Cambridge City Council meeting -- December 4, 2006 -- AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-142, regarding a report on revisiting the issue of public restrooms in Central Square.  REFERRED BACK TO CITY MANAGER

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-148, relative to a report on ensuring that all sidewalk ramps for disability access throughout the City are kept clear of debris.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-187, regarding a report on investigating a possible gas leak on Van Norden Street.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-172, regarding a report on steps that have been taken to make the intersection of Route 16 and Rindge Avenue safer for pedestrians.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-179, regarding a report on the resources necessary to get through the testing phase for wireless access for the City.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item 06-175, report on status of tree removal in Linear Park.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-170, regarding a report on constructing a sidewalk on Fulkerson Street between Charles and Binney Streets.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-152, regarding the use of rubber sidewalks, especially near tree wells.

9. Transmitting communication from Robert W. Healy, City Manager, the appropriation of a FY07 Community Policing Grant from the Massachusetts Executive Office of Public Safety for $403,750 to the Grant Fund Police Salary and Wages account ($264,043), Other Ordinary Maintenance account ($22,690), Travel and Training account ($24,000) and Extraordinary Equipment account ($93,017) for the purpose of enabling police departments to develop comprehensive community policing strategies tailored to address the particular needs of their communities and address crime, fear of crime, and issues that detract from overall quality of life.

10. Transmitting communication from Robert W. Healy, City Manager, relative the appropriation of Grant from the Governor’s Highway Safety Bureau in the amount of $20,000 to the Grant Fund Police Department Salary and Wages account to be used to conduct underage alcohol enforcement.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Edward Byrne Memorial Justice Assistance Grant received from the Metropolitan Area Planning Council through the Executive Office of Pubic Safety for $30,000 to the Grant Fund Police Department Salary and Wages account to be used to support youth violence prevention and anti-gang initiatives by the Police Department by increasing Police visibility, building enforcement and intervention capacities and supporting gang interdiction activities.  [Kelley voted NO]

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a supplemental grant from the Massachusetts Cultural Council for $2,370 to the Grant Fund Public Celebrations (Arts Council) Other Ordinary Maintenance account. The City Council approved an earlier appropriation in October 2006 for $17,200. With this supplemental appropriation, the total grant award will be $19,570 and will be used to provide mini-grants to artists, arts organizations and community groups in Cambridge.

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $1,889,400 to the General Fund Employee Benefits (Pension) Salary and Wages account from available balances in City’s Teachers Retirement Agency Fund and will be used to make a lump sum payment to City’s Contributory Retirement System to fund a portion of the System’s unfunded actuarial accrued liability.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $40,000 from the General Fund Employee Benefits (insurance) Salary and Wages account to the General Fund Public Works Travel and Training (Judgment and Damages) account to cover current and anticipated medical services and/or prescription reimbursement costs for personnel injured in performance of their duties.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $1,300 from General Fund Public Celebrations (Arts Council) Salary and Wages account to the General Fund Public Celebrations (Arts Council) Other Ordinary Maintenance account to provide funds to cover the cost of interpretive support services requested by a hearing impaired member of the community panel for the Cambridge Arts Council Mini-Grant Program.

16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-177, regarding a report on how the library construction will help meet the City's CO2 reduction goals and what green standards will be used for the construction.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of a Massachusetts Public Construction grant from the Massachusetts Board of Library Commissioners for $4,046,848 to the Public Investment Fund Library Extraordinary Expenditures account to offset the construction costs of the new main library.

City Manager Letter
December 4, 2006
To the Honorable, the City Council:

I am hereby requesting the supplemental appropriation of a Massachusetts Public Construction grant from the Massachusetts Board of Library Commissioners for $4,046,848 to the Public Investment Fund Library Extraordinary Expenditures account to offset the construction costs of the new main library. This additional amount when coupled with the original grant of $6,651,647 equals a total grant award of $10,698,495 which is the largest grant awarded to a Massachusetts city or town for a library project.

This second grant award is included in the total project funding included in the recommendation for the additional appropriation for the Main Library Project.

Very truly yours,
Robert W. Healy
City Manager

18. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation and authorization to borrow an additional $12,925,000 $13,075,000 to the Public Investment Fund Library Extraordinary Expenditures account to finance the Main Branch Library renovation project.  PASSED TO 2ND READING AS AMENDED (including an additional $150,000 for application for LEEDS certification)

City Manager Letter
December 4, 2006
To the Honorable, the City Council:

I am hereby requesting the appropriation and authorization to borrow an additional $12,925,000 to the Public Investment Fund Library Extraordinary Expenditures account to finance the Main Branch Library renovation project. These funds will supplement the previous appropriations of $63,285,495 to increase the total amount authorized for this project to $76,210,495.

These additional funds are required to cover additional construction and other related costs. This additional tax-supported debt service has been included in future revenue and expenditure projections. Also, a portion of the additional debt cost is offset by the use of the Debt Stabilization Fund, which the City Council increased by $8 million in the Fall as part of the property tax classification process.

Other funding sources for this project include a grant from Massachusetts Board of Library Commissioners for $10.7 million, $2.7 million from sewer capital appropriations and $900,000 from Community Preservation Act Funds.

Background on Construction Environment
Unfortunately, there are several factors which have impacted the cost of construction over the past 2 years, which are out of the control of the City. Generally, construction inflation has run 1% or more per month for the last 24 months, with little relief in sight. This volatility and uncertainty in the construction marketplace makes estimating costs by owners and builders extremely difficult. This ultimately translates into higher construction bids, which is the case for the Main Library project.

Some of the factors impacting construction costs include:

* Construction inflation due to the dramatic cost increases in materials and components over the last two years is unprecedented in the construction industry. These price increases are caused by supply and demand factors both locally and nationally.

* Petroleum-based building materials have risen in cost based on the increase in oil prices. In addition, construction depends on fixed quantities of materials delivered to a specific physical location. Those factors make the industry vulnerable to supply-demand imbalances and high freight and fuel costs.

* Severe fluctuations in material costs have made contractors extremely cautious in their bid pricing. This means formulating higher bid prices that reduce the risk from current and possible material price increases.

