CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a public weigher at MICH-LIN transfer station located at 45 Mooney Street, Cambridge for the calendar year 2007: Hunter Evers

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-75, regarding a report on the City’s policy on idling City vehicles.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-73, regarding a report on how bicycle racks got vandalized and how they will be kept more secure in the future.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-123 and 06-124, regarding safety conditions for pedestrians and vehicles at the Fresh Pond Mall, particularly coming from under the bridge toward New Street.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-195, regarding a report on urban design process and advertising with restrictions related to the placement of public toilets in Central Square. [The communication quotes a response from MBTA General Manager Daniel A. Grabauskas agreeing to begin a pilot program to expand public use of restrooms in the Central Square, Harvard Square, Porter Square, and Alewife T stations. In addition, the City is in final negotiations with the Salvation Army located at 328 Mass. Ave. to have their toilet facilities expanded for public use. Once the final agreements have been reached, signs will be posted indicating public restroom facilities at each location.]

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-71, regarding a report on financial support to Homeowners Rehab, Inc. to subsidize the creation and fitting out a retail and community space at Trolley Square.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-78, regarding car vandalism in East Cambridge.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-121, regarding a report on the policy of public toilets at parks and sporting events.  Referred back to City Manager for list of locations - Galluccio

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-72, regarding a report on why NStar electric rates are higher in Cambridge then in other communities.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-74, regarding a report on implementing the new property tax exemption for National Guardsmen and Reservists.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $22,500 from the Traffic, Parking and Transportation Salary and Wages account to the Traffic, Parking and Transportation Travel and Training (Judgment and Damages) account to provide funds for a lump sum settlement payment to employees injured in the performance of their duties.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $2,800 from General Fund Emergency Communications Salary and Wages account to the General Fund Emergency Communications Travel and Training account (judgment and damages to cover current and anticipated medical services and/or prescription reimbursement costs for personnel injured in performance of their duties.

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Cambridge Individual with Special Needs grant received from private donations for $3,695.00 to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account to enhance the overall experience of participants in the Cambridge Special Needs Recreation program.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Byrne Grant from the Massachusetts Office of Public Safety for $75,000 to the Grant Fund Human Services Salary and Wages account ($58,474) and to the Grant Fund Human Services Other Ordinary Maintenance account ($16,526) and will support a support a range of summer employment and recreational activities for youth, including the launching of a new sports and enrichment camp for thirty middle school students and the operation of four summer leadership/employment programs for sixty teens.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $6,000 grant from the Institute for Community Health to the Department of Human Services (Cambridge Prevention Coalition) to the Grant Fund Human Services Salary and Wages account ($2,500) and to the Grant Fund Human Services Other Ordinary Maintenance account ($3,500) and will be used to support the Cambridge Prevention Coalition’s Parent Navigator Program and will support a portion of the salary of the Project Coordinator, vouchers for parent participants and other related program costs.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of user fees received from Cambridge Homeless Service Provider Agencies and surrounding communities to support the Cambridge Homeless Management Information System (HMIS), a citywide tracking system for homeless persons receiving services through the participating programs, in the amount of $3,000.00 to the Grant Fund Human Service Programs Other Ordinary Maintenance account.

17. Transmitting communication from Robert W. Healy, City Manager, relative to a required authorization vote by the City Council on a contract awarded by the School Committee for Special Education Transportation Services.

18. Transmitting communication from Robert W. Healy, City Manager, relative to a request for authorization to amend the loan order approved by the City Council on May 23, 2005 for $2,000,000 for renovations and improvements to several City buildings.  Passed to 2nd Reading

June 18, 2007

To the Honorable, the City Council:

I am hereby requesting the authorization to amend the loan order approved by the City Council on May 23, 2005 for $2,000,000 for renovations and improvements to several City buildings. The original loan order allocated the funds as follows:

$600,000 -- HVAC improvements to City Hall, Coffon Building, Senior Center, and Area IV Youth Center

$840,000 -- Remodeling and Repairs to City Hall

$560,000 -- Masonry Projects at City buildings

This amendment only changes the amount allocated to the HVAC and masonry category and does not change the total original amount approved of $2,000,000. Specifically, the HVAC allocation would increase by $211,000 from $600,000 to $811,000 and the masonry allocation would decrease by $211,000 to $349,000 from $560,000. This reallocation is needed to provide funding for the HVAC projects.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 18     June 18, 2007

ORDERED: That the loan order of the City Council passed May 23, 2005 is hereby amended to read as follows:

"Ordered: that the following amounts are appropriated for the purposes described below:

Amount Purpose

$811,000 -- Remodeling, reconstructing and making extraordinary repairs to various City buildings and design costs related thereto, consisting of HVAC improvements at City Hall (including replacement of boilers), the Coffon Building, the Senior Center and the Area IV Youth Center

$840,000 -- Remodeling, reconstructing and making extraordinary repairs to City Hall and design costs related thereto, including replacement of floors, installation of sprinklers and additional means of egress and elevator refurbishing and repair

$349,000 -- Remodeling, reconstructing and making extraordinary repairs to various City buildings, consisting of repointing and repairing masonry on such buildings

and that to meet these appropriations, the Treasurer with the approval of the City Manager is authorized to borrow $2,000,000 under Chapter 44 of the General Laws or any other enabling authority."

19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-49, regarding putting enforcement statistics on the website.  Kelley - NO

20. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-64, regarding a report on the ongoing lawsuit between the parties to the joint venture for the development at North Point.

June 18, 2007

To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-64, regarding a report on the ongoing lawsuit between the parties to the joint venture for the development at North Point, please be advised of the following:

As the City Council is aware through news media reports, the partners to the development entity which is developing the North Point area of the City are involved in litigation amongst themselves. As the Boston Globe reported on May 5, 2007 they are "hopelessly deadlocked with respect to continued development of the project" (according to one document in the court docket).

The development entity is called the North Point Cambridge Land Co. LLC, a Delaware limited liability company. While there are some complexities to the specific legal identities of the partners, we understand that they are essentially representatives of the B&M Railroad Company and Spaulding and Slye.

Because the North Point Cambridge Land Co. LLC is a Delaware corporation, the litigation is taking place in Delaware. We have been informed that the judge in that matter has set a trial date for July 31, 2007. We also understand that the parties are proceeding on an accelerated discovery schedule. The judge has reportedly indicated that if the parties are unable to reach a resolution as to their disputes by July 31, 2007, the trial will proceed. As we understand it, possible resolutions after trial may include the court ordering one or another of the parties to sell its interest to the other or the court could order the sale of all assets of the corporation with proceeds distributed proportionally between the parties.

Please be advised that the City is not a party to the Delaware litigation, and we have not had an opportunity to examine the docket or court filings in this matter. Until the lawsuit has been concluded and the future of the corporation made clear, we will not know what impact the litigation may have on the development or the planned relocation of Lechmere Station.

As you have requested, we will report back to the City Council as and when we learn of developments in the litigation.

Very truly yours, Robert W. Healy, City Manager

21. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-36, regarding a report on clarifying NSTAR’s policy of using variable providers.

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager relative to Awaiting Report Item Number 06-06 of Feb 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. [Placed on Table on the motion of Councillor Kelley on Feb 27, 2006.]

2. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to deny the Jitney License application of Star Shuttle, Inc. [Placed on Table City Manager Agenda Number Six of Nov 6, 2006 on the motion of Councillor Davis on Nov 6, 2006.]

3. 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 Dec 13, 2006 for the purpose of considering the Historical Commission’s recommendation for the consolidation of the Half Crown and Marsh Neighborhood Conservation Districts. [Placed on Table Committee Report Number Two of Jan 22, 2007 on the motion of Mayor Reeves on Jan 22, 2007. On Feb 12, 2007 Agenda Item Number Eight was referred to the Ordinance Committee and Calendar Item Number Seven and Eight.]

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 Dec 13, 2006 for the purpose of considering the recommendations for changes to the Neighborhood Conservation District Ordinance and the Avon Hill Neighborhood Conservation District Order, submitted by the Avon Hill Neighborhood Conservation District Boundary Study Committee and endorsed by the Historical Commission. [Placed on Table Committee Report Number Three of Jan 22, 2007 on the motion of Councillor Sullivan on Jan 22, 2007. On Feb 12, 2007 Agenda Item Number Eight was referred to the Ordinance Committee and Calendar Item Number Seven and Eight.]

