrections to bike lanes and bike route markings throughout the City.   Councillor Kelley and Councillor Davis

12. That the City Clerk be is requested to send copies of the minutes for the Transportation, Traffic and Parking Committee’s two meetings on the upcoming Storrow Drive reconstruction project to the Massachusetts Environmental Policy Act Unit within the Executive Office of Environmental Affairs, along with a cover letter noting that the enclosed minutes include Cambridge residents’ concerns about the project and requesting that the noted concerns be including in the MEPA scoping process.   Councillor Kelley and Councillor Davis

13. That the Cambridge City Council go on record as opposing any development in the Belmont Uplands that does not fully protect the Alewife Reservation and that the City Manager is requested to direct the City’s appropriate departments of Community Development and Cambridge Conservation Commission to respond fully to the Belmont Zoning Board of Appeals process.   Councillor Kelley, Councillor Davis and Vice Mayor Toomey

14. That this City Council go on record urging MIT to lead by example by making all its new buildings exemplary green buildings and in the case of the new graduate dormitory property on Vassar Street, in particular to take this opportunity to install either a green roof, solar panels or both.   Councillor Davis

15. That the City Manager is requested to designate the appropriate City staff to discuss with the M.I.T. Museum the placing of an appropriate creative and scientific installation at Lafayette Park in time for the 1st Annual Cambridge Science Festival expected to take place in the spring of 2007.   Councillor Davis and Mayor Reeves

16. Reaffirm Cambridge as a Sanctuary City and endorse the platform of the National Alliance of Latin American and Caribbean Communities’ Keep Our Families Together Campaign.   Councillor Simmons, Vice Mayor Toomey, Councillor Sullivan, Councillor Decker, Mayor Reeves, Councillor Davis and Councillor Murphy -- AMENDED
Original 1985 Sanctuary City Resolution

17. That the City Manager is requested to confer with the City Solicitor and the Director of the Traffic, Parking and Transportation Department to draft changes to relevant City ordinances to allow Cambridge residents using designated car-share automobiles to take advantage of all of the parking privileges available to residents who own their own cars, including the opportunity to park in resident-only spaces throughout the City and not just in their own neighborhoods without getting ticketed   Councillor Kelley

18. That the City Manager is requested to urge the Department of Conservation and Recreation to make all necessary repairs to the pedestrian overpass bridge on Memorial Drive including those requested three or more years ago to make the bridge safer, such as lighting and drainage among other things.   Councillor Davis

19. That the City Council go on record in support of H. 4719, An Act Reducing Diesel Emissions from Non-Road Construction Vehicles.   Councillor Kelley


20. That the City Manager be and hereby is requested to provide the City Council with a status report on traffic calming on Upland Road.   Councillor Sullivan

21. That the City Manager is requested to confer with the State Police and DCR relative to missing signage, timing of lights and increased enforcement in the area of Gerry's Landing Road, Mount Auburn Street and Coolidge Avenue.   Councillor Sullivan

22. That the City Manager is requested to confer with the License Commission and the Police Department in an effort to intercede to make MIT and Peter Pan aware of the anti-idling state law.   Councillor Sullivan

23. That the City Manager is requested to confer with the Animal Control Officer to inspect the abandoned property on Western Avenue between Kinnaird Street and Jay Street for possible rabid raccoons.   Councillor Sullivan

24. That the City Manager is requested to take the appropriate steps to enable the City of Cambridge to acquire the former Graham and Park School on Upton Street, including eminent domain.   Councillor Decker [Note: The City Clerk reports this as "and entire membership," but this seems unlikely.] CHARTER RIGHT - REEVES


HEARING SCHEDULE
Mon, May 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, May 10
10:00am   The Finance Committee will conduct a public meeting to discuss FY07 City Budget.  (Sullivan Chamber)
5:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the proposal for WIFI.  (Sullivan Chamber)

Thurs, May 11
6:00pm   The Finance Committee will conduct a public meeting to discuss FY07 School Department Budget.  (Sullivan Chamber)

