Cambridge Civic Journal Forum

Attack of the Killer Zoning Petitions – Highlights of the Aug 1, 2011 City Council agenda

There seems to be some kind of campaign afoot to flood the Cambridge City Council with zoning petitions. On the agenda for this coming Monday’s (Aug 1) Midsummer City Council meeting, there is one zoning petition facing a final vote and 7 new zoning petitions. In addition to a resubmittal by Chestnut Hill Realty of its "Workforce Housing" petition to mine their existing properties for additional rent, there are 6 other petitions coming primarily out of North Cambridge with many of the same signers on each of the petitions. They are the Runkel Petition, the Bagedonow Petition, the Bishop Petition, the Teague Petition, the Andrews Petition, and the de Rham Petition. We are definitely going to need scorecards for this.

Since this is the only meeting of the summer (the Council next meets on Sept 12), the agenda features 32 items from the City Manager, 88 Resolutions, 33 City Council Orders, and 8 Committee Reports. Perhaps the most entertaining of the City Council Orders is one from Councillor Cheung calling for a ban on bamboo. Pity the poor pandas. Alas, all this talk about eradicating Black Swallow-wort has now erupted into an all-out campaign against immigrant plants. What kind of Sanctuary City are we?!

Here are the items that drew my attention:

Manager’s Agenda #8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 10-173, 10-176, 10-180, 10-181 and 10-183, regarding zoning mitigation.

This responds to a string of City Council Orders dealing with the matter of "community benefits", i.e. cash payments contributed by petitioners as part of a deal to get a zoning amendment or a special permit. This is, of course, a very slippery slope that could well ensure that significant increases in density will be permitted as long as the cash payment is sufficiently high. City staff have now drafted guidelines for this practice – necessary perhaps, but still highly questionable.

Manager’s Agenda #31. Transmitting communication from Robert W. Healy, City Manager, relative to the Planning Board recommendation on the zoning petition regarding the definition and regulation of a Public Bicycle-Sharing Service and Public Bicycle-Sharing Stations. [The Planning Board recommends the adoption of the proposed amendments to the Cambridge Zoning Ordinance, in accordance with the language presented to the Board on July 26, 2011.]

Still unresolved in the discussions at the Planning Board and at the Ordinance Committee is if there will be any limitation on advertising on these bike stations. Also unresolved is whether nearby property owners will have any say in the placement of these stations on public sidewalks. Speaking personally, I don’t find this service particularly attractive. Owning your own bike is cheaper and you don’t have to worry about the "exponentially increasing" rate that users will have to pay if they keep the shared bike longer than a half-hour. Also, old bikes are cheap and not attractive to thieves. This service will undoubtedly be useful for visitors and for commuters who have insufficient room for a bike or who don’t want to deal with maintenance issues. It’s an overall positive program.

Manager’s Agenda #32. Transmitting communication from Robert W. Healy, City Manager, relative to the City entering into a ten year Cable Television Renewal License with Comcast, from July 1, 2011 through June 30, 2021.

No comment here – just a bowing of the head as we passively accept another decade of The Evil Empire.

Unfinished Business #7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on May 5, 2011 for the purpose of considering proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2, including the history of the use of the section for special permit applications for conversion of commercial and institutional uses to residential building, and the recent public conversations on this section of the Zoning Ordinance. The question comes on passing to be ordained on or after June 20, 2011. Planning Board hearing held May 10, 2011. Petition expires Aug 3, 2011.

Committee Report #7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on July 18, 2011 to continue to consider proposed amendments to Section 5.28.2 Conversion of Nonresidential Structures to Residential Use and Section 4.29 clarifying the allowance of additional uses as permissible under Section 5.28.2.

Marc Levy has a good writeup about this. The conflicting rhetoric surrounding this zoning proposal has run thick over the last several months. The bottom line is that unless this or some comparable amendment is made, the existing zoning will allow developers to significantly increase density as they repurpose old schools, churches, and other buildings into residential use. Then again, I suppose this City Council might gladly say Yes to density as long as the "community benefits package" is sufficiently large.