5. Opposition to the Urban Ring Phase II bus system unless the whole route is grade separated to ensure that the buses would not have to compete with general traffic. [Placed on Table Order Number Nineteen of Apr 9, 2007 on the motion of Councillor Davis on Apr 9, 2007. Councillor Kelley’s motion to take from Table Failed 3-6-0 on Apr 23, 2007.]

6. An application was received from Singh Raghbin, requesting a curb cut at the premises numbered 66 Dudley Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Response has been received from neighborhood association. [Placed on Table Applications and Petitions Number Four of Apr 23, 2007 on the motion of Councillor Davis on Apr 23, 2007.]

7. That the City Manager is requested to direct the relevant Department heads to have the West Cambridge painted "rotary" removed. [Charter Right exercised by Vice Mayor Toomey on Order Number Sixteen of Apr 30, 2007. Placed on Table Order Number Sixteen of Apr 30, 2007 on the motion of Councillor Davis on May 7, 2007.]

8. That the City Manager is requested to provide the City Council with the accident statistics for Massachusetts Avenue from Upland Road to the Arlington line from January 2005 through June of 2007, broken down by the type of accident, severity of any injuries, date of accident and location of accident. [Charter Right exercised by Mayor Reeves on Order Number Ten of June 4, 2007. Placed on table by Councillor Davis on June 11, 2007.]  Motion to take from the table failed 4-5-0

UNFINISHED BUSINESS
9. 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.]

10. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Michael A. Sullivan, Co-Chair of the Ordinance Committee, for a public hearing held on May 24, 2007 to discuss the petition from the Constellation Charitable Foundation to amend the Zoning Ordinance in Section 13.42 and 13.43 in Article 13.000, Planned Unit Development Districts, Section 13.40, PUD-3 Development Controls. The question comes on passing to be ordained on or after June 18, 2007. Planning Board Report received on June 11, 2007. Petition expires Aug 22, 2007.  Ordained 9-0. Ordinance #1307

APPLICATIONS AND PETITIONS
1. An application was received from George J. Kelso, requesting permission for a sandwich board sign in front of 1350 Massachusetts Avenue.

2. An application was received from Rebecca’s Cafe, requesting permission for tables and chairs in front of 290 Main Street.

3. An application was received from Central Square Family Dental, requesting permission for a sandwich board sign in front of 714 Massachusetts Avenue.

4. Approval of constable bond surety received from Patricia Breen.

COMMUNICATIONS
1. A communication was received from Harold Guy Asaph, transmitting written opposition to the Cott petition.

2. A communication was received from Steven Reckhow, transmitting written opposition to the Cott petition.

3. A communication was received from James L. Watson, transmitting written opposition to the Cott petition.

4. A communication was received from Joseph Shimkas, transmitting thanks for the resolution.

5. A communication was received from Susan A. Ostrander on behalf of the Human Rights Commission, transmitting written opposition to the use of tasers in the City.

6. A communication was received from Roseann T. Bongiovanni, President of the Chelsea City Council, transmitting a resolution adopted by the Chelsea City Council naming Chelsea a "Sanctuary City".

7. A communication was received from Roy Bercaw, regarding lawless meetings.

RESOLUTIONS
1. Resolution on the death of Private First Class Justin Verdeja.   Councillor Decker
2. Resolution on the death of Specialist Romel Catalan.   Councillor Decker
3. Resolution on the death of Specialist William Crouch.   Councillor Decker
4. Resolution on the death of Sergeant Tyler Kritz.   Councillor Decker
5. Resolution on the death of Sergeant Keith Nepsa.   Councillor Decker
6. Resolution on the death of Sergeant Kimel Watt.   Councillor Decker
7. Resolution on the death of Specialist Jeremiah Costello.   Councillor Decker
8. Resolution on the death of Sergeant Shawn Dressler.   Councillor Decker
9. Resolution on the death of Sergeant James Akin.   Councillor Decker
10. Resolution on the death of Senior Airman William Newman.   Councillor Decker
11. Resolution on the death of Sergeant Robert Surber.   Councillor Decker
12. Resolution on the death of Sergeant Caleb Christopher.   Councillor Decker
13. Resolution on the death of Private First Class Shawn Gajdos.   Councillor Decker
14. Resolution on the death of Staff Sergeant Matthew Kuglics.   Councillor Decker
15. Resolution on the death of Private First Class Joshua Brown.   Councillor Decker
16. Resolution on the death of Staff Sergeant Juan Campos.   Councillor Decker
17. Resolution on the death of Staff Sergeant Timothy Cole, Jr.   Councillor Decker
18. Resolution on the death of Sergeant Andrew Higgins.   Councillor Decker
19. Resolution on the death of Staff Sergeant Travis Atkins.   Councillor Decker
20. Resolution on the death of Technical Sergeant Ryan Balmer.   Councillor Decker
21. Resolution on the death of Staff Sergeant Greg Gagarin.   Councillor Decker
22. Resolution on the death of Sergeant First Class Greg Sutton.   Councillor Decker
23. Resolution on the death of Sergeant Bruce Horner.   Councillor Decker

24. Resolution on the death of Will Stackman.   Councillor Sullivan

25. Resolution on the death of Joseph F. O’ Connor.   Councillor Sullivan

26. Congratulating Mark DeRoche on pitching a perfect game for his team in Yawkey League.   Vice Mayor Toomey

27. Congratulating Brad Tenney on becoming the new President of the Massachusetts Association of Contributory Retirement Systems, Inc.   Councillor Decker

28. Wishing Shawn Ivey the best of luck as he continues to serve his country overseas.   Vice Mayor Toomey

29. Congratulations to Harvard University on their Affordable Housing Project.   Councillor Sullivan

30. Congratulating Robin Harris on being honored at the fourth annual fundraiser of Tutoring Plus.   Mayor Reeves, Councillor Sullivan

31. Congratulating Kathleen Granchelli on being honored at the fourth annual fundraiser of Tutoring Plus.   Mayor Reeves, Councillor Sullivan

32. Welcoming Mr. Sun Shoushan and the delegation from the People’s Republic of China’s General Administration of Press and Publication to Cambridge.   Councillor Davis
Withdrawn by unanimous consent

33. Urging all Cantabrigians to be cognizant of the exhibition of George J. Kelso.   Councillor Sullivan

34. Extending best wishes to the Mid Cambridge Association Fifteenth Annual Ice Cream Social.   Councillor Sullivan

35. Resolution on the death of Nancy Snyder.   Councillor Sullivan

36. Proclaiming Sunday, June 17, 2007 as Velma Jeffers Day in Cambridge.   Mayor Reeves

37. Congratulations to Penelope Kleespies as recipient of the Mid-Cambridge Good Neighbor Award.   Councillor Sullivan

38. Resolution on the death of Leonard R. Sullivan, Sr.   Councillor Galluccio

39. Resolution on the death of Leonard F. Doyle.   Councillor Galluccio

40. Resolution on the death of Louis J. Gonnella.   Councillor Sullivan

41. Resolution on the death of Bara Baugher Moulding.   Councillor Sullivan

42. Thanking Cindy Sheehan for her courage and strength and all she has done for the anti-war movement in this country and extend its condolences to the Sheehan family on the loss of Casey.   Councillor Decker

43. Resolution on the retirement of Joseph Palombo.   Mayor Reeves, Vice Mayor Toomey

44. Congratulating William Jensen on his promotion to Captain in the United States Navy.   Councillor Kelley

45. Congratulations to Massachusetts Equality, Arlene Issacson and the thousands of same sex couples who have been married since May 17, 2004 on the freedom to marry.   Councillor Simmons

46. Resolution on the death of Edward Thomas Hanley.   Councillor Sullivan

47. Congratulating Corina McCarthy-Fadel on her award.   Mayor Reeves

48. Resolution on the retirement of Julia Morrison from the town of Arlington.   Mayor Reeves

49. Congratulating Norbert Lorscheider and Education First for their innovative and creative efforts in energy conservation.   Councillor Davis

50. The Fresh Pond Tenant Association, the Cambridge Health Alliance and the Cambridge Economic Opportunity Committee, Inc. - CEOC, are sponsoring a Health Fair on August 18, 2007.   Councillor Galluccio