Mon, May 15
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, May 17
8:30am   The Neighborhood and Long Term Planning Committee will conduct a public meeting to continue discussions with emphasis on a senior panel and resource fair geared to issues of concern to the senior population and its relation to neighborhoods.  (Sullivan Chamber)
5:15pm   The Ordinance Committee will conduct a public hearing on and amendment to the Zoning Ordinance to change the language "useable open space" to "private open space."  (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public hearing on a petition from Eileen Woodford et al. (Tobin-Danehy Zoning Petition) requesting amendments to the Zoning Ordinance to rezone an area currently zoned Res. C-1A, Res. B, and Industry A-1 to Residence C in the area bounded by Bay State Road, Fern, Field, New Streets and Concord Avenue.  (Sullivan Chamber)
6:30pm   The Ordinance Committee will conduct a public meeting to discuss FAR, traffic and transfer of development rights relative to the Concord Alewife rezoning petition.  (Sullivan Chamber)

Thurs, May 18
10:00am   The Finance Committee will conduct a public meeting to discuss FY07 City Budget. (if necessary)  (Sullivan Chamber)

Mon, May 22
4:00pm   2006 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, May 24
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss pedestrian issues relating to sidewalks specifically material used for sidewalks, tree roots, and sidewalk maintenance and repair and the report on provisions for parking for motorcycles, motor scooters and mopeds.  (Sullivan Chamber)

Tues, May 30
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the issue of the anti idling regulation and a follow up to the traffic enforcement management plan.  (Sullivan Chamber)

Wed, May 31
8:30am   The Neighborhood and Long Term Planning Committee will conduct a public meeting to continue discussion as they relate to neighborhoods, specifically to receive information about Transit Realty and the Bennett Street project, to receive information about demographics available from Election Commission, Inspectional Services and School Department and information about space available for community meetings.  (Sullivan Chamber)
5:00pm   The Ordinance Committee will conduct a public hearing on a petition from MSNP Cambridge Acquisition, LLC requesting to amend the text of the Zoning Ordinance in Article 20.80 - Memorial Drive Overlay District by inserting "Notwithstanding the foregoing, for purposes of computing lot area per dwelling unit, the provisions of Article 5.14 shall not apply" at the end of paragraph c. of Section 20.810.  (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public meeting to discuss environmental and infrastructure issues relative to the Concord Alewife rezoning petition.  (Sullivan Chamber)

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

Thurs, June 8
6:30pm   The Cable TV, Telecommunications Utilities Committee will conduct a public meeting to discuss why there are so many outages in the Area Four Neighborhood with NSTAR.  (Auditorium, 225 Windsor Street, Fletcher-Maynard Academy)

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

Wed, June 14
5:30pm   The Ordinance Committee will conduct a working meeting on Concord Alewife rezoning petition. No public comment.  (Ackermann Room)

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

Mon, June 26
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Sept 11
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 18
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TEXT OF ORDERS
O-1     May 8, 2006
VICE MAYOR TOOMEY
ORDERED: That the City Council dedicate an appropriate site in honor of Clelia Farinato; and be it further
ORDERED: That 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-2     May 8, 2006
VICE MAYOR TOOMEY
WHEREAS: During the revisions of Sections 2.24.50 and 2.119.030A. of the Cambridge Municipal Code to revise the fee structure in the Cambridge City Clerk’s Office, the fees for Termination of Business Certificates and Domestic Partnerships were inadvertently omitted from the amended ordinances; and
WHEREAS: There was no change to these fees; now therefore be it
ORDERED: That Chapter 2.24 entitled "City Clerk" in Section 2.24.050 "Fee Schedule" be amended to add after the item Amending Business Certificates the following fee:
   Termination of Business Certificate $5.00
   Also in Chapter 2.119 entitled "Domestic Partnerships" in Section 2.119.030 entitled "Registration and Termination" add at the end of Paragraph C the following:
   The fee for a Domestic Partnership termination shall be $5.00
and be it further
ORDERED: That the following proposed amendments to the Municipal Code be passed to a second reading.

O-3     May 8, 2006
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to develop a "Budget in Brief" citizens guide similar to that used in Pasadena, California. (www.ci.pasadena.ca.us/Finance/pdf/budgetInBrief.pdf - no longer available)

O-4     May 8, 2006
VICE MAYOR TOOMEY
WHEREAS: The building that houses the Post Office branch located at 303 Cambridge Street is up for sale; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Postmaster as to the future location of this branch at 303 Cambridge Street.