For example, major price increases over the past 12 months for construction products (on top of the large increases the previous 12 months) include:

* Copper and brass mill shapes, such as piping, wiring, faucets and flashing, 88 percent increase;
* Wallboard and other gypsum products, 23 percent increase;
* Plastic construction products like polyvinyl chloride pipe (PVC), fittings and membranes, 20 percent increase;
* Steel Mill products, 18 percent increase;
* Aluminum Mill shapes, 15 percent increase; and
* Concrete products, 11 percent increase

* The State "Construction Reform" law enacted in 2004 established a pre-qualification requirement for general contractors and filed sub-bidders that is intended to provide municipalities assurance that the pool of participating bidders has the requisite experience and qualifications to perform the work.

In practice, this time consuming process has not yielded the results intended since it does not require that a pre-qualified general contractor must submit a bid for the project. For example, the first bid process yielded only one general contractor bid even though three were pre-qualified. Also, once a vendor knows the finite number of pre-qualified general contractors, they are able to analyze which competitors can submit bids based on their current project commitments, bonding capacity and other factors. The lack of competition does translate into higher bids.

* There have been a number of large general contractors who have gone out of business over the last two years, in part by not effectively estimating material cost increases. In addition, some contractors are no longer bidding on public projects. Anecdotally, we have been told that the cumbersomeness of the new construction law is the reason. Some of the contractors who have ceased operation or have decided not to bid on municipal/government construction work were consistent bidders on municipal/government projects in the past. This has limited the pool of viable general contractors, which has eroded competition even further.

* Bonding costs for contractors have risen. In addition, the State Division of Capital Asset Management (DCAM) formula for certification has lowered some single and aggregate limits for bonding capacities for contractors, limiting their ability to bid, which further impacts competition.

Library Project Background
In the spring of 2002, the second design of the Main Library Expansion Project began which included the underground library parking garage. The estimated construction cost was estimated to be between $51-55 million. The project was advertised in November 2005. Filed Sub-Bids were received in January 2006. Although the sub-bids were averaging 15% higher than expected, the City anticipated that the pre-qualified general contractor bidders would be competitive and would be close to our overall estimate. We received only one bid from the three pre-qualified contractors for $76 million, which was approximately 38% over our projected cost.

We reviewed the individual line item break-downs with the sole bidder and our consultants, and found that the impacts of the Gulf Coast storms (Katrina) and the building boom in China, which increased the demand for materials, were causing significant increases in building construction costs across the United States and, specifically, causing major problems for owners of publicly bid projects. In fact, during this period the Boston Globe ran several articles about cities and towns throughout the Commonwealth experiencing difficulties with higher than expected construction bids. One example sited was Foxboro's Public Safety building project which came in 62% over the estimated bid price.

The City rejected that single bid for $76 million and immediately began a process of "value engineering" (VE) for the entire design of the library. Anything could be changed as part of this process except for the items that were a result of the agreements made through the public process, all of the City's commitments to energy-efficient and sustainable/green technology, and programmatic definitions contained in the state's library grant. These areas would remain basically unchanged.

The City targeted between $12 and $15-million in value engineering reductions. In addition, because we accomplished a significant amount of utility work this past summer, removed hazardous material from the building and demolished the old boilers, we believed that our re-bid numbers would be significantly lower than the first bid of $76 million.

Current Status
The re-estimated project that the City re-pre-qualified in April 2006 was set at an estimated construction cost of $62,500,000. The pre-qualification process for filed sub-bidders and general contractors took place over the summer and yielded three pre-qualified general contractors. Two bids were received and were opened on October 26, 2006 with the low bid coming from Consigli/JFWhite in a joint bid at $69,381,000, approximately $6.6 million less than the first bid.

I believe that we have taken the appropriate actions to minimize the increase to this project considering the volatile construction marketplace. I am recommending that the City Council approve this additional appropriation so we can move on this project quickly and avoid any further delays and additional costs.

Very truly yours,
Robert W. Healy
City Manager

Agenda Item No. 18     December 4, 2006
ORDERED: That $12,925,000 $13,075,000 is appropriated, in addition to the $63,285,495 previously appropriated, for the purpose of constructing an addition to and remodeling, reconstructing and making extraordinary repairs to the Cambridge Public Library, including original equipment and landscaping, paving and other site improvements incidental or directly related thereto, temporary relocation costs and acquiring land, if any, necessary for the library addition; that to meet the appropriation the Treasurer with the approval of the City Manager is authorized to borrow $12,925,000 $13,075,000 and issue bonds or notes therefore under G.L. c.44 or any other enabling authority; and that the City Manager is authorized to take all other action necessary to carry out the project.

19. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation and authorization to borrow an additional $9,890,000 to the Public Investment Public Works Extraordinary Expenditures account to finance the West Cambridge Youth and Community Center project.  PASSED TO 2ND READING

City Manager Letter
December 4, 2006
To the Honorable, the City Council:

I am hereby requesting the appropriation and authorization to borrow an additional $9,890,000 to the Public Investment Public Works Extraordinary Expenditures account to finance the West Cambridge Youth and Community Center project. These funds will supplement the previous appropriations of $7,000,000 to increase the total amount authorized for this project to $16,890,000.

These additional funds are required to cover additional construction and other related costs. This additional tax-supported debt service has been included in future revenue and expenditure projections. Also, a portion of the additional debt cost is offset by the use of the Debt Stabilization Fund, which the City Council increased by $8 million in the Fall as part of the property tax classification process.

Other funding sources include $1.5 million from the Mt. Auburn VFW Post to cover the cost of the construction of that portion of the building which they will continue to occupy.

Background on Construction Environment
The background on the construction industry is unchanged from that which is outlined in the appropriation request for the Main Library Expansion Project. In that document there is a broader explanation regarding the cost of materials that have increased at a rate of 1% per month for the past 2 years, and the industry anticipates increases at the same rate for the next two years. Petroleum based products, including manufacturing costs, have increased at an even higher rate. Contractors must project costs out 1-2 years which requires them to be more conservative than ever in their cost estimates.

In addition, the new Construction Reform law has negatively impacted competition. Also, bonding costs for contractors have skyrocketed and the State Division of Capital Asset Management (DCAM) certification formula has lowered some contractors’ bonding capacity. These factors have resulted in fewer General Contractors bidding on municipal work.