Then there are the 6 new zoning petitions – probably an all-time high for a single meeting. Click on the links and read the petitions. They are offered here without additional comment.

Appl. & Pet. #3. A zoning petition has been received from Laura Runkel, et al., requesting the City Council to amend the Zoning Map by rezoning an area on the southern border to North Cambridge from its C1-A designation to residential C.

Appl. & Pet. #4. A zoning petition has been received from Chestnut Hill Realty, requesting the City Council to amend the Zoning Ordinance by creating a new section that would allow for the creation of rental apartment units in the basement levels of existing multifamily residential buildings in Residence C Districts within two tenths of a mile from Massachusetts Avenue, Cambridge Street or a Red Line station and must be within 1200 feet of a shared car or rental car location.

Appl. & Pet. #5. A zoning petition has been received from Matthew Bagedonow, et al., requesting the City Council to amend section 5.24 Yards for Zoning District C-1 by adding 5.24.(4).

Appl. & Pet. #7. A zoning petition has been received from Julia Bishop, et al., requesting the City Council to amend the Zoning Ordinance by rezoning Special District 2 in North Cambridge to more closely reflect its Residence B base zoning.

Appl. & Pet. #10. A zoning petition has been received from Charles D. Teague, et al., requesting the City Council to amend the Zoning Ordinance by enabling enforcement of the already existing lighting restrictions.

Appl. & Pet. #11. A zoning petition has been received from Linda G. Andrews, et al., requesting the City Council to amend the Zoning Ordinance by restating the Inclusionary Housing Provisions.

Appl. & Pet. #12. A zoning petition has been received from Elizabeth M. de Rham, et al., requesting the City Council to amend the Zoning Ordinance by adjusting the existing ability of the Superintendent of Buildings to issue fines for violations of the Zoning Ordinance.

Also embedded among the Applications & Petitions is a relatively small item of personal interest:

Appl. & Pet. #6. An application was received from Dwelltime, requesting permission for a sign at the premises numbered 364 Broadway. Approval has been received from Inspectional Services, Department of Public Works, Community Development and abutters.

Communications #5. A communication was received from Robert Winters, 366 Broadway, regarding proposed signage for 364 Broadway over the public way. (Applications and Petitions #6)

I rarely submit communications or make comments at City Council meetings. This item, however, concerns the new café set to open soon next door to my home of the past 33 years. I believe they’ll be a great neighbor and the manager is a very likeable fellow, but they are asking for a sign that would project 4 feet out over the sidewalk on a small mixed residential/commercial block on Broadway that has no such signage. The abutters who gave their approval are the new condo owners behind this property who were given private parking on the lot. Most of my neighbors feel that a standard sign mounted flat on the storefront will serve just as well without the unnecessary visual clutter or other unintended consequences. I invite you to read my communication linked above. The Mid-Cambridge Neighborhood Association has expressed a similar point of view regarding the proposed signage.

Resolution #40. Congratulations to Brian Corr on his appointment as Executive Secretary of the Police Review and Advisory Board.   Councillor Simmons

Brian Corr is a good man and an excellent person to head this or any number of other City departments. That said, a review of the many City boards & commissions (with an eye toward consolidation) is overdue. A little leadership from the City Council would help in this regard.

There’s also this triplet of technology-related orders from Councillor Decker, plus an additional one from Councillor Kelley:

Order #1. That the City Manager is requested to report back to the City Council and the Finance Committee on a Technology Plan for the city.   Councillor Decker

Order #2. That the City Manager is requested to report back to the City Council on what would be the advantage of creating a research and development office for technology and to provide a timeline for creation of this office, similar to the Urban Mechanics Department in Boston.   Councillor Decker

Order #3. That the City Manager is requested to review Seeclickfix or any other innovative technology that would connect the city to social media and interactive technology that would engage the public in government.   Councillor Decker