O-5     May 8, 2006
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an update on the status of the Metropolitan Pipe site on Fulkerson Street for open space.

O-6     May 8, 2006
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct all City departments, including Inspectional Services, to take appropriate action to address rabid raccoons living in abandoned buildings.

O-7     May 8, 2006
VICE MAYOR TOOMEY
ORDERED: That the City Council go on record dedicating a suitable location to Maria De Fatima Martins after consultation with the family; and be it further
ORDERED: That the Assistant to the City Council arrange a suitable dedication ceremony and for a sign.

O-8     May 8, 2006
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to examine the feasibility of instituting resident parking on both sides of Gore Street between Lambert and Seventh Streets.

O-9     May 8, 2006 AMENDED
COUNCILLOR KELLEY
COUNCILLOR DAVIS
WHEREAS: There is a lack of public open space in East Cambridge; and
WHEREAS: East Cambridge is very densely populated and has little green space; and
WHEREAS: Cambridge Community Gardens have been very successful neighborhood resources in other parts of the City; and
WHEREAS: Cambridge currently owns a small paved piece of property opposite Lopez Park in East Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to ascertain the possibility of turning the City-owned land adjacent to Lopez Park in East Cambridge into a public park or community garden; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation Department with the view in mind of closing part of Second Street to combine with this land to expand the available area.

O-10     May 8, 2006
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to ascertain the City’s detection and repair policy for potholes throughout the City; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-11     May 8, 2006
COUNCILLOR KELLEY
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to determine the status of repairs and corrections to bike lanes and bike route markings throughout the City; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-12     May 8, 2006
COUNCILLOR KELLEY
COUNCILLOR DAVIS
ORDERED: That the City Clerk be and hereby is requested to send copies of the minutes for the Transportation, Traffic and Parking Committee’s two meetings on the upcoming Storrow Drive reconstruction project to the Massachusetts Environmental Policy Act Unit within the Executive Office of Environmental Affairs, along with a cover letter noting that the enclosed minutes include Cambridge residents’ concerns about the project and requesting that the noted concerns be including in the MEPA scoping process.

O-13     May 8, 2006
COUNCILLOR KELLEY
COUNCILLOR DAVIS
VICE MAYOR TOOMEY
WHEREAS: The Alewife Reservation, its significant wildlife populations, and associated wetlands and woodlands are an important natural resource for all of Cambridge; the area now borders a large proposed development; and
WHEREAS: The Alewife Reservation and associated wetlands and uplands provide important floodwater storage capacity for Cambridge and Arlington; and
WHEREAS: The health of the Alewife Reservation is dependent on ecologically sound understanding of property up-gradient from it, to include the multi-acre, privately owned Belmont Uplands forest; and
WHEREAS: The Belmont Uplands are currently under consideration for a comprehensive permit to be developed; and
WHEREAS: Development of the Belmont Uplands could have severe negative consequences for the Alewife Reservation and associated Cambridge wetlands that border these uplands, and floodwater storage; now therefore be it
RESOLVED: That the Cambridge City Council go on record as opposing any development in the Belmont Uplands that does not fully protect the Alewife Reservation; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the City’s appropriate departments of Community Development and Cambridge Conservation Commission to respond fully to the Belmont Zoning Board of Appeals process now ongoing in Belmont.

O-14     May 8, 2006
COUNCILLOR DAVIS
RESOLVED: That this City Council go on record urging MIT to lead by example by making all its new buildings exemplary green buildings and in the case of the new graduate dormitory property on Vassar Street, in particular to take this opportunity to install either a green roof, solar panels or both; and be it further
RESOLVED: That the City Clerk be and hereby is requested to send a suitably engrossed copy of this resolution to MIT President Susan Hockfield on behalf of the entire City Council.

O-15     May 8, 2006
COUNCILLOR DAVIS
MAYOR REEVES
ORDERED: That the City Manager be and hereby is requested to designate the appropriate City staff to discuss with the M.I.T. Museum the placing of an appropriate creative and scientific installation at Lafayette Park in time for the 1st Annual Cambridge Science Festival expected to take place in the spring of 2007.