The above issues, coupled with the significant change in the original size and scope of the project (as described below) are the reasons this project has increased in cost.

Background on Original Project Size and Scope
In December of 2005 the City purchased the property at 688 Huron Avenue, an active VFW Post, for $2,905,000. The VFW reimbursed the City $1,500,000 to cover the cost of renovating a portion of the existing building in order for the VFW to remain in operation. The original appropriation of $7,000,000 was to cover the purchase price, renovations and addition to the existing structure and architectural fees.

The original programming for the Youth Center and the VFW was scheduled to include renovation of the existing building and an addition to accommodate youth center spaces, basketball court and the VFW. The roof line of the existing building would have been modified to compliment the new addition. The anticipated structure height would have been one story high above grade from the Huron Avenue side of the building.

During the initial programming with the architect, the City directed the architect to increase the program elements of the design to include space for a dance area similar in size and functionality as the upper level of the existing VFW Hall.

The architects proceeded with the design of the additional programming. However, early on in the process, the architects informed the City that the added programming would have a significant impact on the project. The site was too small to accommodate increasing the Youth Center footprint for the new programming. The most effective solution was to add an additional story in height to the project.

The dance programming element resulted in the need to add another story to the building. The additional loading would have to be supported by the existing building. The structural engineer reported that the existing structure could not support this added load. The expense of trying to reinforce, and also design around the existing structure was now not cost effective. The architect and structural engineer stated that if a second floor was added to the building that it would be more cost effective to use all new construction instead of trying to renovate the existing structure. This recommendation was presented to the Council during a roundtable discussion in February 2006.

In addition, this project contains green building elements. However, it is anticipated that we will be able to attain LEED certification.

The combination of construction cost inflation and increased building size are the main factors for the construction cost increase for this project.

In March of 2006 the architects started the design to include the new programming elements. In August of 2006, at the end of the Design Development phase of the project the City requested additional estimates to be prepared. Three independent estimators provided results that were very close, with $200,000 between the highest and lowest. The City directed the architect to perform some value engineering in order to try and keep the final costs close to these estimates. The project was advertised for bidding on October 11, 2006. The architect’s estimate of the Construction Document phase (the bid documents) indicated construction costs at $12,353,000. General contractor bids were submitted on November 20, 2006.

Current Status
On November 22, 2006, the City received four general contract bids with one being determined as invalid. Colantonio, Inc. submitted the lowest valid construction bid of $13,150,000.

The construction cost when coupled with other costs brings the total project cost to $18,390,000 and includes the $2.9 million purchase price of the building.

I believe that we have taken the appropriate actions to minimize the increase to this project considering the volatile construction marketplace. I am recommending that the City Council approve this additional appropriation of $9,890,000 so we can move on this project quickly and avoid any delays and additional costs.

Very truly yours,
Robert W. Healy
City Manager

Agenda Item No. 19     December 4, 2006
ORDERED: That $9,890,000 is appropriated, in addition to the $7,000,000 previously appropriated, for the purpose of acquiring a parcel or parcels of land and buildings thereon as a site for the West Cambridge Youth and Community Center and for remodeling, reconstructing and making extraordinary repairs to the buildings thereon for such use, including original equipment and landscaping, paving and other site improvements incidental or directly related thereto; that to meet the appropriation the Treasurer with the approval of the City Manager is authorized to borrow $9,890,000 under G.L. c.44 or any other enabling authority; and that the City Manager is authorized to take all other action necessary to carry out the project.

20. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-158 and 06-183, regarding a report on a process that would solicit the general qualities, values and vision that the City Council would like to see in a new Police Commissioner and on appointing a Citizen's Advisory committee.

City Manager Letter
December 4, 2006
To the Honorable, the City Council:

In response to Awaiting Report Item Number 06-158 and 06-183, regarding a report on a process that would solicit the general qualities, values and vision that the City Council would like to see in a new Police Commissioner and on appointing a Citizen's Advisory committee, please be advised of the following:

Attached is a list of the qualities the City has used in the past to guide us in prior Police Commissioner searches. This will be our starting point in this process, although this list will be updated.

After the search closes, resumes will be reviewed by a number of city department heads and a group of outside experts in policing. A smaller group of semi-finalists will be interviewed by a citizen panel and a team of city department heads. I would anticipate follow-up interviews and site visits to the work locations of finalist candidates, as we have done in the past.

If you are interested in any further discussion of the general qualities and values and vision you would like to see in our new Commissioner, I invite you, individually, to mail or e-mail me your thoughts, or to set a time to meet with me within the next two weeks so we may discuss it further.

Very truly yours,
Robert W. Healy
City Manager

City of Cambridge
Police Commissioner
Draft Criteria for Selection

The City of Cambridge Police Department requires strong leadership to build upon and improve upon recent gains in operational efficiency and effectiveness, accountability community responsiveness, and internal morale. Substantial progress has been made in all of these areas over the past number of years but it is essential to continue to move forward in this regard. A firm foundation for community policing has been built, but needs to proceed to the next level. Supervisory and command personnel in particular need to be supported and encouraged to provide leadership and reflective of departmental and city goals and objectives. A leadership style which encourages ideas, contributions, and responsiveness from staff is important. Significant positive changes in departmental operations and culture have been achieved in the last few years and it remains essential to maximize the contributions of the department to a high quality of life for Cambridge residents and visitors. Creativity and the courage to innovate remain important qualities for leadership within the department. This includes innovative deployment and use of personnel to have a positive effect on crime, traffic, quality of life and community building.

The ability to establish and maintain productive effective working relationships with the community at large, neighborhoods within the community, civic leaders, departmental staff, other departments within the City and the City Manager’s Office is essential. While being a strong leader is important, the Commissioner also needs to be a listener who can respond to the concerns of the community and the City wide leadership on an ongoing basis. Maintenance of a positive trusting relationship with the City Manager and other department heads is essential for long-term effectiveness. The department is fully unionized and patrol officers have significant seniority rights with respect to assignment. An ability to work with unions and maximize innovation within a constrained context will be required.

The Commissioner must be able to communicate and persuade effectively both orally and in writing, with small and large groups. The Department’s policies and procedures are currently being rewritten the Commissioner needs to be able to articulate and implement sound, progressive policies.