Order #15. That the City Manager is requested to confer with the relevant City agencies and report back to the City Council on the feasibility of the City being able to create a system where all official documents such as building permits, variance applications, License Commission inspection results and other similar information could be tied to a unique property identifier, such as an address, and be available to the general public when searched by that unique identifier.   Councillor Kelley

I personally like to do most transactions online and I definitely appreciate any efforts to make simpler any research needs, especially regarding permits, proposals, and the history of specific properties. Cambridge organizes some things very well on its website (most notable access to documents on the Community Development Department site), but comes up very short in many other ways. I’ve recently learned how easy it can be for a property owner to slip a project almost invisibly through the City’s regulatory and review processes before neighbors even know what’s happening. None of this has to be confrontational. Easy access to clear information can help to prevent conflict and increase cooperation of all parties.

Order #8. That the City Manager is requested to direct the appropriate department heads to look into the need for a bamboo ordinance that either bans the planting of bamboo outright or somehow holds the owner of the bamboo accountable if a bamboo infestation were to occur.   Councillor Cheung

Maybe bamboo is an evil menace, but I doubt it. I have a neighbor with bamboo growing in front of her house. It has never crept up on me nor affected my dreams. It never mocks me. It does not threaten me as I pass by. It occasionally waves to me in a kind gesture. We enjoy our immigrant neighbor. Please, councillor, let our bamboo neighbors live in peace.

Speaking of international relations, Councillor Cheung wants Cambridge to join the UN Global Compact Cities program.

Order #9. That the City Manager is requested to direct the appropriate department heads to look into the feasibility and possible benefits of Cambridge participating in the UN Global Compact Cities program and report back to the City Council with a course of action.   Councillor Cheung

I was a bit curious about this, so I looked it up. This program is founded on "10 principles" – not unlike those of the Green Party. I’m sure we Cantabrigians will be able to adhere to these guiding principles, though I hardly understand the need to take such a catechismal approach to City governance. Here are the 10 Principles to which we must adhere:

1. Businesses should support and respect the protection of internationally proclaimed human rights; and
2. make sure that they are not complicit in human rights abuses.
3. Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining;
4. the elimination of all forms of forced and compulsory labour;
5. the effective abolition of child labour; and
6. the elimination of discrimination in respect of employment and occupation.
7. Businesses should support a precautionary approach to environmental challenges;
8. undertake initiatives to promote greater environmental responsibility;
9. encourage the development and diffusion of environmentally friendly technologies.
10. Businesses should work against corruption in all its forms, including extortion and bribery.

Order #10. That the City Council go on record opposing the selling of naming rights for MBTA Stations.   Councillor Toomey

Who would possibly object to renaming Harvard Square Station as Abercrombie & Fitch Station?

Order #11. That the City Council go on record opposing the MassDOT plans to use the Grand Junction for Commuter Rail traffic.   Councillor Toomey

There seems to be a bit of a split developing between those councillors who clearly oppose the Tim Murray Express and those who choose to take a "wait and see" approach as the train comes barrelling down the tracks. I just can’t wait to hear the nuanced statements at the East Cambridge Candidates Night this fall.

Order #13. That the City Council go on record as urging the Governor, the Cambridge Legislative Delegation and the Registrar of Motor Vehicles to establish appropriate administrative procedures to back up police officers who write tickets to bicyclists committing moving violations.   Vice Mayor Davis

I can’t argue with the logic of this Order, but let’s not forget all those motor vehicles blowing through crosswalks, drivers parking their cars 2-3 feet from the curb (which is NEVER ticketed), drivers flinging their doors open into cyclists, and other magnificent practices that endanger those not enclosed in steel cages.

Order #19. That the City Council go on record in opposition to closing the Inman Square Post Office or any other Post Office in the City of Cambridge.   Councillor Toomey

It goes without saying that usage of postal branches has decreased dramatically in recent years along with the rise in e-mail and online transactions. It is inevitable that some branches will have to close. I will not agree with Councillor Toomey until someone can quantitatively show that these branches are really necessary. Contracting with a few local businesses for a postal counter, if necessary, could provide all the convenience people really need. It might even be good for business.