51. Congratulations to the Las Chicas Bonitas on its Royal Ruby Debutante Ball.   Councillor Simmons

ORDERS
1. That the City Council go on record dedicating a suitable location to Will Stackman.   Councillor Sullivan

2. That the City Manager instruct the Director of Traffic, Parking and Transportation to post the regulation that resident parking permits nor visitor parking permits would be issued to tenants of the new graduate student housing constructed in the Kerry Corner area of the Riverside Neighborhood.   Councillor Galluccio  Amended

3. That the City Manager confer with the Director of Traffic, Parking and Transportation about violations to Chapter 40, Section 22 and report back to the City Council on this matter.   Councillor Sullivan

4. That the City Manager confer with the head of the recycling division of the Public Works Department on the future plans to increase paper recycling and to the feasibility of providing an additional recycling bin, to compliment the current bin, specifically designed for the recycling of paper products.   Vice Mayor Toomey

5. That the City Council urge Dr. Joseph Moore, the incoming president of Lesley University, to extend the current deadline and work with the Agassiz Preschool community to provide every assistance in the relocation of the preschool by finding space on the Lesley campus or elsewhere.   Councillor Davis

6. City Council go on record in support of the Employee Free Choice Act resolution.   Councillor Galluccio and Councillor Decker

7. That the City Manager direct the Commissioner of Inspectional Services to inspect the area in the vicinity of 7 Oakland Street for possible code violations.   Councillor Simmons

8. That the City Council go on record dedicating a suitable location in the vicinity of Brattle and Church Streets in honor of Wayne "Rusty" Drugan.   Councillor Sullivan

9. That the City Council go on record dedicating the corner of Pearl and Perry Streets as "William and Mary Walsh Square".   Councillor Sullivan

10. That the City Manager confer with the Department of Public Works on the status of landscaping improvements that have been envisioned or planned at the corner of Plymouth Street and Hampshire Street adjacent to 89 Hampshire Street.   Vice Mayor Toomey

11. That the City Manager clarify confusing issues at the corner of Granite and Brookline Streets and improve the timing of the light from Granite Street left onto Brookline Street.   Councillor Davis
Substitution:
11. Urge the Department of Conservation and Recreation to take responsibility for the intersection of Granite and Brookline Streets and that the Department of Conservation and Recreation coordinate with the City of Cambridge on operation and maintenance.   Councillor Davis

12. That the City Manager ask that MIT and Harvard share any data or results about the potential for local wind energy, especially the data from the feasibility study on Harvard’s Allston Campus and report back to the City Council on this matter.   Councillor Davis

13. That the City Manager confer with the appropriate departments to see what building permits have been pulled for 44 Brattle Street and that these permits be pulled recalled immediately until the matter of terminating employees during renovation is resolved.   Councillor Decker  Amended and divided

14. That the City Manager work closely with the Cambridge Housing Authority to ensure that the City of Cambridge takes all possible steps to ensure that the tenants of 128 Pine and 400 Franklin Streets do not lose the Section 8 eligibility and are provided with safe affordable housing and do not lose their homes and their Cambridge residency, and that the Inspectional Services Department and any other city services that can assist in a solution are involved.   Councillor Simmons  Amended

15. That the City Manager work with the owners of the Grand Junction Railroad to provide an appropriate level of policing for the Railroad Tracks and report back to the City Council on this matter.   Councillor Kelley

16. That the City Manager contact the director of the State Police with the request that officers on traffic details during special events along Memorial Drive are more consistent in effectively carrying out their traffic enforcement duties.   Councillor Kelley

17. That the City Manager report back to the City Council on the status of putting the City’s Self-Evaluation Plan on the City’s website.   Councillor Kelley

18. That the City Manager confer with relevant department heads to have all special programs, special exemptions and special services offered by the City to be clearly listed and described on the website of the Cambridge Commission for People with Disabilities and report back to the City Council on this issue.   Councillor Kelley

19. Dedicate an appropriate site in honor of Principal Joe Petner.   Councillor Galluccio, Councillor Sullivan

20. Dedication for Constance Dilando.   Vice Mayor Toomey, Councillor Galluccio, Councillor Sullivan

21. That the Cambridge City Council urge U.S. Representative Michael Capuano to support increased funding for CFP and also support language that strengthens the ability of schools to purchase from local farmers, the Healthy Food Enterprise Development Program, and urban agriculture.   Councillor Davis, Councillor Sullivan and Councillor Galluccio

22. That the City Council reaffirms its strongest desire to see OB/GYN services including mid-wives remain intact at the Windsor Health Street Clinic and request the Cambridge Health Alliance to respond to the questions raised in this order by the June 25, 2007 City Council meeting.   Councillor Decker, Councillor Simmons, Vice Mayor Toomey and Councillor Galluccio

23. That the City Manager is requested to confer with the Assistant City Manager of Community Development to report to the City Council on what the effects of a Residence C district for area, in the Cott petition would be compared to Residence B or Residence C-1.   Councillor Davis

24. That the City Manager confer with the appropriate departments to see what building permits have been pulled for 44 Brattle Street and that these permits be recalled immediately until the issue of employee discrimination and wrongful termination being attributed to store renovations has been investigated.   Councillor Decker, Councillor Davis, Councillor Galluccio, Councillor Murphy, Mayor Reeves, Councillor Simmons, Councillor Sullivan and Vice Mayor Toomey  Referred to the City Solicitor for an opinion as to wording
[Note: I do not believe this is the Order that was passed as written. The Council split Order 13 into two parts, and this clause was referred to the Law Department for an opinion on its legal implications. I do not believe any order was passed calling for the immediate recall of any permits. Councillor Kelley was the only councillor who voted against this Order.]

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee, for a meeting held on May 15, 2007 for the purpose of discussing issues including speed bumps, raised intersections and other devices intended to slow traffic speeds, the limits of employing these devices and the criteria for selection of the placement of these devices.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on June 6, 2007 for the purpose of considering a petition filed by Felicia Cott et al. to amend the zoning map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B.  Passed to 2nd Reading

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on June 6, 2007 for the purpose of considering a petition to amend the Zoning Ordinance filed by Craig H. Appel et al.  Passed to 2nd Reading

HEARING SCHEDULE
Mon, June 18
5:30pm   City Council Meeting  (Sullivan Chamber)
5:30pm   Special Presentation to Nelson Albandoz and Jack Loder for their attempt to assist Cambridge Police Personnel.  (Sullivan Chamber)

Wed, June 20
9:30am   The Economic Development, Training, and Employment Committee will conduct a public meeting to receive an update on commercial vacancies along Massachusetts Avenue and any other high-traffic streets.  (Sullivan Chamber)

Mon, June 25
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, June 26
2:00pm   The Health and Environment Committee will conduct a public meeting to receive an update from the Cambridge Health Alliance on current projects.  (Sullivan Chamber)

Thurs, June 28
4:15pm   The Claims Committee will conduct a public hearing to consider claims filed against the City.  (Anastos Room)
5:00pm   The Public Safety Committee will conduct a public meeting to discuss with the Police commissioner his action plan for violence prevention during the summer in the city.  (Sullivan Chamber)

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

Mon, Sept 10
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

Mon, Oct 1
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Oct 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 29
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

Mon, Dec 10
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

TEXT OF ORDERS
O-1     June 18, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Council go on record dedicating a suitable location to Will Stackman, after consultation with his family; and be it further
ORDERED: That the Assistant to the City Council arrange a dedication ceremony and make the necessary arrangements for a sign.

O-2     June 18, 2007  Amended
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to post the regulation that neither resident parking permits nor visitor parking permits would be issued to tenants of the new graduate student housing constructed in the Kerry Corner area of the Riverside Neighborhood; and be it further
ORDERED: That said regulations be made available by the Director of Traffic, Parking and Transportation to the entity who is granting the lease to these tenants for distribution to the tenants or lease holders.

O-3     June 18, 2007
COUNCILLOR SULLIVAN
WHEREAS: It has come to the attention of this City Council that the Traffic, Parking and Transportation Department are issuing expired meter tickets to individuals who display disabled placards; and
WHEREAS: Massachusetts General Law Chapter 40 Section 22 permits individuals with disabled placards to park their vehicles at parking meters for an unlimited amount of time without paying a fee; and
WHEREAS: This state law is being ignored by the Traffic, Parking and Transportation Department; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation about this regulation and report back to the City Council on this matter.