Decisiveness and sound judgment about all aspects of police operations are important. The Commissioner must be fair and perceived as being fair in dealing with individuals groups and situations. The Commissioner needs to be active, engaged, and involved in all aspects of departmental operations. The Commissioner needs to be a visible, active and involved presence within the community. The Commissioner needs to understand and communicate his or her understanding of departmental and community issues, problems and needs. The integration of youth and young adults into the fabric of community life is an important city-wide goal. The Commissioner needs to be able to communicate a high-level of commitment and enthusiasm and confidence to manage change and innovation to improve responsiveness problems within the community and the department.

The Commissioner must demonstrate a commitment to innovative progressive policing within a diverse urban environment. The department will be moving a to a new police headquarters within the next two years. This and other technology projects presents opportunities for further innovation and efficiency. Cambridge has a very large and diverse ethnic and cultural base. Pride in this diversity and a significant history of minimal intercultural conflict are important aspects of the city’s self identity. The Commissioner must lead the department and interact with the community in a way supportive of these values. A commitment to affirmative action and equal opportunity is essential. An understanding of policing in an urban, diverse, multicultural arena is required, and the ability to improve police operations in that environment is essential.

21. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Nellie Mae Education Foundation Grant funded by the New England Literacy Resource Center for $47,278.00 to the Grant Fund Human Service Programs Salary and Wages account ($40,298.00), Grant Fund Human Service Programs Other Ordinary Maintenance account ($6,555.00) and to the Grant Fund Human Service Programs Travel & Training account ($425.00) which will cover the costs for the Bridge Transition to College Program at the Community Learning Center.

22. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Low Income Heating Assistance Program grant for $1,082,120.00 funded by the Federal Department of Health and Human Services and administered in Massachusetts by the Commonwealth’s Department of Housing and Community Development to the Grant Fund Human Service Programs Salary and Wages account ($189,930), Grant Fund Human Service Programs Other Ordinary Maintenance account ($892,090) and to the Grant Fund Human Service Programs Travel and Training account ($100) to support the Low Income Heating Assistance Program (LIHEAP) serving Cambridge and Somerville.

23. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Mount Auburn Hospital Grant in the amount of $13,600.00 to the Grant Fund Human Services Salary and Wages account ($12,800.00) and to the Grant Fund Human Services Other Ordinary Maintenance account ($800.00) and will be used to support two ESOL classes and its related services provided by the Community Learning Center.

24. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Shelter Plus Care Grant for $127,947.00 funded by the U.S. Department of Housing and Urban Development and authorized under the Steward B. McKinney Homeless Assistance Act to the Grant Fund Human Service Programs Other Ordinary Maintenance account and will be used to subsidize the cost of permanent housing for persons with disabilities.

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager relative to 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. [Placed on Table on the motion of Councillor Kelley on February 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 November 6, 2006 on the motion of Councillor Davis on November 6, 2006.]

3. That the City Manager is requested to report back to the City Council on monies expended to needy veterans and their families. [Placed on Table Order Number Seven of November 6, 2006 on the motion of Councillor Kelley on November 6, 2006.]

UNFINISHED BUSINESS
4. 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.]

5. 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 October 4, 2006 for the purpose of considering a proposed amendment to the zoning ordinance to amend the zoning map at the end of Loomis Street by substituting the zoning designation Residence B for the current Industry B-2/Alewife Overlay District 1 designation for a portion of the lot at 61R Smith Place. The question comes on passing to be ordained on or after November 13, 2006. Petition expires January 2, 2007.
ORDAINED 9-0-0, ORDINANCE #1303

APPLICATIONS AND PETITIONS
1. An application was received from Olive Tree Cafe, requesting permission for three tables and six chairs for restaurant seating in front of premises numbered 245 Massachusetts Avenue.

2. An application was received from Caza Flowers, requesting permission for a sign and an awning at the premises numbered 207 Cambridge Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

3. An application was received from Mr. Bartley's Burger Cottage, requesting permission for seven tables and fourteen chairs for restaurant seating in front of premises numbered 1246 Massachusetts Avenue.

4. An application was received from William Kremer, requesting to close the existing driveway to the east of the property and opening the curb and sidewalk creating a driveway west of the property at the premises numbered 164 Brattle Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, and Public Works with the condition that owner will install new curb cut. No response has been received from neighborhood association.

5. An application was received from Jorge Domingos, requesting a curb cut at the premises numbered 9 Sparks Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, and Public Works. No response has been received from neighborhood association.

6. An application was received from Lev Markov, requesting a curb cut at the premises numbered 117 Lexington Avenue; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, and Public Works with the condition that the owner will be responsible for installation of curb cut and repair of sidewalk. No response has been received from neighborhood association.

7. An application was received from 1369 Coffee House, requesting permission for a sandwich board sign in front of premises numbered 1369 Cambridge Street.

8. An application was received from 1369 Coffee House, requesting permission for four tables and sixteen chairs for restaurant seating in front of premises numbered 757 Massachusetts Avenue.

9. An application was received from 88.9 WERS, requesting permission for a table and chairs to display of merchandise in front of premises numbered 630 Massachusetts Avenue in conjunction with the Central Square Holiday event on December 12, 2006.

10. An application was received from Sergio Espinoza, requesting permission for a table to display of merchandise in front of premises numbered 694 Massachusetts Avenue in conjunction with the Central Square Holiday event on December 12, 2006.

11. An application was received from Mosaic Dance Body, requesting permission for a table and chairs to display of merchandise at the corner of Prospect Street and Massachusetts Avenue in conjunction with the Central Square Holiday event on December 12, 2006.

COMMUNICATIONS
1. A communication was received from Jon Williams, regarding a parking plan that would reduce the number of parking places in the Dana Street area.

2. A communication was received from Peter Valentine, regarding the city government to create four new departments.

3. A communication was received from Kathy Podgers, regarding information on emergency preparedness for you and your pets.

4. A communication was received from Mary Ann Herlihy and family, transmitting thanks to the Mayor and City Council for the resolution in honor of her husband, John.

5. A communication was received from Roy Bercaw, regarding running City Council meetings, voting rules, personal privilege and youth violence.