O-16     May 8, 2006 AMENDED
COUNCILLOR SIMMONS
VICE MAYOR TOOMEY
COUNCILLOR SULLIVAN
COUNCILLOR DECKER
MAYOR REEVES
COUNCILLOR DAVIS
COUNCILLOR MURPHY
WHEREAS: The City of Cambridge has been enriched and built by generations of immigrants; and
WHEREAS: Cambridge has a proud history as a Sanctuary city, as declared by City Council Order Number 4 of April 8, 1985; and
WHEREAS: There are now approximately 12 million undocumented immigrants in the United States who have been systematically denied the opportunity enjoyed by past generations of immigrants to become legal permanent residents or citizens of this country; and
WHEREAS: Over the past two decades, immigration policy has become even more restrictive and punitive and closed off avenues previously available for immigrants to obtain legal permanent residency, while the US-Mexico border has been further militarized; and
WHEREAS: While borders have been closed off to people over the past two decades, they have been simultaneously opened up to trade and capital; and
WHEREAS: These same "free trade" economic policies, have increased poverty and decreased opportunities for people to make a dignified living and support their families; and
WHEREAS: In 2005, record numbers of migrants seeking a means to support their families, with no alternative to migrate safely into the United States, perished in the desert along the US-Mexico border, while countless others lost their lives in the journey; and
WHEREAS: The migration experience has adverse emotional and psychological effects on families, who are kept apart for many years due to unjust immigration policies and backlogs in visa applications; and
WHEREAS: Undocumented immigrants are especially vulnerable to workplace abuses and housing discrimination; and
WHEREAS: Current US immigration policy does not reflect our standards of what is just, humane and moral; and
WHEREAS: Both undocumented and documented immigrants in the U.S. fuel our economy and those of their countries of origin; and
WHEREAS: On December 16, 2005, the House of Representatives passed HR-4437, which would have drastic consequences for nearly all immigrants to this country, their families, their neighbors and those who support them; and
WHEREAS: The US Senate is currently considering a companion bill to HR-4437 that contains many of the same counterproductive, misguided measures, including criminalization of immigrants and those who help them, further militarization of the border, turning police into immigration agents and erosion of cherished legal traditions such as due process; and
WHEREAS: The US Senate is also considering guest worker programs that would create a second-class citizenry without basic rights that would be disenfranchised and would be vulnerable to exploitation by unscrupulous employers; and
WHEREAS: Much of the public discourse surrounding immigration has taken on a tone that ranges from irrational to racist, as seen in the use of language such as "illegal" and "alien" to describe immigrants, which has a dehumanizing effect and helps justify policies that seek to criminalize and exclude immigrants; and
WHEREAS: Raids carried out by the federal government, ranging from the highly publicized nationwide workplace raids on April 17, 2006 that resulted in the arrest of 1,187 employees, to the less widely-known sweeps of homes such as occurred in Massachusetts on March 6, 2006, have instilled fear and panic in immigrant communities and created environments that are ripe for intimidation, harassment and racial profiling; and
WHEREAS: Following the raids in April, the US Homeland Security Secretary announced that it would be intensifying such enforcement measures, an announcement that came in the midst of unprecedented numbers of immigrants demonstrating in defense of their dignity, against HR-4437, and for an opportunity to obtain legal permanent residency; and
WHEREAS: The cities of Maywood, Huntington Park and Coachella, CA have resurrected the spirit of the Sanctuary City movement in recent months and declared themselves Sanctuary Cities, and cities such as San Francisco and Chicago have reaffirmed their commitments as a Sanctuary Cities; now therefore, be it
RESOLVED: That the City of Cambridge reaffirm its commitment as a Sanctuary City, as declared by City Council Order Number 4 of April 8, 1985; and be it further
RESOLVED: That the City of Cambridge endorses the platform of the National Alliance of Latin American and Caribbean Communities’ Keep Our Families Together Campaign:
* Legal permanent residency for all undocumented immigrants.
* Create an opportunity to apply for legal permanent residency status.
* Expedition of family visas.
* Visionary program for future migration flows that respects the rights of immigrants as workers and as human beings.
* The social, political and economic integration of new immigrants into US society;
and be it further
RESOLVED: That the US Department of Homeland Security and the US Immigration and Customs Enforcement be called upon to issue a moratorium on raids until the US congress comes to an agreement on comprehensive immigration reform so that the debate can be carried out in good faith, rather than against a backdrop of fear, repression and intimidation; and be it further
RESOLVED: That the City of Cambridge affirms the basic human rights and dignity and every human being; and be it further
RESOLVED: That the City of Cambridge rejects the use of the word "illegal" to describe human beings and the use of the word "aliens" to describe immigrants and hereby adopts the language "undocumented" when referring to those who do not have federally recognized resident status and "immigrant" to refer to those who have migrated to the US from another country; and be it further
RESOLVED: That the Cambridge City Council hereby urges the United States Senate to defeat HR 4437 and does hereby urge the President of the United States to veto such legislation if it is in fact approved by the Senate; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copy of this resolution to the Massachusetts Congressional delegation on behalf of the entire City Council.