O-4     June 18, 2007
VICE MAYOR TOOMEY
WHEREAS: The City of Cambridge benefits from the amount of recyclable material that it generates because it decreases the amount of waste that the City must pay to dispose; and
WHEREAS: The "If It Rips Recycle It" program is targeted toward increasing the amount of paper products that are being recycled; and
ORDERED: That the City Manager be and hereby is requested to confer with the head of the recycling division of the Public Works Department on the future plans to increase paper recycling and to the feasibility of providing an additional recycling bin, to compliment the current bin, specifically designed for the recycling of paper products.

O-5     June 18, 2007
COUNCILLOR DAVIS
WHEREAS: The Agassiz Preschool is a cherished institution that has provided vital and longstanding service to families in Cambridge; and
WHEREAS: Retention of the early childhood education and care offered at Agassiz Preschool is crucial to supporting and retaining our young families; and
WHEREAS: The preschool must be relocated due to the purchase and development of its present building by Lesley University and the current deadline for vacating its premises is August 2008; and
WHEREAS: Suitable indoor and outdoor play space, without which the future of Agassiz Preschool is in jeopardy, is scarce and expensive in Cambridge; now therefore be it
RESOLVED: That the City Council be and hereby is requested to urge Dr. Joseph Moore, the incoming president of Lesley University, to extend the current deadline and work with the Agassiz Preschool community to provide every assistance in the relocation of the preschool by finding space on the Lesley campus or elsewhere.

O-6     June 18, 2007
COUNCILLOR GALLUCCIO
COUNCILLOR DECKER
WHEREAS: The Boston City Council has passed a resolution in support of the Employee Free Choice Act; and
WHEREAS: The Employee Free Choice Act would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them, provide for first contract mediation and arbitration; and establish meaningful penalties for violations of a workers freedom to choose a union; and
WHEREAS: The Employee Free Choice Act has been introduced in the U.S. Congress for order to restore workers’ freedom to join a union; and
WHEREAS: A workers’ fundamental right to choose a union free from coercion and intimidation is a public issue that requires public policy solutions, including legislative remedies; and
WHEREAS: The Employee Free Choice Act will safeguard workers’ ability to make their own decisions, provide for first contract medication and arbitration and established meaningful penalties when employees violate workers’ rights; now therefore be it
RESOLVED: That this Cambridge City Council go on record in support of the Employee Free Choice Act; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution to the AFL-CIO and the Greater Boston Labor Council on behalf of the entire City Council.

O-7     June 18, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to direct the Commissioner of Inspectional Services to inspect the area in the vicinity of 7 Oakland Street for possible code violations.

O-8     June 18, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Council go on record dedicating a suitable location in the vicinity of Brattle and Church Streets in honor of Wayne "Rusty" Drugan; and be it further
ORDERED: That the Assistant to the City Council confer with the family regarding a suitable dedication ceremony and the Department of Public Works for the sign.

O-9     June 18, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Council go on record dedicating the corner of Pearl and Perry Streets as "William and Mary Walsh Square"; and be it further
ORDERED: That the Assistant to the City Council arrange a suitable dedication ceremony, after consultation with the family, and arrange for a sign.

O-10     June 18, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and herby is requested to confer with the Department of Public Works on the status of landscaping improvements that have been envisioned or planned at the corner of Plymouth Street and Hampshire Street adjacent to 89 Hampshire Street.

O-11     June 18, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to clarify confusing issues at the corner of Granite and Brookline Streets and improve the timing of the light from Granite Street left onto Brookline Street.

O-11 AMENDED ORDER     June 18, 2007
COUNCILLOR DAVIS
WHEREAS: The intersection of Granite Street and Brookline Street was designed to be operated and owned by the Department of Conservation and Recreation; and
WHEREAS: The Department of Conservation and Recreation has not taken ownership of this intersection and it is in administrative limbo; and
WHEREAS: Outages at the intersection and design and operation issues are not being addressed causing danger and inconvenience to the community; now therefore be it
ORDERED: That the City Clerk be and hereby is requested to send a copy of this order to the new Commissioner of the Department of Conservation and Recreation urging the organization to take responsibility for the intersection; and be it further
ORDERED: That the Department of Conservation and Recreation coordinate with the City of Cambridge on operation and maintenance.

O-12     June 18, 2007
COUNCILLOR DAVIS
WHEREAS: As part of an MIT course during the spring semester, students participated in a wind study, "Feasibility Study and Recommendations for Implementing Wind Power on MIT’s Campus", and an MIT graduate student also worked with a team of CRLS students to assess the feasibility of implementing renewable energy technology on the roof of CRLS; and
WHEREAS: MIT’s Manager of Sustainability Engineering and Utility Planning is exploring various renewable energy options, the use of wind energy among them; and
WHEREAS: Harvard University is committed to investigating wind energy beginning with a feasibility study to measure wind on its Allston campus by erecting a meteorological tower in the Allston athletic fields and attaching wind measurement devices that will track wind data for one year; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask that MIT and Harvard share any data or results about the potential for local wind energy, especially the data from the feasibility study on Harvard’s Allston Campus; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council about this matter.

O-13     June 18, 2007  Amended
COUNCILLOR DECKER
WHEREAS: The City of Cambridge is committed to the right of all workers to have dignity in their lives, safe conditions at work, a living wage, and health benefits, and supports responsible employers who follow the law and treat their workers fairly; and
WHEREAS: On May 29, 2007, eighteen Ann Taylor employees employed at the Harvard Square location were told that their jobs were terminated due to store renovations; and
WHEREAS: Ann Taylor is in the process of re-imaging their products and store for a younger generation; and
WHEREAS: At least four of these terminated employees are over the age of fifty; and
WHEREAS: These workers no longer have health insurance and their retirement benefits in jeopardy; and
WHEREAS: The City of Cambridge does not support age discrimination in hiring/firing of employees; and
WHEREAS: Since October 2006, management had been aware of these pending renovations and had informed the employees that they would be offered transfers to other stores but instead they were terminated; and
WHEREAS: Because these employees were terminated, they have to re-apply to the company for a job and start at beginning wages again; now therefore be it
ORDERED: That this City Council go on record in support of these eighteen women who have been terminated from their employment; and be it further
ORDERED: That this City Council go on record condoning condemning Ann Taylor on their actions and hope that this matter be resolved quickly; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to see what building permits have been pulled for 44 Brattle Street and that these permits be pulled immediately until this matter has been cleared up; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Ann Taylor Corporation on behalf of the entire City Council.

O-14     June 18, 2007  Amended
COUNCILLOR SIMMONS
WHEREAS: It has come to the attention of the Cambridge City Council that the Cambridge Housing Authority is apparently in the midst of determining that a number of units at 128 Pine Street and 400 Franklin Street will no longer be eligible for rental as Section 8 housing; and
WHEREAS: Tenants of these units have expressed their concern that they will lose their housing, in some cases in apartments that they have occupied for thirty years, because of disputes between their landlord and Cambridge Housing Authority officials which they would prefer to see resolved less drastically; and
WHEREAS: The City of Cambridge is committed to keeping as much housing affordable as possible and to keep as many Cambridge residents in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with Greg Russ, Executive Director of the Cambridge Housing Authority to work closely with the Cambridge Housing Authority, to ensure that the City of Cambridge takes all possible steps to ensure that the tenants are provided with safe affordable housing and do not lose their homes and their Cambridge residency, and that the Inspectional Services Department and any other city services that can assist in a solution are involved; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council before the July 30, 2007 meeting.

O-15     June 18, 2007
COUNCILLOR KELLEY
WHEREAS: Neighbors of the Grand Junction Railroad have complained of illegal and bothersome behavior on the railroad tracks; now be it
ORDERED: That the City Manager be and hereby is requested to confer with the owners of the Grand Junction Railroad to determine what level of policing is currently done on the Grand Junction Railroad tracks; and be it further
ORDERED: That the City Manager be and hereby is requested to determine if the Cambridge Police Department can patrol the Grand Junction Railroad tracks; and be it further
ORDERED: That the City Manager be and hereby is requested to work with the owners of the Grand Junction Railroad to provide an appropriate level of policing for the Railroad Tracks; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.