6. A communication was received from Roy Bercaw, regarding misfeasance.

7. A communication was received from Noam Weinstein, transmitting thanks to the entire Council for the generous show of support.

RESOLUTIONS
1. Resolution on the death of Nelson P. Pina.   Mayor Reeves

2. Resolution on the death of Marion Betty O'Connor.   Councillor Sullivan

3. Resolution on the death of Kenneth R. Moe.   Councillor Sullivan

4. Congratulations to Ron Savage on his achievements and wish him well as the Ron Savage Quartet performs at An Evening of Jazz presented by the Abundant Life Church on December 8, 2006.   Mayor Reeves

5. Resolution on the death of Evaristo Santiago.   Vice Mayor Toomey

6. Resolution on the death of Salvatore "Sal" Coppola.   Councillor Sullivan, Vice Mayor Toomey

7. Resolution on the death of Robert F. Sheehan.   Councillor Sullivan

8. Resolution on the death of Alexandrina F. (Rodrigues) Serpa.   Councillor Sullivan

9. Resolution on the death of Lance Corporal Kristopher Warren.   Councillor Decker

10. Resolution on the death of Private First Class Daniel Allman II.   Councillor Decker

11. Resolution on the death of Private First Class Jang Kim.   Councillor Decker

12. Resolution on the death of Lance Corporal Timothy Brown.   Councillor Decker

13. Resolution on the death of Lance Corporal Mario Gonzalez.   Councillor Decker

14. Resolution on the death of Specialist Eric Rivera.   Councillor Decker

15. Resolution on the death of Lance Corporal Michael Scholl.   Councillor Decker

16. Resolution on the death of Specialist Eric Vizcaino.   Councillor Decker

17. Resolution on the death of Sergeant Courtland Kennard.   Councillor Decker

18. Resolution on the death of Sergeant Angel De Jesus Lucio Ramirez.   Councillor Decker

19. Resolution on the death of Specialist Brad Shilling.   Councillor Decker

20. Resolution on the death of Lance Corporal Jeremy Shock.   Councillor Decker

21. Resolution on the death of Specialist Michael Mutz.   Councillor Decker

22. Resolution on the death of First Lieutenant Michael Cerrone.   Councillor Decker

23. Resolution on the death of Captain John Dennison.   Councillor Decker

24. Resolution on the death of Staff Sergeant Misael Martinez.   Councillor Decker

25. Resolution on the death of Staff Sergeant Richwell Doria.   Councillor Decker

26. Resolution on the death of Specialist Justin Garcia.   Councillor Decker

27. Resolution on the death of Staff Sergeant Gregory McCoy.   Councillor Decker

28. Resolution on the death of Captain Rhett Schiller.   Councillor Decker

29. Resolution on the death of Staff Sergeant William Jackson II.   Councillor Decker

30. Resolution on the death of Private First Class Harry Winkler III.   Councillor Decker

31. Resolution on the death of Sergeant Bryan Burgess.   Councillor Decker

32. Resolution on the death of Sergeant 1st Class Tung Nguyen.   Councillor Decker

33. Resolution on the death of Sergeant 1st Class Schuyler Haynes.   Councillor Decker

34. Resolution on the death of Colonel Thomas Felts Sr.   Councillor Decker

35. Congratulations to the Cambridge Rindge and Latin Drama and Music Departments on their performance and production of the musical, Little Shop of Horrors.   Councillor Davis

36. Thanks to Thomas P. O'Neill III for his many years of leadership to the Mount Auburn Hospital.   Councillor Sullivan

37. Happy 73rd Birthday wishes to His Majesty, Emperor Akihito of Japan.   Councillor Sullivan

38. Congratulations to Centro Presente as it celebrates 25 years of work for social and economic justice for immigrant rights.   Councillor Sullivan

39. Proclaim the week of January 2-9, 2007 as "Childhood Cancer Awareness Week" in Cambridge.   Mayor Reeves

40. Congratulations to Joseph Fournier as he pursues his goal as a United States Air Force Firefighter.   Councillor Galluccio

41. Resolution on the death of Stephen John Heywood.   Councillor Sullivan

42. Resolution on the death of Concetta A. (Alibrandi) DiCara.   Vice Mayor Toomey

43. Resolution on the death of Michael J. Sarchioni.   Vice Mayor Toomey, Councillor Sullivan

44. Congratulations and best wishes to the Cambridge Pop Warner B Team Cheerleaders as they compete for the National Championship in Orlando, Florida on December 5, 2006.   Councillor Galluccio, Councillor Simmons

45. Congratulations to Gus Rancatore and Toscanini's on their 25th anniversary and the publication of his memoir "Ice Cream Man."   Councillor Sullivan, Councillor Davis, Councillor Murphy

46. Congratulations to Swanee Hunt on the publication of her new book "Half-Life of a Zealot."   Councillor Decker

47. Thanks to Tom P. Workman, M.D. for his dedicated service to the citizens of Cambridge and wish him well in his future endeavors.   Councillor Sullivan

48. Thanks to the Cambridge Action Fund Inc. on their annual forum entitled "How Best to Help the Homeless."   Councillor Sullivan

49. Resolution on the death of Luigi Fusco.   Councillor Sullivan


50. Thanks to the businesses and organization that contributed food and support to the women affected by the fire at the YWCA.   Councillor Davis

51. Resolution on the death of Jack E. Robinson.   Councillor Sullivan

52. Resolution on the death of Manuel R. Moreira.   Vice Mayor Toomey

53. Congratulations to Lyme Properties on receiving the Phoenix Award from the Environmental Protection Agency.   Vice Mayor Toomey

54. Resolution on the death of Merico "Pope" Petrolati.   Vice Mayor Toomey

55. Resolution on the death of John J. "Buster" Woods.   Councillor Galluccio

56. Congratulations to the Everett Crimson Tide Football and Cheerleading Teams for winning the Division I State Football Superbowl.   Councillor Galluccio

57. Resolution on the death of Brian Owens.   Vice Mayor Toomey


ORDERS
1. That the City Manager is requested to work with the area neighbors to study the conflicts at the Rindge Avenue/Massachusetts Avenue intersection and make recommendations for immediate and long-term improvements that lead to a safer intersection and report back to the City Council.   Councillor Davis  AMENDED