Order #23. That the City Manager is requested to confer with the appropriate departments to investigate the lack of a bike lane and the unsafe car traffic on Blanchard Road.   Councillor Cheung

For the thousandth time – a bike lane does not necessarily ensure the safety of cyclists. It may enhance the perception of safety, but it will not in and of itself make for safer cycling.

Order #26. That the City Manager is requested to ask the relevant City departments to examine all street poles on the section of Massachusetts Avenue between Harvard and Porter Squares and clean and remove flyers, notices, graffiti and other debris from these poles.   Councillor Seidel

Having recently spent several days personally doing this work in the Central Square area, I would suggest that we not focus just on Mass. Ave. between Harvard and Porter Squares. One idea that I would support would be to require abutting property owners to keep their stretch of the street free of graffiti, flyers, and other debris on poles, parking meters, etc. It’s very easy to do if you’re only responsible for your short stretch of the street. We require property owners to shovel their sidewalks. Is it too much to ask that they clear this debris? I already do it and I can testify that it’s not all that hard to do. Perhaps property owners could start by doing this voluntarily.

Order #27. That the City Manager is requested to confer with the Community Development Department and other relevant City staff to examine the relationship between job creation in the City and available housing stock in Cambridge over the past two decades.   Councillor Seidel

If you read this Order, you might see that it’s related to the City Manager’s response concerning mitigation and "community benefits". This seems like a precursor to an effort to require developers to contribute money toward City housing programs.

Order #28. That the City Council requests an update by its relevant members as to the status of a committee hearing on security cameras.   Councillor Kelley

Quick! Call Nancy Murray and the ACLU! As Councillor Toomey has repeatedly pointed out, most people are caught on video cameras multiple times every day. This should be a non-issue and these cameras definitely can enhance the personal safety of residents.

Order #32. That the City Manager is requested to report on the rationale behind why there are so many "No Turn on Red" signs in the city at intersections where residents would otherwise feel safe to turn right on red.   Councillor Cheung

Ask Traffic & Parking Czar Sue Clippinger. If you disagree with all the unnecessary restrictions, you can always file an appeal with the appointed Traffic Board mandated under state law. The Traffic Board could overrule the Czar. Oh, yeah, the Traffic Board has not been appointed for a couple of decades now. If you disagree with the regulations, tough luck!

Order #33. That the City Manager is requested to confer with the appropriate departments to investigate Styrofoam recycling options and report back to the City Council with recommendations.   Councillor Cheung

If you can find a cost-effective way to transport this substance (which is mostly air) to a reprocessing facility, I’m all ears. Until then, the environmental cost of transporting Styrofoam will exceed any environmental benefits. That’s the issue.

Committee Report #2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Civic Unity Committee for a public meeting held on May 3, 2011 for the purpose of continuing discussion with the Civic Unity Advisory Committee of the recommendations of the Cambridge Review Committee report.

I attended this meeting, but I will refrain from any detailed comments because of the inevitable repercussions of doing so. I will say, however, that rarely does one encounter such a group of meeting participants whose minds are as made up in advance as those I saw at this meeting. Start with the conclusions you want, and then discuss the justification for those conclusions.

The annual Midsummer meeting is always a long one. This one could be especially long if they have to spend a long time hashing out changes to the Section 5.28.2 zoning amendment. It’s also a municipal election year and the incumbents often like to use the City Council meetings to practice their stump speeches. – Robert Winters

Attack of the Killer Zoning Petitions

There seems to be some kind of campaign afoot to flood the Cambridge City Council with zoning petitions. On the agenda for this coming Monday’s (Aug 1) Midsummer City Council meeting, there is one zoning petition facing a final vote and 7 new zoning petitions. In addition to a resubmittal by Chestnut Hill Realty of its "Workforce Housing" petition to mine their existing properties for additional rent, there are 6 other petitions coming primarily out of North Cambridge with many of the same signers on each of the petitions. Details to follow. They are the Runkel Petition, the Bagedonow Petition, the Bishop Petition, The Teague Petition, the Andrews Petition, and the de Rham Petition. We are definitely going to need scorecards for this.