O-16     June 18, 2007
COUNCILLOR KELLEY
WHEREAS: The State Police provide traffic details during special events along Memorial Drive; and
WHEREAS: These details, when properly done, assist in allowing both pedestrian and vehicular traffic to safely negotiate Memorial Drive and associated intersections; and
WHEREAS: The officers staffing these details do not always provide the level of service required to appropriately supervise traffic in this area; now be it
ORDERED: That the City Manager be and hereby is requested to contact the director of the State Police with the request that officers on traffic details during special events along Memorial Drive are more consistent in effectively carrying out their traffic enforcement duties.

O-17     June 18, 2007
COUNCILLOR KELLEY
WHEREAS: The Internet is a very useful way for people with disabilities to obtain information; and
WHEREAS: The City’s website is an award-winning website; and
WHEREAS: The City Council has requested that the City Manager make the necessary arrangements to have the City’s Self-Evaluation Plan put on the website; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the status of putting the City’s Self-Evaluation Plan on the City’s website.

O-18     June 18, 2007
COUNCILLOR KELLEY
WHEREAS: The City of Cambridge offers a variety of special programs, special exemptions and special services to people with disabilities; and
WHEREAS: These special programs, special exemptions and special services are coordinated through City offices and departments; and
WHEREAS: It is not readily clear what these special programs, special exemptions and special services are, what departments provide them or who is eligible for them; now be it therefore
ORDERED: That the City Manager be and hereby is requested to confer with relevant department heads to have all special programs, special exemptions and special services offered by the City to be clearly listed and described on the website of the Cambridge Commission for People with Disabilities; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Council on this issue.

O-19     June 18, 2007
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in honor of Principal Joe Petner; and be it further
ORDERED: That the Assistant to the City Council be directed to work with Mount Auburn and Haggerty School Communities regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign; and be it further
ORDERED: That the City Clerk be and hereby is requested to transmit a suitably engrossed copy of this resolution to Principal Joe Petner and the School Committee.

O-20     June 18, 2007
VICE MAYOR TOOMEY
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in honor of Constance Dilando; 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-21     June 18, 2007
COUNCILLOR DAVIS
COUNCILLOR SULLIVAN
COUNCILLOR GALLUCCIO
WHEREAS: The U.S. House of Representatives is working on the first draft of the Farm Bill HR 2364; and
WHEREAS: The Farm Bill includes the Community Food Projects Competitive Grant Program (CFP) that would allow schools to give a preference for locally grown food; now therefore be it
RESOLVED: That the Cambridge City Council be and hereby is requested to urge U.S. Representative Michael Capuano to support increased funding for CFP and also support language that strengthens the ability of schools to purchase from local farmers, the Healthy Food Enterprise Development Program, and urban agriculture; and be it further
RESOLVED: That the City Clerk be and hereby is requested to transmit a suitably engrossed copy of this resolution to Representative Michael Capuano.

O-22     June 18, 2007
COUNCILLOR DECKER
COUNCILLOR SIMMONS
VICE MAYOR TOOMEY
COUNCILLOR GALLUCCIO
WHEREAS: The Cambridge Health Alliance has already decided to eliminate OB/GYN services at the Windsor St. Clinic; and
WHEREAS: The Cambridge Health Alliance eliminated services without consulting community leaders, partners or patients in an attempt to understand the impact this would have on patients and their families; and
WHEREAS: As of last Tuesday, the City Council Committee on Health and Environment heard from the Cambridge Health Alliance for the first time the logic behind this decision is due to an insufficient numbers of OB/GYN doctors available to work at the Windsor Clinic, according to the Alliance; and
WHEREAS: The Cambridge Health Alliance is a comprehensive system comprised of community clinics and hospitals dedicated to the overall health of the Cambridge community and in particular to a population of individuals and families who are traditionally underserved; and
WHEREAS: Patients are often referred to other hospitals to seek additional care having to travel to other communities within the Cambridge Health Alliance system; and
WHEREAS: It is unclear that those same expectations exist for its employees who work for a system of health care, not one clinic or hospital. Doctors and staff should be expected to travel to other sites where there is a need such as the current need at the Windsor Street Clinic; and
WHEREAS: There are OB/GYN doctors that could be sent to the Windsor Clinic to fill in the needed care for women seeking OB/GYN care; and
WHEREAS: Instead the decision to eliminate services at the Windsor Street Clinic will now destabilize the comprehensive care of the neighborhood clinics therefore putting into question the mission and/or commitment to the model of a neighborhood clinic; and
WHEREAS: Women in Area IV/Port neighborhood and others who use the services of the Windsor Clinic are now being forced to travel to other locations which, unlike the location of their current care, are not bilingual or bicultural; and
WHEREAS: Often women include their children, husbands and partners in their health care appointments ensuring their families are receiving comprehensive care while they are visiting their OB/GYN doctor; and
WHEREAS: This decision to eliminate OB/GYN services at Windsor Street Clinic now jeopardizes the continuum of comprehensive family care; and
WHEREAS: As of last Tuesday the Alliance heard unanimously from all City Councilors who attended the hearing their request to re-establish full OB/GYN services until there was better understanding of the impact on families of this decision; and
WHEREAS: This seems to constitute a pattern of the loss of services for women at our neighborhood health clinics, including the loss at Riverside and North Cambridge health centers and potentially the Cambridge Senior Center; and
WHEREAS: It is within the power of the Cambridge Health Alliance to continue services at the Windsor Street Clinic and, as of today, they have chosen not to do so; and
WHEREAS: The Council is deeply disturbed and shocked by the Alliances' decision to eliminate OB/GYN services at the Windsor Street Clinic and continues to be surprised that after last Tuesday's hearing the Alliance insisted on not reinstating any of the OB/GYN services at the Windsor Clinic and will continue to turn away women seeking new appointments; and
WHEREAS: The Cambridge Health Alliance CEO Dennis Keefe has a strong history of commitment to serving our underserved families; and
WHEREAS: Under Mr. Keefe's guidance the Cambridge Health Alliance will now convene a task force to examine the overall health care and delivery of services to women in Cambridge; and
WHEREAS: This task force will ask some important questions regarding the state of women's health care in the Alliance it does nothing to resolve the immediacy of the issue at hand: women who will lose their OB/GYN care at the Windsor Clinic; and
WHEREAS: The need for an overall conversation regarding the state of women's care is welcomed but this task force should not be used to sweep the immediate and urgent issue of women's OB/GYN services and comprehensive care at the Windsor Street Clinic; and
WHEREAS: The Council requests information detailing how each patient who is currently receiving her care at the Windsor Street Clinic is being contacted, we are requesting a copy of the phone script and the letter each patient has been contacted with; and
WHEREAS: The City Council requests to know how many patients were directly contacted and reached by phone; and
WHEREAS: The City Council requests a copy of the transition plan in detail illustrating how each patient's continuum of care and family comprehensive care will be met; and
WHEREAS: The City Council requests to know if each patient who is losing OB/GYN services is being offered the opportunity to transfer her primary care and family's primary care to the same location they will have to travel to receive their OB/GYN care and services; and
WHEREAS: The City Council is requesting to know if the Cambridge Health Alliance is committed to preserving the neighborhood model of comprehensive care in the current clinic locations; and
WHEREAS: The City Council is requesting to see the details of how the Cambridge Health Alliance does outreach to expand the number of patients utilizing the neighborhood health clinics beyond traditional mailings, how is the alliance targeting potential new users, how much money has gone into these efforts, are the outreach workers going into the neighborhoods, what are the names of the community partners the Alliance is collaborating with to do this work. Were thos partners notified of the elimination of OB/GYN services at the OB/GYN services at the Windsor Street Clinic, Riverside or the North Cambridge Clinic? Were any of them solicited for advice and guidance prior to the final decision to eliminate OB/GYN services? Do any of these partners support their decision to eliminate OB/GYN services at any of these neighborhood clinics?; and
WHEREAS: The Council would like the Alliance to respond to the question of why is is okay to expect women at our above mentioned clinics to travel for their health care throughout the city but not expect the OB/GYN doctors at the main hospital to temporarily move their practice to the neighborhood clinics; and
WHEREAS: It seems there is a greater burden being placed on women who attend our neighborhood clinics than those who seek their care in the offices of the main hospital; and
WHEREAS: The change of the delivery of care for women is an erosion of the model of comprehensive neighborhood health care; now therefore be it
ORDERED: That the City Council requests to know that when Cambridge Health Alliance hires new employees how does it screen potential employees to ensure they understand and desire to work for the Health Alliance and not just one clinic or the hospital; and be it further
ORDERED: That the City Council requests to know if any of the OB/GYN doctors at the Cambridge Health Alliance would be willing to fill at the Windsor Clinic until a more permanent OB/GYN doctor could be hired; and be it further
ORDERED: That the City Council requests to know that if another full-time OB/GYN doctor could be hired would they in fact reinstate OB/GYN services at the Windsor Clinic; and be it further
ORDERED: That the City Council requests to have all of this information in writing prior to the next City Council meeting; and be it further
ORDERED: That the City Council once again go on record stating its strongest desire to see OB/GYN services including mid-wives remain intact at the Windsor Health Street Clinic.