2. That the City Council urge Governor-elect Deval Patrick to sign Massachusetts onto the Regional Greenhouse Gas Initiative (RGGI) as soon as he takes office.   Councillor Davis

3. That the City Manager is requested to notify the Department of Conservation and Recreation and the Cambridge Disabilities Commission about the dangerous condition of the sidewalk beside Memorial Drive that lies behind the headquarters of the Harvard Facilities Department between River Street and Western Avenue.   Councillor Davis  AMENDED

4. That the City Manager is requested to re-establish a study commission dealing with review of the previous study of North Massachusetts Avenue, updating said study and an implementation plan.   Councillor Sullivan

5. That the City Council support "E-accessibility"-making information intended for the general public available to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost.   Councillor Davis

6. That the City Manager is requested to confer with the relevant Department heads to ensure that the Walden Street Bridge website is updated on a weekly basis so that the public can be apprised of the current status of the project.   Councillor Kelley

7. That the Mayor is requested to conduct an interim review of the research assistant program to include an analysis of the research actually conducted by these assistants and a review of any other duties they may carry out.   Councillor Kelley
REFERRED TO THE GOVERNMENT OPERATIONS AND RULES COMMITTEE ON THE MOTION OF COUNCILLOR DAVIS

8. That the City Manager is requested to investigate whether ChemLawn is being used on the Cambridge side of the Charles River and if so, to take the proper steps to see if a more environmentally safe substance can be used.   Councillor Simmons

9. That the City Manager is requested to confer with the Assistant City Manager for Community Development to update the City Council on follow up from various committee meetings relative to housing policy.   Councillor Simmons

10. That the City Council's University Relations Committee hold a hearing on developing a partnership with the Universities, Institute, businesses, neighbors and city for the planning of Massachusetts Avenue.   Councillor Sullivan and Councillor Murphy

11. That the City Manager is requested to convene a meeting with the residents and property owners in and around Tyler Court to discuss public safety issues.   Councillor Kelley

12. Support of the measurement of mechanical noise as specified in the ordinance requiring "measurement from the nearest point to the nuisance noise source on the lot line of the neighbor or complainant..."   Councillor Kelley

13. Request that the Economic Development, Training and Employment Committee develop a task force to continue discussing the matter of the complex alcohol cap policy.   Councillor Decker  AMENDED

14. That the City Manager be and hereby is requested to confer with the Police Commissioner for a status update on what current outreach and programs are being offered to those who have recently been released from prison.   Councillor Decker

15. That the City Manager is requested to confer with the Police Commissioner for a status update regarding the meeting held with Anthony Braga.   Councillor Decker

16. That the City Manager is requested to confer with the Cambridge Health Alliance to provide the City Council with a status update on whether a nutritionist is working with the food pantries on a regular basis.   Councillor Decker

17. That the City Manager is requested to contact Governor-elect Deval Patrick's transition team "Energy & Environment" working group to highlight the need to allow new municipal electric utilities in Massachusetts   Councillor Sullivan

18. That the City Manager is requested to confer with the Cambridge Water Board and revisit the Fresh Pond Reservation Master Plan with the hopes that a compromise in the best interest of public safety is achieved.   Councillor Sullivan

19. That the City Manager is requested to confer with NSTAR for a status update of the work being done by NSTAR on the Walden Street Bridge.   Councillor Decker

20. That the City Manager is requested to confer with the appropriate departments on what resources are available to those in need of heating assistance.   Councillor Decker


21. That the City Manager is requested to ensure that the reopening of the waitlists for family public housing and the Housing Choice Voucher programs, along with the details, be posted on the Cambridge web site and on Cambridge Municipal television.   Councillor Davis, Councillor Sullivan, Councillor Simmons

22. That the City Manager is requested to report back to this City Council with a report on safety issues in the area of Elm and Davenport Streets where it is reported that parked cars obstruct the visibility of motorists in this area.   Councillor Galluccio, Councillor Sullivan


COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of a memorandum from Joseph E. Connarton, Executive Director, PERAC to the Cambridge Retirement Board regarding required Fiscal Year 2008 appropriation.


2. A communication was received from Councillor E. Denise Simmons, regarding City Manager Agenda Item Number Twenty on the hiring process and selection criteria for the new Police Commissioner.


HEARING SCHEDULE
Mon, Dec 4
3:00pm   The Government Operations and Rules Committee will conduct a public meeting to finalize the language of the FY-08 City Council Goals for submission to the full City Council for its review and vote.  (Ackermann Room)
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Dec 6
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss Awaiting Report 06-77 regarding weekly inspections by bicyclists of potholes and other defects on main bicycle routes.  (Sullivan Chamber)

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

Tues, Dec 12
11:30am   The Public Safety Committee will conduct a public meeting to discuss Electro Muscular Disruption Technology, and guns and gun traffic.  (Sullivan Chamber)
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss city plans to address pedestrian issues related to the new Lechmere Station.  (Sullivan Chamber)

Wed, Dec 13
4:30pm   The Ordinance Committee will conduct a public hearing on a proposed order for the City Manager to require utilization of a more protective noise affidavit in building/construction permit applications.  (Sullivan Chamber)
5:00pm   The Ordinance Committee will conduct a public hearing on proposed amendments to the Zoning Ordinance to require public review for smaller scaled residential and commercial development in B, BA-1 and B-2 districts and reduced heights and increased side yard requirements in these districts under certain circumstances. This meeting to be televised.  (Sullivan Chamber)
5:45pm   The Ordinance Committee will conduct a public hearing on the proposed consolidation of the Half Crown and Marsh Neighborhood Conservation Districts.  (Sullivan Chamber)
6:15pm   The Ordinance Committee will conduct a public hearing on the recommendation from the Cambridge Historical Commission on the Avon Hill Neighborhood Conservation District Boundary Study.  (Sullivan Chamber)
7:00pm   The Ordinance Committee will conduct a public hearing on the question of whether all neighborhood conservation districts should have the same review standards.  (Sullivan Chamber)

Mon, Dec 18
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 8, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 9, 2007
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the following: Awaiting Report 06-119 regarding the contributions required of contractors who receive permits to disrupt street and sidewalk pavement and Awaiting Report 06-116 regarding a report to charge rent for parking spaces.  (Sullivan Chamber)

Mon, Jan 22, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 29, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 5, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 12, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 26, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 5, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 12, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 19, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 26, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 9, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 23, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 30, 2007
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     December 4, 2006  AMENDED
COUNCILLOR DAVIS
WHEREAS: The Walden Street bridge is closed and drivers are seeking alternate routes, including Rindge Avenue; and
WHEREAS: Many pedestrians cross Massachusetts Avenue at Rindge Avenue and there are conflicts between pedestrians and cars as well as between bikers and cars; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the area neighbors to study the conflicts at the Rindge Avenue/Massachusetts Avenue and Brookline Street and Massachusetts Avenue intersections and make recommendations for immediate and long-term improvements that would lead to a safer intersection and report back to the City Council.