O-17     May 8, 2006
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor and the Director of the Traffic, Parking and Transportation Department to draft changes to relevant City ordinances to allow Cambridge residents using designated car-share automobiles to take advantage of all of the parking privileges available to residents who own their own cars, including the opportunity to park in resident-only spaces throughout the City and not just in their own neighborhoods without getting ticketed; and be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with said draft amendments as soon as possible.

O-18     May 8, 2006
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to urge the Department of Conservation and Recreation to make all necessary repairs to the pedestrian overpass bridge on Memorial Drive including those requested three or more years ago to make the bridge safer, such as lighting and drainage among other things.

O-19     May 8, 2006
COUNCILLOR KELLEY
WHEREAS: Air quality issues in Cambridge pose severe public health concerns; and
WHEREAS: Diesel exhaust from construction vehicles contributes to Cambridge’s air quality problems; and
WHEREAS: Current construction equipment technology allows the use of less polluting ultra low sulfur diesel in construction equipment; now therefore be it
RESOLVED: That the City Council go on record in support of H. 4719, An Act Reducing Diesel Emissions from Non-Road Construction Vehicles; and be it further
RESOLVED: That the City Clerk be and hereby is requested to provide a copy of this resolution of support to the Cambridge delegation at the State House, the Senate President, the Speaker of the House and Governor Romney.


O-20     May 8, 2006
COUNCILLOR SULLIVAN
WHEREAS: Speeding is occurring on Upland Road; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with a status report on traffic calming on Upland Road.

O-21     May 8, 2006
COUNCILLOR SULLIVAN
WHEREAS: There is a high usage of vehicle traffic and pedestrians with two schools located in the area of Gerry’s Landing Road, Mount Auburn Street and Coolidge Avenue; and
WHEREAS: Two speed limit signs were not replaced after construction; and
WHEREAS: There are many school children and older citizens that try to cross the nearly 21 plus lanes of traffic; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the State Police and DCR relative to the following:
  * Replace the missing speed limit signs at BB & N gym (25 mph) and at Coolidge Avenue and Mount Auburn (30 mph) and check for additional signage;
  * Timing of lights to allow greater time for pedestrian crossing; and
  * Increased enforcement; and be it further
ORDERED: That the City Manager is requested to report back to the City Council with results.

O-22     May 8, 2006
COUNCILLOR SULLIVAN
WHEREAS: A complaint has been received that Peter Pan busses which service the Wellesley-MIT Shuttle are idling for up to fifteen minutes; and
WHEREAS: Chapter 90 Section 15A provides that idling may be a maximum of five minutes; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the License Commission and the Police Department in an effort to intercede to make MIT and Peter Pan aware of the anti-idling state law.

O-23     May 8, 2006
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to confer with the Animal Control Officer to inspect the abandoned property on Western Avenue between Kinnaird Street and Jay Street for possible rabid raccoons.

O-24     May 8, 2006
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to take the appropriate steps to enable the City of Cambridge to acquire the former Graham and Park School on Upton Street, including eminent domain.
[Note 1: The disposition of the former Graham & Parks School (as well as the former Longfellow School) is within the jurisdiction of the Cambridge School Committee, according to state statutes. The School Committee, currently without any working subcommittees (except its Budget subcommittee) as part of its unusual contract with School Superintendent Thomas Fowler-Finn, has not taken any action on this for several years, even as the School Department continues to rent (inadequate) space for its central administration, and the Community Learning Center (administered through the Dept. of Human Services Programs) also operates out of rented space.]
[Note 2: The idea of taking the G&P building by eminent domain resulted from a joke by City Manager Robert Healy during discussion of Manager's Agenda item #2.]