O-23     June 18, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager of Community Development to report to the City Council on what the effects of a Residence C district for the area, delineated in the Cott petition would be compared to Residence B or Residence C-1.

O-24     June 18, 2007
COUNCILLOR DECKER
COUNCILLOR DAVIS
COUNCILLOR GALLUCCIO
COUNCILLOR MURPHY
MAYOR REEVES
COUNCILLOR SIMMONS
COUNCILLOR SULLIVAN
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to see what building permits have been pulled for 44 Brattle Street and that these permits be recalled immediately until the issue of employee discrimination and wrongful termination being attributed to store renovations has been investigated.
Referred to the City Solicitor for an opinion as to wording. Councillor Kelley recorded in the negative.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Transportation, Traffic and Parking. Committee held a public meeting on Tues, May 15, 2007 at five o’clock and thirty minutes p. m. in the Sullivan Chamber.

The purpose of the meeting was to discuss the issues including speed bumps, raised intersections and other devices intended to slow traffic speeds, the limits of employing these devices and the criteria for selection of the placement of these devices.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Councillor Henrietta Davis; Sue Clippinger, Director, Traffic, Parking and Transportation; Owen O’Riordan, City Engineer; Katherine Watkins, Senior Engineer, Public Works Department; Juan P. Avendano, Traffic Calming Project Manager, Community Development Department (CDD); Cara Seiderman, Transportation Planner, Environmental and Transportation Division, CDD; and Donna P. Lopez, Deputy City Clerk.

Councillor Kelley opened the meeting and stated the purpose. He stated that he gets asked about raised devices all the time and would like to have this report contain all the pertinent information about speed bumps and raised devices that could be provided to a resident when there is a question about these devices.

At five o’clock and thirty-two minutes p. m. Councillor Kelley opened the meeting to public comment.

Kathy Podgers, 148 Pearl Street, stated that she is a trained compliance person who started Citizens for Feasible Compliance and that she is concerned about pedestrian safety issues as well as cyclist safety. She said that the zigzag traffic pattern on an Area IV street causes consternation, especially at night with headlights. She said that speed bumps are effective in parking lots but cause accidents when placed elsewhere. She does not want city streets used as major thoroughfares. Traffic lights and flashing yellow light work better thought lights might bother residents by going on and off all the time, though we all have to sacrifice something. Raised crossing are good at locations such as schools or senior housing developments. She suggested that signs be installed before raised crossings as a notice to motorists so they do not hit them too fast. A raised device at Erie and Brookline Streets is needed to enable people to catch the 47 bus. Erie and Pearl Streets should also have a raised device. She spoke about solving multiple issues at the same time and getting good value for the money spent on the solution in that one raised intersection could handle the need for up to 8 curb cuts on the sidewalks. She concluded that the solution should fit the situation.

Dennis Wolkoff, 20 Lowell Street, supported the city’s effort to enforce traffic calming. It is an important topic and he and his neighbors like the idea of traffic calming. He suggested people see the movie "Contested Streets" about how traffic calming has worked in other places. Lots of streets in Cambridge should only be used by people who belong there.

At five o’clock and forty-five minutes p. m. Councillor Kelley closed public comment.

Councillor Davis asked for an explanation of raised devices.

Juan P. Avendano, Traffic Calming Project Manager, explained the main reason for raised devices is to reduce speed, to make the crossings safe for pedestrians and to make the pedestrians more visible. Raised devises are located in areas where there are a large number of pedestrians crossing the street. He distributed a map that outlined the locations of traffic calming projects completed and planned including raised crosswalks or intersections. Councillor Davis asked what is the difference between a raised device and a speed bump. Mr. Avendano responded that a speed bump is used to reduce speed and is a bump in the roadway. Raised devices improve pedestrian safety, make pedestrians more visible and reduce the speed of cars. They are located at a crosswalk or an intersection.

Sue Clippinger stated that there are two kinds of raised devices. They are raised crosswalks, which is just a raised crossway across the street and raised intersections, where the entire intersection is raised. The design of raised intersections is dependent on the slope of the sidewalk. The guideline used is a seven percent (7%) slope for all raised devices.

Councillor Davis asked if they are made of the same material. Mr. Avendano stated that slopes used as ramps are bituminous. White triangles are used as warnings for raised devices on the slopes. Pavers are used on the top, flat portion of the raised crosswalk or intersection. Granite curbs are used around raised devices. The sidewalk edge of a raised device is marked so that vision-impaired people will know that the sidewalk has ended and the street, albeit in a raised fashion, has begun. Signage posts the appropriate speed for the raised devices and is located 100-150 feet before raised devices. If an automobile is damaged because of a raised device the first question asked is what was the speed traveled.

Councillor Davis asked what determined the width of the device. The width used is the crosswalk width which is ten feet wide; width of a raised intersection is based on the width of the street. Are snow plows and fire equipment accommodated by raised devices asked Councillor Davis? Mr. Avendano responded in the affirmative. Ms. Watkins informed the committee that the snow manual is given to drivers who do the snow routes. The snow manual contains the locations of the raised devices. The Fire Department reviews the raised devices to ensure that the device does not impede the fire apparatus. The department also identifies locations that may be problematic for the placement of raised devices based on response routes and times.

Sue Clippinger stated that other communities do not always receive the high level of cooperation that Cambridge receives for their traffic calming program from the Public Works, Fire and Traffic, Parking and Transportation Departments.

Councillor Kelley asked how locations are chosen for raised devices. The Putnam School parents would like a raised device installed, he said. Ms. Watkins informed the committee that the fire department had an issue with the installation of a raised device on Putnam Avenue. Mr. O’Riordan added that traffic calming is not generally considered unless there is construction project proposed on a given street or in a particular area of the city, thus maximizing the cost benefit associated with these projects. Mr. Kelley noted that there are many raised devices by the King Open School, though none are on busy Cambridge Street. The King Open School (the Harrington School at the time) area was the first major traffic calming project in Cambridge, stated Ms. Seiderman. The program has since evolved. The initial focus for traffic calming is on construction schedules, not necessarily on where a school is located, although school locations generally get highest priority when there is nearby construction happening. Many raised devices have been put in by non-City entities as part of mitigation for a large project requiring a special permit. Harvard University did mitigation for Oxford Street and paid for the raised devices on Oxford Street, stated Ms. Clippinger. MIT construction on Vassar Street will create one raised intersection on Vassar Street. Novartis paid for the raised intersection on Sidney Street at Putnam. There is no raised device for the ongoing project on Mt. Auburn Street, stated Councillor Davis. Ms. Clippinger stated that the Holmes Trust did the Green Street device through mitigation. The raised device at Cedar Street and Dudley Street in North Cambridge was unique in not being connected to anything else. All the other non-mitigation raised devices were part of City-funded road work.

Ms. Clippinger stated that the City does not do speed bumps because they’d rather kill two birds with one stone by enhancing pedestrian access and crossings as well as reducing speeds.

Councillor Davis stated that she has received e-mails from residents on Middlesex Street regarding traffic calming. She submitted the e-mail for the report (ATTACHMENTS 1-11). This street is on the chapter 90 list and the city process will start next month, stated Mr. Avendano.