Since this is the only meeting of the summer (the Council next meets on Sept 12), the agenda features 32 items from the City Manager, 88 Resolutions, 33 City Council Orders, and 8 Committee Reports. Perhaps the most entertaining of the City Council Orders is one from Councillor Cheung calling for a ban on bamboo. Pity the poor pandas. Alas, all this talk about eradicating Black Swallow-wort has now erupted into an all-out campaign against immigrant plants. What kind of Sanctuary City are we?!

More to follow…..

Aug 1, 2011
City Council agenda
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June 6, 2011 City Council Agenda Highlights

The City Council returns Monday to a relatively light agenda. I suspect there will also be some discussion of the major water main break that occurred Saturday night. While most people tend to focus on the inconvenience and losses due to flooded basements, the most serious aspect to the incident was the period of a few hours during which fire protection was seriously compromised due to the lack of any water pressure at fire hydrants in a large portion of the city. Thankfully, there was little or no damage to the Main Library and the Water Department workers did themselves proud by completing all the essential work within one day. A section of Broadway may remain closed for part of the work week as the Trowbridge/Broadway intersection is restored.

Here are a few items of interest on the Agenda:

City Manager’s Agenda #1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-33, regarding the feasibility of using City-installed and managed cameras in the Clifton Street area.

Though I suppose the ACLU whiners may show up to protest this perceived intrusion, hopefully sense will prevail this time and the City Council will give its blessing. On the heels of the City Council’s pinheaded disapproval a few years ago of cameras provided by the federal government (at no cost), one can understand why the City Manager states that "it is not my intention to purchase these cameras absent a City Council endorsement."

There is one annual item from the City Manager about balancing the books prior to the June 30 end of the fiscal year. More interesting, however, is a string of rescissions for money authorized by various loan orders which are no longer necessary. This is the content of City Manager’s Agenda items #20 through #26.

City Manager’s Agenda #18. Transmitting communication from Robert W. Healy, City Manager, relative to an order authorizing the City Manager to transfer appropriations of available balances prior to the close of the books for FY10-11.

City Manager’s Agenda #20-26. Transmitting communication from Robert W. Healy, City Manager, relative to various loan orders requesting the rescission of the remaining amounts of the loan orders:

#20. $5,000 of $1,355,000 authorized by the City Council on May 12, 1997 for the first phase of the Fiber Optic Infrastructure Project. This project has been successfully completed and the balance of $5,000 on the loan order is no longer required.

#21. $315,000 of $315,000 authorized by the City Council on May 11, 1998 for the second phase of the Fiber Optic Infrastructure Project. This project has been successfully completed and the balance of $315,000 on the loan order is no longer required.

#22. $495 of $31,500,000 authorized by the City Council on Feb 23, 2004 for the construction of the new Main Library. This project has been successfully completed and the balance of $495 on the loan order is no longer required.

#23. $1,555 of $157,405 authorized by the City Council on May 20, 2002 for the Public Works Department Sewer Division Infiltration/Inflow Project. This project has been successfully completed and the balance of $1,555 on the loan order is no longer required.

#24. $205,000 of $305,000 authorized by the City Council on Feb 22, 1999 for the Public Works Department Sewer Division. This project has been successfully completed and the balance of $205,000 on the loan order is no longer required.

#25. $277,358 of $5,700,000 authorized by the City Council on June 4, 2007 for renovations to the War Memorial. The War Memorial renovation project has been successfully completed and the balance of $277,358 represents less than 1% of the total project cost including the State grant and other loan authorizations.

#26. $700,000 of $1,000,000 authorized by the City Council on May 18, 2009 for the remediation of soil contamination at Yerxa Road. The original estimate for the remediation of soil contamination and other environmental issues at Yerxa Road was $1,000,000. However, the bids received were considerably lower, thus creating a surplus of $700,000 in the loan authorization.

We tend to expect only requests for additional appropriations, so it’s noteworthy when the opposite is the case. Perhaps most noteworthy is the fact that the Yerxa Road project cost only 30% of what was authorized. There’s also something charming about the $495 left over from the $31,500,000 loan authorization for the Main Library. The overall cost for the new Library and related projects was actually considerably more than $31.5 million.

Unfinished Business #8. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on Apr 6, 2011 and a follow-up public meeting on May 17, 2011 to consider a petition to amend the Cambridge Zoning Ordinance filed by Novartis Institute for BioMedical Research, joined by M.I.T. as land owner, to allow for the creation of a new Special District 15 along a portion of Massachusetts Avenue between Albany Street and Windsor Street opposite the location of the Novartis main campus at the former Necco Building. The question comes on passing to be ordained on or after June 6, 2011. Planning Board hearing held Mar 29, 2011. Petition expires July 5, 2011.

This zoning petition could come to a final vote at this meeting. On the other hand, the MIT/Forest City petition affecting a nearby area expires July 13 and there may be some logic in deliberating and voting on these two petitions in some unified way rather than piecemeal.

Order #1. That the City Manager is requested to confer with the Assistant City Manager of Community Development and the City Solicitor to provide the City Council with background information on the current ownership of the land that was transferred to Neighbors for a Better Community for the benefit of the Area Four community and whether it has been or is being sold and how the benefits will accrue to the community.   Councillor Simmons

This Order really should be amended to more appropriately reflect the possibly criminal aspects of what happened with the self-serving "Neighbors for a Better Community." The Council Order only says "ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager of Community Development and the City Solicitor to provide the City Council with background information on the current ownership of the land, whether it has been or is being sold and how the benefits will accrue to the community."

There really should be additional language in this Order directing the City’s Law Department to investigate and potentially prosecute those who have misappropriated funds, though technically this arrangement was made only between the developer and this ad-hoc group during the negotiations prior to a zoning vote. In a related matter, a full accounting of the $195,000 payoff made a decade ago to 13 individuals who protested a project across the street from the Alewife T Station should be made public. That money was initially offered by Oaktree to the Affordable Housing Trust ($60,000) and the Mystic River Watershed Association ($135,000), but it was placed under the control of these 13 individuals instead after some legal conflicts. Where did the money go?

Order #5. That the City Manager is requested to contact relevant City officials and the officials of Belmont, Arlington and appropriate State agencies and non-profit agencies such as the Trustees of Reservations to determine if the Silver Maple Forest could be purchased for preservation.   Councillor Kelley

If there’s any of that $135,000 left (see above) it might make a good down payment on the purchase. Perhaps Councillor Kelley can provide one or two thirteenths of the answer. – Robert Winters

June 7 Update: Order #1 was greatly amended before passing on an 8-0 vote.

Amended Order #1     June 6, 2011
COUNCILLOR SIMMONS
WHEREAS: Questions continue to be raised by members of the Area Four community regarding what benefits the community has received from monies and land at 131 Harvard Street, the corner of Clark and Harvard Streets, transferred to Neighbors for a Better Community (NBC) for the benefit of the Area Four community; and
WHEREAS: It has come to the attention of the City Council that this land has been sold by NBC for $100,000 after its rejection of an offer of $450,000, which would have resulted in the building of eight affordable homeownership units at 131 Harvard Street and the distribution of the proceeds to community groups for youth and family services; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with background information and a chronology on the ownership of the land, including the establishment and purposes of the Neighbors for a Better Community 501(C)3, the $450,000 offer from CASCAP and the recent sale for $100,000; and be it further
ORDERED: That the City Manager be and hereby is requested to contact the Attorney General’s Office with a view toward freezing all monies from the sale of the property at 131 Harvard Street and insuring that all proceeds from the sale of the property will ultimately go to the benefit of the community; and be it further
ORDERED: That the City Manager be and hereby is requested to contact the Attorney General’s Office with the request that the Attorney General’s Office investigate whether NBC has violated the obligations conferred by its 501(C)3 status and the purposes set forth in its charter to use its resources for the benefit of the community and further how NBC can be required to fulfill these obligations; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter; and be it further
ORDERED: That the Mayor send a letter to Attorney General Martha Coakley on behalf of the City Council conveying its deep concern for the ability of a nonprofit agency to abuse the community trust and urging the Attorney General to take all possible steps to require the return to the community the benefits to which it is entitled.

May 23, 2011 City Council Agenda Highlights – Budget Adoption

The main item on the menu is the adoption of the FY2012 Budget and a variety of final authorizations to borrow money for capital projects. The Manager’s Agenda also includes responses to 12 of the 36 items on the 2011 Awaiting Report list. Another 16 items from 2010 remain on Awaiting Report. Perhaps a little more spring cleaning is in order.

Manager’s Agenda #5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-53, regarding a report on way to make the Follen Street/Little Concord Avenue intersection safer for pedestrians, bicyclists and motorists.

Bicycle safety expert John Allen has a few things to say regarding the original Order as well as in response to this report. John Allen is the author of Street Smarts, a guide for safe cycling that has been adopted in several states. It is generally best to heed his advice even when it goes against current trends/fads. I know of no one who understands the nuts and bolts of bicycling safety more than John Allen.

Manager’s Agenda #11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-12, regarding a report on any foreseeable tax revenue implications of Vertex’s decision to leave Cambridge.

The analysis from Director of Assessment Bob Reardon indicates that the length of time associated with Vertex’ exodus as well as the continuing high demand for Cambridge lab space will result in no significant tax impacts. The sky shall not fall.

Manager’s Agenda #12. Transmitting communication from Robert W. Healy, City Manager, relative to information regarding Information Technology (IT), which was requested at the Information Technology Department (ITD) Budget Hearing.

Though much of this report will appeal only to techies, two items are noteworthy:

• Citizen Complaint System – Enhancements to the current Cambridge Request System (CRS) to allow the public to enter a complaint directly to the work order system and receive notification of the work order ticket, an estimate of when the problem will be resolved and notification when the problem is resolved. The Complaint System will include access to a website database that shows the ticket and status.

• An Optimized Search Function – Using Google Search, enhance the search function on the City website to return more relevant information.

Manager’s Agenda #15. Transmitting communication from Robert W. Healy, City Manager, relative to dedicated funding for GLBT Commission activities.

Manager’s Agenda #16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-02, regarding a report on tax treatment of health benefits for couples in same sex marriages.

The first of these provides $2,500 in supplemental funds to the GLBT Commission in addition to continuing support from other departments. This may not satisfy those who would prefer a dedicated staff position, but the whole matter of staffing for this and similar commissions still needs some attention and political will. The second of these indicates that the total financial impact of this added benefit is quite manageable – the estimated cost to the City with full implementation is approximately $12,000 per year; for the School Department the cost with full implementation is estimated to be closer to $21,000 per year.

Charter Right #2. That the City Manager is requested to ask the City’s private law firm to waive any statute of limitations defense regarding potential liability to Cambridge for its actions and advice in the Monteiro case. [Charter Right exercised by Vice Mayor Davis on Order Number Fourteen of May 16, 2011.]

Perhaps this Order is now moot since the expiration referenced in this Order occurred yesterday. It’s hard to know for sure what the intent of this Order was, but its author appears to be Councillor Kelley’s mentor Richard Clarey who has been at war with the City Manager for perhaps two decades. On the surface, the Order seems designed to drive a wedge between the City administration and its outside legal counsel. Specifically, if the City’s actions in the dismissal of a problematic employee were done on the advice of this legal counsel, the case can be made that City’s actions were not "retaliation." This Order suggests that the City should retain the option of suing its own legal counsel – not exactly the best move in ongoing litigation.

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Budget-related items to be voted at this meeting:

Committee Report #1. Finance Committee Report for public hearings held on May 4, 2011, May 11, 2011 and May 12, 2011 relative to the General Fund Budget for the City of Cambridge for Fiscal Year 2012 and recommending adoption of the budget in the amount of $439,008,170.

Committee Report #2. Finance Committee Report for a public hearing held on May 11, 2011 relative to the Water Fund Budget for the City of Cambridge for Fiscal Year 2012 and recommending adoption of the budget in the amount of $14,902,620.

Committee Report #3. Finance Committee Report for a public hearing held on May 11, 2011 relative to the Public Investment Fund for the City of Cambridge for Fiscal Year 2012 and recommending adoption of the budget in the amount of $11,613,225.

Unfinished Business #10-13, 15-17. Various orders requesting appropriation and authorization to borrow:
• $1,300,000 to provide funds for improvements to Alberico, David Nunes and Fulmore Parks and the establishment of a community garden at Riverside Press Park;
• $33,754,300 to continue sewer projects in the Harvard Square, Agassiz, Western Avenue and Alewife Watershed areas of the City.
• $2,000,000 to provide funds for improvements to several City facilities including the East Cambridge and Inman Square Fire Stations and the Ryan Garage/Simard Building at Public Works;
• $2,000,000 to provide funds for the reconstruction of several streets included in the Complete Streets Initiative as shown in the five year street and sidewalk program;
• $2,000,000 to provide funds for the second phase of the reconstruction of the Harvard Square Tunnel (Cambridge Street Underpass);
• $300,000 to provide funds to facilitate coordination among the various consultants working on the design and planning projects for Kendall Square and perform interim repairs in the area; and
• $3,000,000 to provide funds for the architectural design and construction of an elementary school to be either rebuilt or renovated as part of the multi-year Elementary School Rebuilding Program.

Barring a delayed Rapture, it’s expected that the General Fund Budget ($439,008,170) will pass on an 8-1 vote with Councillor Kelley, as always, voting in the negative. You can expect a speech from Kelley regarding the Law Department budget, possibly conflated with the topic of Charter Right #2. Though the Annual Budget is the single most important vote by the City Council almost every year, there are basically never more than a few minor changes to the Manager’s submitted budget – regardless how much time is spent pontificating about the Budget. High priority items for individual councillors are usually worked out (when feasible) before submission of the proposed Budget, so the adoption is usually noncontroversial. If Cambridge’s financial resources were as strained as many other Massachusetts cities and towns, it might be an entirely different story.

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Unfinished Business #14. Ordinance Committee Report for a public meeting held on Mar 2, 2011 to consider a zoning petition originally filed by Chestnut Hill Realty and re-filed by the City Council to create a new section that would allow for the construction of rental units in the basement levels of existing multifamily buildings in Residence C Districts within 1200 feet of Massachusetts Avenue, Cambridge Street or the Red Line through a special permit process. The question comes on passing to be ordained on or after May 16, 2011. Planning Board hearing held Mar 29, 2011. Petition expires May 31, 2011.

This "workforce housing" petition will likely be voted at this meeting or be allowed to expire if there are insufficient votes to pass it. As has been mentioned here many times, the amount of campaign contributions that flowed from the petitioner to several elected councillors makes this a vote worthy of scrutiny.

Committee Report #4. Ordinance Committee Report for a public hearing on Apr 6, 2011 and a follow-up public meeting on May 17, 2011 to consider a petition to amend the Cambridge Zoning Ordinance filed by Novartis Institute for BioMedical Research, joined by M.I.T. as land owner, to allow for the creation of a new Special District 15 along a portion of Massachusetts Avenue between Albany Street and Windsor Street opposite the location of the Novartis main campus at the former Necco Building.

This will likely be Passed to a 2nd Reading tonight, perhaps with the amendments recommended by the Planning Board. When it comes to a final vote, most likely in a few weeks, it will almost certainly be passed. Together with the concurrent MIT/Forest City petition affecting an area just up the street on Mass. Ave., there will likely be a major transformation of Mass. Ave. over the next few year between Sydney Street and the railroad tracks. – Robert Winters