O-2     December 4, 2006
COUNCILLOR DAVIS
ORDERED: That the City Council be and hereby is requested to urge Governor-elect Deval Patrick to sign Massachusetts onto the Regional Greenhouse Gas Initiative (RGGI) as soon as he takes office.

O-3     December 4, 2006  AMENDED
COUNCILLOR DAVIS
WHEREAS: The stretch of "sidewalk" beside Memorial Drive that lies behind the headquarters of the Harvard Facilities Department between River Street and Western Avenue is in such deplorable condition that it is impassible for wheelchairs and hazardous for pedestrians; and
WHEREAS: There is a fifteen yard section that is 20-24" wide where the pavement is broken and jagged toward Memorial Drive and causes a drop-off that is very dangerous and fills with water when it rains; and
WHEREAS: The section of sidewalk from the entrance to Riverside Park to the Shell Station at the corner of River Street is extremely bumpy and broken with one stretch where the pavement is only 18" wide and another which includes a raised metal platform; now therefore be it
ORDERED: That the City Manager be and hereby is requested to notify the Department of Conservation and Recreation, the Cambridge Disabilities Commission, state officials concerned with disabilities, and Tom Vautin, Harvard's Associate Vice President for Facilities and Environmental Services about the dangerous condition of this sidewalk; and be it further
ORDERED: That the City Clerk be and hereby is requested to notify the Cambridge delegation about this dangerous and inaccessible sidewalk; and be it further
ORDERED: That if no action is taken within six weeks that the City Manager be and hereby is requested to file a complaint with the Massachusetts Architectural Board.

O-4     December 4, 2006
COUNCILLOR SULLIVAN
WHEREAS: Approximately fifteen years ago the City issued a study of North Massachusetts Avenue dealing with the mix and vitality of the avenue; and
WHEREAS: The City Council recently passed zoning amendments that would require the construction of ground floor retail space, however it would not mandate such use; and
WHEREAS: A vibrant community has mixed-use developments that provide for the needs of the community, with mixed retail uses which provide streetscape life; and
WHEREAS: These retail uses are dependent upon one another for survival; now therefore be it
ORDERED: That the City Manager be and hereby is requested to re-establish a study commission dealing with review of the previous study of North Massachusetts Avenue, updating said study and providing an implementation plan; and be it further
ORDERED: That said study should include the area along Massachusetts Avenue, both North of Harvard Square and North of Porter Square to the Arlington line; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council within one month on the appointment of the study commission and the commission report to be completed within six months and reported to the City Council.

O-5     December 4, 2006
COUNCILLOR DAVIS
WHEREAS: December 3, 2006 is International Day of Disabled Persons; now therefore be it
ORDERED: That the City Council go on record supporting "E-accessibility"-making information intended for the general public available to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with a timeline for reaching these goals.

O-6     December 4, 2006
COUNCILLOR KELLEY
WHEREAS: The Walden Street Bridge construction project has caused significant traffic disruptions throughout North Cambridge; and
WHEREAS: The construction project is officially planned to last until the fall of 2008; and
WHEREAS: Residents of Cambridge and people who drive through Cambridge have expressed concern over the status of the bridge's repairs and would like an easy way to keep up to date on the project; and
WHEREAS: The city's website on the Bridge Project has not been updated since early October, 2006; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads to ensure that the Bridge website is updated on a weekly basis, with an explanation of what happened in the previous week and what is planned to happen in the following week; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads to have the portable information lights that now state that the Walden Street Bridge is closed to also include a reference to the Walden Street Bridge website for people who would like to learn more about the current status of this project; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads to ensure that the Walden Street Bridge website address is easily remembered by people who see the information sign; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads to also change the wording on the informational light signs to note that the Walden Street Bridge is open to both pedestrians and cyclists; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue by January 8, 2007.

O-7     December 4, 2006
COUNCILLOR KELLEY
WHEREAS: Through the Mayor's Office, the City Council started a program of research assistants in August, 2006; and
WHEREAS: There is some public confusion over the role of these research assistants; now therefore be it
ORDERED: That the Mayor is requested to conduct an interim review of the research assistant program to include an analysis of the research actually conducted by these assistants and a review of any other duties they may carry out; and be it further
ORDERED: That the Mayor is requested to provide the results of this interim review in a written format to facilitate further discussion of this issue.

O-8     December 4, 2006
COUNCILLOR SIMMONS
WHEREAS: The City of Cambridge has made the commitment to environmentally safe practices; and
WHEREAS: It has come to the attention of the Cambridge City Council that ChemLawn will be used on the entire Cambridge side of the banks of the Charles River; and
WHEREAS: ChemLawn may not be environmentally safe; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate whether ChemLawn is indeed being used and if so, to take the proper steps to see if a more environmentally safe substance can be used.

O-9     December 4, 2006
COUNCILLOR SIMMONS
WHEREAS: In Order Number 9 of January 23, 2003, the City Council requested an update on the City's Housing Policy and further requested that a facilitated workshop be held on this topic; and
WHEREAS: On April 12, 2006, the City Council met with the Affordable Housing Trust in a facilitated roundtable discussion; and
WHEREAS: On September 27, 2006, the Housing Committee held a public meeting to discuss follow up to that roundtable discussion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to update the City Council on follow up from that committee meeting relative to housing policy.

O-10     December 4, 2006
COUNCILLOR SULLIVAN
COUNCILLOR MURPHY
WHEREAS: The universities and the Massachusetts Institute of Technology (the Institute) have a significant impact on the economic development of our community as well as providing community benefits; and
WHEREAS: There have been a number of Council Orders dealing with both the declining nature and the need for investment along major sections of Massachusetts Avenue; and
WHEREAS: The universities and the Institute own major portions of the area along Massachusetts Avenue and are major players in maintaining the magic of some sections of the Avenue as well as making an investment in the "dead zones;" now therefore be it
ORDERED: That the City Council's University Relations Committee hold a hearing on creating a partnership with the universities, Institute, businesses, neighbors and the City for the development of a plan to enable the Avenue to reach its full potential.

O-11     December 4, 2006
COUNCILLOR KELLEY
WHEREAS: The Tyler Court area of North Cambridge is being extensively re-developed and is likely to be re-developed even further in the foreseeable future; and
WHEREAS: Current and future Tyler Court development poses severe public safety issues in terms of vehicular access and lighting; now therefore be it
ORDERED: That the City Manager be and hereby is requested to convene a meeting with the residents and property owners in and around Tyler Court, to include Edmunds Street and Massachusetts Avenue; and be it further
ORDERED: That the City Manager be and hereby is requested to ensure that representatives from the City Electrician's Office and the Department of Traffic, Parking and Transportation attend this meeting; and be it further
ORDERED: That the City Manager be and hereby is requested to invite representatives from the Community Development Department and the Department of Public Works to attend this meeting.

O-12     December 4, 2006
COUNCILLOR KELLEY
WHEREAS: A citizen's property includes the yard/outdoor area around the building upon which rent or property taxes are paid; and
WHEREAS: The full enjoyment of that property both inside and outdoors must be protected as described in the Cambridge Noise Ordinance; and
WHEREAS: Noise from building mechanical equipment can be very loud and disruptive to area residents and businesses and excessive noise can be harmful to long-term human health; and
WHEREAS: Noise from building mechanical equipment is regulated by the City of Cambridge at 50 decibels in the evening and 60 decibels during the day; and
WHEREAS: The License Commission does not always measure mechanical noise as specified in the Noise Ordinance; now therefore be it
RESOLVED: That the City Council go on record supporting the measurement of mechanical noise as specified in the ordinance requiring "measurement from the nearest point to the nuisance noise source on the lot line of the neighbor or complainant..."

O-13     December 4, 2006  AMENDED
COUNCILLOR DECKER
WHEREAS: The City of Cambridge has a complex alcohol cap policy; now therefore be it
ORDERED: That the City Council go on record requesting that the Economic Development, Training and Employment Committee develop a task force to continue discussing this matter; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the License Commission and its Advisory Board, the Human Services Department, the Economic Development division of the Community Development Department and any other appropriate City department to participate in this Task Force; and be it further
ORDERED: That this matter be referred to the Economic Development, Training and Employment Committee.

O-14     December 4, 2006
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner for a status update on what current outreach and programs are being offered to those who have recently been released from prison; and be it further
ORDERED: That the City Manager be and hereby is requested to report back his findings to the City Council.

O-15     December 4, 2006
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner for a status update regarding the meeting held with Anthony Braga.

O-16     December 4, 2006
COUNCILLOR DECKER
WHEREAS: In a previous Health and Environment Committee meeting it was discussed that the Cambridge Health Alliance provide the services of a nutritionist to work with the food pantries on a regular basis to provide assistance with customers who need special diets; and
WHEREAS: The City Council adopted an order on this matter on June 25, 2005; and
WHEREAS: It is unclear if these services are taking place in the food pantries; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Health Alliance to provide the City Council with a status update on whether a nutritionist is working with the food pantries on a regular basis.

O-17     December 4, 2006
COUNCILLOR SULLIVAN
WHEREAS: Investor-owned electric utilities (or "IOUs") currently enjoy a monopoly in their respective service area, resulting in high electricity prices and poor service, particularly from NSTAR; and
WHEREAS: Legislation is needed to allow a municipality to purchase the IOU’s assets at their fair value in order to form a municipal electric utility (or "Muni"). Two bills were introduced in the 2005-06 legislative session; and
WHEREAS: Simplification of these municipal electric utilities would allow Massachusetts residents, businesses and municipalities lower rates and better service; now therefore be it
ORDERED: That the City Manager be and hereby is requested to contact Governor-elect Deval Patrick's transition team "Energy & Environment" working group to highlight the need to allow new municipal electric utilities in Massachusetts; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council.

O-18     December 4, 2006
COUNCILLOR SULLIVAN
WHEREAS: The residents of Cambridge are concerned that the removal of existing lighting in the area known as "Little Fresh Pond" could lead to a public safety issue; and
WHEREAS: It is known that Fresh Pond is opened from "dawn to dusk" however because of the change of season it is getting darker earlier and the lighting allows for many users of the Fresh Pond to get in some exercise either before or after the work day; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Water Board and revisit the Fresh Pond Reservation Master Plan with the hopes a compromise that is in the best interest of public safety is achieved; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council.

O-19     December 4, 2006
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with NSTAR for a status update of the work being done by NSTAR on the Walden Street Bridge; 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-20     December 4, 2006
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments on what resources are available to those in need of heating assistance; 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-21     December 4, 2006
COUNCILLOR DAVIS
COUNCILLOR SULLIVAN
COUNCILLOR SIMMONS
WHEREAS: The Cambridge housing authority is reopening the waitlists for family federal public housing and the Housing choice Voucher programs (Section 8); and
WHEREAS: Effective December 5, 2006 applications for these programs will be available in the lobby of 675 Massachusetts Avenue and online at www.cambridge-housing.org; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ensure that this information, along with the details in the attached letter from the Cambridge Housing Authority, be posted on the Cambridge web site and on Cambridge Municipal television.

O-22     December 4, 2006
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to this City Council with a report on safety issues in the area of Elm and Davenport Streets where it is reported that parked cars obstruct the visibility of motorists in this area; and be it further
ORDERED: That a report with recent accidents that have taken place at this intersection be submitted to the City Council.