Councillor Kelley asked why there are no speed bumps on Middlesex Street. Mr. Avendano urged caution about installation of speed bumps. Speed bump noise is annoying. Other issues with speed bumps are drainage and city environment. Speed bumps cost money. Equity is also an issue; all street users are considered. Raised devices are the most aggressive treatments and have the strongest impact and are installed where most critical such is in high pedestrian traffic areas, stated Ms. Seiderman, who also stated that everything is in the context of street work. Other communities have run into problems with willy-nilly putting in speed humps. There are equity issues and noise impacts, but also impacts for various street users because if a raised device is highly used by pedestrians, people understand why it is there and are aware of it. But if the raised device is just placed on the street with no obvious reason, a lot of people in and around the area will have trouble understanding its location and will not like it. Plus, the Fire Department does not want a lot of speed bumps just anywhere.

Councillor Kelley raised another concern about raised devices - that of reducing parking spaces. Ms. Clippinger stated that it is illegal to park within twenty feet of the corner. High parking demand streets have cars parked at the corner but the fact that cars park there does not make the spaces legal, so oftentimes a raised device is actually only impacting these illegal, though used, parking spaces. These devices become enforcement devices for eliminating illegal parking. Sometimes, though, a raised device can remove legal parking spaces, when it is placed at a mid-block location. There is no parking on raised devices stated Mr. Avendano.

Councillor Kelley asked why there are no raised crosswalks on major streets. Ms. Clippinger responded that raised crosswalks are not installed on major streets because of the nature and volume of traffic on these streets. Ms. Seiderman added that there are no cities she is aware of that permit raised devices on major streets.

Councillor Kelley asked how different is it to cut the curb for an accessibility ramp. Ms. Clippinger stated that raised devices are not disability ramps. Councillor Kelley asked how difficult is it to install a raised device. Mr. Avendano stated that the roadway needed to be in perfect condition and that building a raised device is more complex than it seems. Catch basin and drainage are issues that are reviewed. Mr. O’Riordan stated that raised devices can have a major impact on drainage that they can act as dams from the perspective of impeding surface flow, which is sometime integral and critical to storm water management on city streets. Devices must be built to the same elevation as the adjacent sidewalk and the sidewalk itself may need to be reconstructed so as to provide adequate elevation and sidewalk access adjacent to the raised device. At least six inches of reveal, curb showing above the street, is needed to provide an approach ramp with the correct road slope as one drives onto the device. Conditions to ensure that the pavers will not settle must be reviewed. Interlocking pavers are used and must sustain significant vertical and lateral stresses associated with vehicular loads and turning movements and they are also boxed in with substantial granite curbing on all four sides to prevent shifting or movement.

A discussion ensued about marking raised devices. Ms. Seiderman stated that there are different ways to mark crosswalks. Cambridge uses zebra markings. Crosswalks are designated by white lines. Yield to Pedestrian signs are being considered. Ms. Clippinger stated that an analysis of habits at crosswalks is being conducted. The Traffic, Parking and Transportation Department are trying to determine whether there is insufficient yielding being done by motorists. A Yielding Study would be done for the Oxford Street raised devices. She stated that markings will be done in July with the start of the new fiscal year, as the Department has spent all of its money for this year.

Mr. O’Riordan stated that there are no problems with snow plowing as the operators are familiar with their routes and the snow manual. The predicted location of raised devices makes it easier for drivers to adjust plows. Speed bumps would be more difficult for plow drivers to accommodate, and a plow can do a lot of damage to a raised device if the operator does not adjust the plow beforehand.

Councillor Kelley asked the cost of raised devices. Mr. Avendano responded $75,000 - $120,000 on top of street work, to include catch basins and drainage issues. The cost of raised devices mostly comes out of the City’s traffic calming budget. Mr. O’Riordan commented that traffic calming is considered for every street reconstruction project, but it is not always appropriate. Reconstruction is typically at least a grind and overlay project before traffic calming is considered. The traffic calming process takes 6-9 months to resolve. The street reconstruction projects and traffic calming requests are reviewed and the needs are matched, stated Ms. Seiderman. She added that resources are used where there is a critical need. A public process may not be as involved if street reconstruction suddenly happens and the 6-9 month process cannot be met. Mr. Avendano stated that he keeps track of where people have asked for traffic calming to match against upcoming work. If no one has asked for traffic calming and certain things do not make sense, there may not be a traffic calming discussion, but the City may still do basic pedestrian things like put in curb cuts or try to set up sight lines that make sense.

City staff than summarized other aspects of traffic calming as being crossing islands, chicanes, visual narrowing through striping and curb extensions, most of which happen only with street reconstruction.

Councillor Kelley asked the cost for a bump out. Mr. O’Riordan gave the following information:
$6,000 - $10,000 for drainage
$5,000 - $10,000 for curb work
$20,000 - $35,000 estimated average total cost.

This cost is paid by the Public Works and Community Development Departments.

Mr. O’Riordan stated that the city’s five year plan will outline where street and sidewalk work will be proposed, but noted that the five year plan was subject to significant change as circumstances dictate so no one should expect the City to follow it absolutely. Some of the issues that need to be borne in mind when considering a 5 year street and sidewalk reconstruction plan are the unpredictability of state funds, utility repair and replacement work, development in the city, increased truck activity, variable asphalt and concrete costs and some unpredictability associated with street condition reduction rates.

Councillor Kelley thanked all attendees.

The meeting adjourned at six o’clock and fifty-five minutes p. m.

For the Committee,
Councillor Craig Kelley, Chair

Committee Report #2
The Ordinance Committee held a public hearing on Wed, June 6, 2007 at five o’clock and thirty minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition filed by Felicia Cott et al. to amend the zoning map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B.

Present at the hearing were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee; Mayor Kenneth E. Reeves; Vice Mayor Timothy J. Toomey, Jr.; Councillor Henrietta Davis; Councillor Anthony Galluccio; City Clerk D. Margaret Drury; and Lester Barber, Director of Zoning and Land Use, Community Development Department.

Councillor Sullivan convened the hearing and explained the purpose. He invited a presentation by the petitioners.

Elizabeth Dionne, 4 Hancock Park, began the presentation. She stated that her understanding and that of her neighbors had been that the Mid Cambridge Neighborhood Conservation District would substantially curtail future development. There has not been new development in this area since 1938. When the current development was proposed for the back of 378 Broadway, they fully expected that the NCDC would protect their neighborhood from this excessive infill proposal. When they went to the meeting the NCDC chair said that the NCDC purview was not excessive infill; it was design input. Ms. Dionne said that they have 135 signatures in support of this petition. It is not a reaction to a particular development; it is a reaction to discovering that the neighborhood does not have the protection that they thought that the NCDC was providing.

Ms. Dionne said that the Planning Board did not vote favorably at its June 3, 2007 meeting. The Planning Board concerns were that the area proposed for rezoning did not look like the Maple Avenue Residence B district to which petitioners are seeking to attach this area and that the petition was a reaction to a single project. Ms. Dionne noted that this petition reflects the need for protection for more than just 378 Broadway. The lot behind 307 Harvard Street has a potential for a lot of units. In addition the petitioners are concerned that a lot of two-family houses could be chopped up into smaller units, increasing density and parking problems.

Ms. Dionne said that concerns had been expressed about limiting the property rights of landowners in the area. However, property rights exist in context. It is appropriate to ask about the effect that development of one person’s property will have on the property of others. This proposal does not stop development; it just makes sure that development will be appropriately sized. Ms. Dionne requested permission to submit additional petitions signatures for the record after the hearing, and the Co-Chairs consented.

Deborah Knight, 380 Broadway, stated that work needs to be done to develop a concept of excessive infill that could be applied by the Mid Cambridge NCDC, because excessive infill is a serious threat to Cambridge neighborhoods.

Margaret McMahon, 14 Highland Avenue stated that this is an effort by citizens to stop excessive infill. In mid Cambridge neighbors are determined to control this plague; 378 Broadway is their Rubicon.

Guy Asaph, owner of 378 Broadway, said that the site has two enormous oak trees and is almost invisible from the public way. The development proposal protects these features. His original proposal was for a modest Mansard Structure, which would have left 50 percent of the lot as green space. The Mid Cambridge NCDC requested that he consider other proposals. He cooperated with the NCDC requests and the process that produced this proposed development went on for six public hearings and produced a design that the NCDC approved.

Mr. Asaph said that he disagrees that this decision represents a shift in the Mid Cambridge NCDC mission. He believes that the proposed rezoning is an illegal spot-zoning proposal that targets his property only. The petition represents bad public policy. It would make all but two properties in the district nonconforming. In case of fire, the nonconforming properties could not rebuild to their current configurations. In addition, the City has already done citywide rezoning. Mr. Asaph said that open space is a positive goal and is worthy of protection, but the City cannot use his private property to provide public open space.

Doane Perry, 1657 Cambridge Street, President of the Mid Cambridge Neighborhood Association, thanked everyone for their participation. He said mid Cambridge suffers from enormous development pressures. He emphasized the need to add the criteria of protection from excessive infill to zoning and neighborhood conservation regulations.

Wyllis Bibbens, 314 Harvard Street, at the corner of Hancock Street, stated that he has lived there for 47 years. The Planning Board vote was unanimously opposed to this zoning proposal. He is a registered architect. He has done a zoning analysis with a Residence B zone, the largest development that could be done is 700 plus feet as-of-right for one property; two other properties could develop about 300 feet. All other properties would need to go through the variance process for small changes and/or additions to their buildings. The expense for the City and owners would be a problem and a waste of public and private resources. The Mid Cambridge NCDC has done its job. In the process the trees were protected and the building was down-sized.

Ian Eslick, 3 Hancock Park #2, stated that one of the greatest assets of all the properties is to have some green space and a view of the sky. Cambridge needs to deal more effectively with the infill issue.

Karen Carmean, 1657 Cambridge Street, said that when she moved to Cambridge, there were large areas of green space in mid Cambridge. Over the last 20 years she has watched them disappear. This is a very serious issue. There needs to be protection against adding a lot of additional density. This is not an intent to prevent small adjustments to buildings.

Steven Reckhow, 305 Harvard Street, noted the Planning Board’s unanimous decision. His property overlooks the land on which the development is proposed, and when his family bought it they understood that there was a potential for development next door. This is a textbook example of spot zoning. Adopting it would create chaotic and unpredictable land use regulation for the area.

John Pitkin, 18 Fayette Street, said that the Mid Cambridge NCDC was put in place to provide protection from infill development. It is written all over the ordinance. The Commission has not done its job. He urged the City Council to approve the proposed zoning amendment.

Frances Donovan, 42 Irving Street, stated that he has been a Cambridge resident since the early 50’s. His neighborhood was downzoned to Residence B and the downzoning has had a marvelous effect on the neighborhood. He emphasized the need to put infill on the front burner where it belongs and where they thought it was. The Mid Cambridge Neighborhood Association is very concerned about the issue of infill, which threatens the nature of Cambridge in the long run. The issue needs to be studied and a mechanism needs to be adopted.

Mayor Reeves asked if the Mid Cambridge Neighborhood Association has taken a position on this proposed zoning amendment. Mr. Perry replied that the association has not taken a position.

Raymond Erikson, 176 Hancock Street, said that there is a very serious issue of the destruction of the quality of life by infill.

Councillor Sullivan requested that the City Solicitor provide a report to the Ordinance Committee on the issue of spot zoning.

Councillor Sullivan asked Mr. Barber about the issue of this petition as an "infill petition", and how it compares with previous "infill petitions" the City Council adopted, such as Cushing, Holworthy and Appleton Streets. He asked whether there are any distinctions between those petitions and this one. Mr. Barber said that there has been a wide range of petitions in a range of sizes of areas, some significantly larger than the area involved in this one and some fairly similarly sized areas. Mr. Barber noted that the change from Resident C-1 to Residence B has several consequences. In a Residence B, one could not build a new multi family apartment building and the shift in the number of units allowed would be quite dramatic.

Councillor Galluccio said that the backyard petitions, such as the Holworthy Street rezoning, changed the FAR. The changes were tailored towards the infill. He asked what efforts the City has made to use zoning to deal with infill in C-1 districts. Mr. Barber said that mid Cambridge has been in the forefront of efforts to deal with infill through zoning regulation. Some initial efforts were targeted towards town houses, which were being built in backyards. A series of amendments eliminated town house bonuses. Others reduced the number of units allowed on a lot increased rear yard requirements and doubled the open space requirement.

Councillor Galluccio said that he will continue to look at this issue. He is sympathetic to the infill issue but he does not know that he sees mid Cambridge as a Residence B district. He asked if there is a way to more narrowly focus on the concern about infill rather than just changing to Residential B district.

Mr. Barber said that one of the purposes of the establishment of neighborhood conservation districts was to deal with smaller areas. The Planning Board felt that NCDC process actually functioned well in this case. With regard to Councillor Galluccio’s question about a zoning possibility other and than Residence B for this area, he said that it would be possible to choose an intermediate between C-1 and B, for example Residence C.

Councillor Galluccio noted that one of the speakers mentioned the parking issue. Some communities have increased the parking requirements. Perhaps Cambridge should take another look at increasing the one space per unit that is currently required.

Councillor Davis asked what the impact of Residence C would be in this area. She made the following motion:
ORDERED: That the City Manager be and is hereby requested to confer with the Assistant City Manager of Community Development to report to the City Council on what the effects of a Residence C district for this area would be compared to Residence B or Residence C-1.

The motion passed on a voice vote without objection.

Mayor Reeves asked about the Mid Cambridge Neighborhood Study. Mr. Barber said it has been recently updated. Mayor Reeves noted the complicated block arrangements in mid Cambridge, for example, Center Street. He said Mid Cambridge is one of the architectural treasures of Cambridge. He added that he wants to look at the updated Neighborhood Study and the Mid Cambridge NCDC decision. He has seen that organization as being very attentive to neighborhood protection in the past. Mayor Reeves said that he is very interested in whether there are ways that policy makers can impact these decisions without engaging in spot zoning.

Vice Mayor Toomey moved to refer the petition to the full City Council. The motion passed without objection on a voice vote.

Councillors Brian Murphy and Michael Sullivan thanked all those present for their participation. On a motion of Mayor Reeves the meeting was adjourned at six o’clock and fifty minutes P.M.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair

Committee Report #3
The Ordinance Committee held a public hearing on Wed, June 6, 2007 at five o’clock and fifteen minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition to amend the Zoning Ordinance filed by Craig H. Appel et al. The amendment would prohibit any installation or renovation of electric service that would result in more than 7.5 watts per square foot in the following districts: Residence A 1 and 2; Residence C, C-1, C-1A, 2, 2A, 2B, 3, 3A, 3B; Office 1, 2A, 2, 3, A; and Open Space.

Present at the hearing were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee; Councillor Henrietta Davis; and City Clerk D. Margaret Drury. Also present was Lester Barber, Director of Zoning and Land Use, Community Development Department.

Councillor Sullivan convened the hearing and explained the purpose. He invited the petitioner to make a presentation.

Craig Appel presented the petition. He stated that in the case of out-of-scale electric power usage, the effect on the neighborhood is primarily heat (thermal pollution). The power of the generator that State Street Bank has been using on Gerry Street is equivalent to several hundred air conditioners. The amendment proposes limiting electric power per square foot to 7.5. watts. A house uses less than one watt per square foot. The average office uses 1-5 watts per square feet. The State Street Bank facility averages 30 watts per square foot.

Councillor Sullivan invited comments and questions from each member of the City Council.

Councillor Davis said that the particular issue of the State Street Bank generator seems to have been solved. She asked whether Mr. Appel is saying that there are still issues of thermal pollution that should be addressed. Mr. Appel answered in the affirmative.

Councillor Sullivan invited Mr. Barber to comment. Mr. Barber said that some of the districts that would be subject to this amendment are districts that are being used as base districts in the industrial areas, such as Alewife, where the expectations for power use may be greater than those in the residential or office districts.

Councillor Davis said that the general issue is something that the City Council should be thinking about. While the issue that led to this petition appears to have been resolved, there may be a need for more permanent solutions to the issue, which has been denoted as thermal pollution.

Councillor Davis referred this motion to the full City Council. The motion passed on a voice vote with objection.

Councillors Brian Murphy and Michael Sullivan thanked all those present for their participation. The meeting was adjourned at five o’clock and thirty minutes P.M. on a motion from Councillor Davis.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair