Cambridge City Council meeting - Jan 7, 2013 - AGENDA
CITY MANAGERS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-146, regarding a report on conducting an inventory of school playgrounds for current safety issues and suitability of playground equipment for the age groups being served.
2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-149, regarding a report on possibility of posting "no truck traffic" signs on Roberts Road.
3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the U.S. Department of Justice, Office of Violence Against Women (OVW) for $285,000 to the Grant Fund Police Department Salaries and Wages account ($30,000), Other Ordinary Maintenance account ($204,500), Travel and Training account ($12,000), and the Extraordinary Expenditure account ($38,500). This award has been made to the City from the OVW under their grant program to Encourage Arrest Policies and Enforcement of Protection Orders Program which will be used to develop and strengthen effective responses to violence against women.
CHARTER RIGHT
1. Encourage residents to participate in the 2013 Dr. Martin Luther King Day of Service on Jan 21, 2013. [Charter Right exercised by Mayor Davis on Resolution Number Seven of Dec 17, 2012.]
Adopted
ON THE TABLE
2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-09, regarding a report on the use of coal and on Cambridge becoming coal-free. [City Manager Agenda Number One of Mar 5, 2012 Placed on Table on motion of Vice Mayor Simmons on Mar 5, 2012.]
3. Urge greater cooperation from the Cambridge Housing Authority to better serve the people of Cambridge. [Order Number Two of Apr 9, 2012 Placed on Table on motion of Vice Mayor Simmons on Apr 9, 2012.]
4. That the City Manager is requested to confer with the Community Development Department and other relevant departments in order to present to the City Council a map of Cambridge that shows, by location and by date, all of the areas where construction is and will be taking place over the coming decade. [Order Number Four of Apr 9, 2012 Placed on Table on motion of Councillor Toomey on Apr 9, 2012.]
5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 12-28, regarding temporary ramps and obstructions in construction zones. [City Manager Agenda Number Eight of Apr 23, 2012 Placed on Table on motion of Councillor Kelley on Apr 23, 2012.]
6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-35, which requests a report on whether there were any public safety officers that falsified their emergency medical training re-certification while employed by the City of Cambridge. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Two of May 21, 2012. Placed on Table on motion of Councillor Toomey on June 4, 2012.]
7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-63 regarding a report on safety issues at the intersection of Massachusetts Avenue and Vassar Street. [City Manager Number Twenty-three of July 30, 2012 Placed on Table on motion of Councillor Kelley on July 30, 2012.]
8. That the City Manager is requested to confer with relevant City staff and report back to the City Council on whether a tagging program could be implemented to notify owners of bicycles that have been removed from sign posts by the Department of Public Works and contact information for retrieval of said bicycle. [Order Number Fourteen of July 30, 2012 Placed on Table on motion of Councillor vanBeuzekom on July 30, 2012. Councillor Toomey recorded in the negative on Tabling.]
9. That the Cambridge City Council go on record urging the members of the Massachusetts Committee on House Steering, Policy and Scheduling to pass MA House Bill 4165, "An Act Relative to Speed Limits." [Charter Right exercised by Councillor Decker on Order Number Eleven of Nov 19, 2012. Order Number Eleven of Nov 19, 2012 Placed on Table on motion of Councillor Toomey on Dec 3, 2012.]
COMMUNICATIONS
1. A communication was received from State Senator William N. Brownsberger transmitting thanks for forwarding City Council resolution in support of S2314, An Act relative to plastic bag reduction.
2. A communication was received from Paul Lemieux transmitting thanks for the touching City Council resolution honoring Ann.
3. A communication was received from Eileen Ginnetty transmitting sincere appreciation for the resolution and well wishes on her retirement.
4. A communication was received from Tom Stohlman transmitting a copy of a letter to Ms. Amy Nable of the MA Attorney General's Office in response to his Open Meeting Law Complaint.
Dec 28,2012
Amy Nable, Assistant Attorney General
Director of Division of Open Govemment
Office of the Attorney General
One Ashburton Place
Boston, MA 02108Re: My Open Meeting Law complaint against the Cambridge City Council dated Dec 4, 2012
Dear Ms. Nable,
I have received the Cambridge City Clerk's response on behalf of the Cambridge City Council to your office regarding my Open Meeting Law (OML) Complaint dated Dec 4, 2012. In short, the Cambridge City Council disagrees that it violated the Open Meeting Law. I am not satisfied with their response and would like your office to ascertain whether an Open Meeting law violation has occurred.
Facts
There is no dispute over the facts in my complaint, only the conclusions. In the complaint (City Council Response Exhibit A, attached) I state:
"A Councilor or group of Councilors crafts a policy order, complete with arguments and reasons for the order. The order is then passed among the Council by the City Clerk. Other councilors may sign on to the order as co-sponsors. The order is then placed on the agenda prior to the meeting, complete with the list of the Councilors who have sponsored it."
Under the heading "FACTS", on page 3, paragraphs 2&3, the City Council Response states as fact, two opinions based on the facts:
1) A listing of Councilors who sponsor a policy Order is not an accurate indicator of how they will vote on the Order.
2) There was no deliberation on Policy Order O-6 before the Dec 3, 2012.I disagree with both opinions. I will follow the City Council Response's "DISCUSSION" outline (page 4) in my argument.
Discussion
From the City Council response (in BOLD):
"1. The City Clerk's practice of contacting City Councilors about policy orders does not constitute serial deliberation in violation of the Open Meeting Law."
I cannot find a material difference between Councilors exchanging non-procedural emails with each other on a matter before a meeting and having the City Clerk act as an agent in the exchange of such emails/correspondence between Councilors.
"1.a. A quorum of Councilors did not communicate with each other on public business within its jurisdiction."
The moment that a quorum of the Councilors see each others' reasoning and their willingness to sponsor an order, they are deliberating (City Council Response Exhibit E, attached). The fact that it is being done by an agent, the City Clerk, or anyone else doesn't make it legal.
"1.b. The distribution of the meeting agenda with Policy Order O-6 did not express the opinion of Councilors on the Policy Order."
I have now reviewed hundreds of City Council orders over the last two years, specifically the hundreds of orders which have a quorum of the Council as sponsors. I may have missed one, but I could not find an order where the order did not pass if sponsored by a quorum. There are also numerous examples in which orders sponsored by less-than-a-quorum are tabled, withdrawn or fail.
Indeed, as the City Council Response demonstrates, although there are very rare examples, it is hard to find an order among the hundreds offered by a quorum of the Council where there is any variance in the correlation between individual councilor sponsorship and support. In fact, a review of such orders shows that even though lack-of-sponsorship sometimes means that a Councilor has just missed the deadline to sign on, this lack-of-sponsorship has a strong correlation to opposition.
For example, Order O-10 at the Sept 10, 2012 meeting is used as support for the Council's argument. The order was sponsored by all 9 Councilors, but only 6 voted in the affirmative, no other votes were recorded. Since there was no roll call vote, it is impossible to tell if the remaining three votes were against or merely not expressed.
Of the 23 other orders that meeting which contained a quorum of the Council as sponsors and did record a vote at that 9/10/2012 meeting, all 23 follow an exact correlation between sponsorship-support and lack-of-sponsorship-opposition in the recorded votes.
The Council's response states that sponsorship only means that a Councilor is supportive of the Order being placed on the agenda. I think there is ample evidence that there is a strong correlation between sponsorship and the Councilor's vote. Indeed, it is hard for me to understand any other reason for sponsorship of an order since any individual Councilor (without the consent of any other Councilor) may simply ask that an order be placed on the agenda for consideration.
Finally, I agree that strictly procedural materials are exempt from the prohibition of correspondence between Councilors. Indeed, a simple statement of the order in question would not seem to violate the OML. But the order in question (City Council Response Exhibit E, attached) follows an argumentative form of reasoning and conclusions. This seems like deliberation to me. That alone would appear to violate the OML. The statement of reasons to support an affirmative vote and inclusion of a desire to sponsor, I would argue, means an issue within the jurisdiction of the City Council was discussed and decided outside of a public meeting.
"2. The Supplemental Complaint fails because a quorum of the Government Operations and Rules Committee did not craft Policy Order O-6."
I agree. The issue raised in my Dec 10, 2012 "supplemental complaint" is resolved to my satisfaction. This "supplemental complaint" was based on information from the City Council Rules as adopted on 1/2/2012, and the City Council Website listing of the membership of the City Council's Government Operations and Rules Committee, which were in error. I thank the Council and the City Clerk for including it in their response at my request.
"3. Even if the practices complained of were violations of the Open Meeting Law, the Councilors' adoption of Policy Order O-6 should stand because the issue was fully heard and debated at the public meeting on Dec 3."
I believe the City Council violated the Open Meeting Law prior to their Dec 3, 2012 meeting and the vote to appoint a new City Manager. Even so, their response presents ample evidence that this violation was unintentional and not specific to the City Manager vote. Indeed, it appears the procedure which resulted in my complaint has been in place for many years.
I also believe the Council and the City Clerk's office tried to craft a procedure for drafting policy orders without running afoul of the OML. The Council and the City Clerk's office have also tried to publicize this process by making its conclusion available to the public via the Internet prior to the meeting.
The problem is that I still do not feel this procedure is either legal or an adequate substitute for actual public deliberation at a duly called public meeting.
I originally asked for a revote of Policy Order O-10 of the Dec 3, 2012 meeting because of my concern for the validity of the Order. I also thought it would be a simple and effective way of the City Council acknowledging a violation had occurred.
The City Council Response states that the Courts have declared that legal deliberative action subsequent to illegal OML violations "cure" the violation. That makes sense to me, but it is a poor cure if it becomes the rationalization for continuing with procedures that violate the OML.
If the Attorney General's Office agrees with my complaint, I am open to remedies other than a re-vote or fines for the violation (and then, many violations in the past). I do not believe a re-vote will change the results of the original order and as a Cambridge taxpayer, I have no interest in my money being used for anything but a symbolic fine.
I would still ask that the Cambridge City Council acknowledge their procedure is a violation. I would also ask that they consult with your office on how to improve their procedure and change it to avoid the violation in the future.
Thank You,
Tom Stohlman
19 Channing Street
Cambridge, MA 02138
617-547-5246
tstohlman@alum.mit.educc: Cambridge City Council, Cambridge City Clerk
5. A communication was received from Elizabeth Warren transmitting thanks for the kind note of congratulations and resolution.
RESOLUTIONS
1. Resolution on the death of Francis A. Wright Sr. Councillor Maher
2. Resolution on the death of Menica "Rita" (Gatta) Robbio. Councillor Maher
3. Resolution on the death of Elizabeth M. (Pilgrim) Clarke. Councillor Reeves
4. Resolution on the death of Thomas W. McGee. Councillor Decker, Councillor Toomey
5. Resolution on the death of Sheila E. Flynn. Councillor Maher
6. Resolution on the death of Anna M. (Mazzeo) Denaro. Councillor Maher
7. Resolution on the death of Elizabeth A. (Cotone) Santoro George. Councillor Maher
8. Resolution on the death of Winifred A. "Winnie" (Lombardi) Pearson. Councillor Toomey, Councillor Maher
9. Resolution on the death of Clotilde Correia Viana. Councillor Toomey
10. Resolution on the death of Frank J. "Uncle Frank" Mehringer. Councillor Maher
11. Retirement of Laurence Maguire from the Inspectional Services Department. Mayor Davis
12. Best wishes to Margery Eagan and Jim Braude on their future endeavors. Vice Mayor Simmons
13. Congratulations to Bob Moses on the occasion of his 78th birthday and The Young People's Project for their work in the community. Mayor Davis
14. Speedy recovery wishes to Jackie Tynes. Vice Mayor Simmons, Mayor Davis
15. Resolution on the death of Karen Klinger. Councillor Cheung
16. Condolences to School Committee Member Patty Nolan on the death of her mother. Mayor Davis
17. Resolution on the death of Joanne (Vellucci) Castriotta. Councillor Toomey, Councillor Maher
18. Resolution on the death of Katherine A. (Peeler) Fitzpatrick. Councillor Toomey
19. Resolution on the death of John Young. Councillor Toomey
20. Resolution on the death of Eileen M. (O'Rourke) DeVito. Councillor Toomey, Councillor Maher
21. Welcome Puritan and Company to Inman Square in Cambridge. Councillor vanBeuzekom
22. Resolution on the death of Burman N. Barnett. Mayor Davis, Vice Mayor Simmons, Councillor Reeves
23. Congratulations and thanks to Joyce Mathon Trotman on her retirement as Executive Director of the Hildebrand Family Self-Help Center. Mayor Davis
24. Speedy recovery wishes to Timothy J. Toomey, Sr. Councillor Maher
25. Resolution on the death of Doris M. (Kenney, Williams) McSweeney. Councillor Maher
26. Resolution on the death of Joseph G. Borelli. Councillor Maher
27. Resolution on the death of John L. Danehy. Councillor Maher
28. Resolution on the death of Dominic G. Lamantea. Councillor Maher
29. Resolution on the death of Margaret "Peggy" Barr. Councillor Maher
30. Welcome wishes to Dr. Kellie Carter Jackson, Keynote Speaker at the Martin Luther King observance ceremony at the Central Square Public Library. Vice Mayor Simmons
31. Retirement of Alan F. Johnson from the Cambridge Fire Department. Councillor Decker
ORDERS
1. That the City Manager is requested to work with the appropriate city staff to provide a report to the City Council explaining the SOV target rate that has been established for the City of Cambridge; data that explains how the City of Cambridge is doing in relation to meeting its SOV target rate; and future plans to reduce the actual SOV rate including barriers to achieving as low a rate as is possible. Councillor vanBeuzekom
2. That the City Manager is requested to work with the appropriate city staff to provide a report on the first phase of the City of Cambridge Hubway Bike-Share program. Councillor vanBeuzekom
3. That the City Manager is requested to work with The MIT/Wellesley Upward Bound Program and the Cambridge Public School Department and/or other city agencies to ensure funding for this program. Councillor Reeves
4. That the City Council go on record strongly urging the City Manager to fill consider filling one of the two vacancies on the Planning Board with people a person who have has a background in, or association with, the skilled labor and building trades. Vice Mayor Simmons and Councillor Cheung
Adopted as Amended 6-2-1 (Davis, Kelley - NO, unknown who did not vote) (Councillors Decker, Maher, Reeves, Toomey and vanBeuzekom added as co-sponsors - and presumably those union checks will now flow to their respective campaign accounts.)
COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor Leland Cheung, Chair of the Neighborhood and Long Term Planning Committee, for a public hearing held on Dec 12, 2012 to receive an update on the long-term vision for Kendall Square.
2. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Government Operations and Rules Committee, for a public meeting held on Dec 19, 2012 to introduce Attorney Elizabeth Valerio, who will represent the City Council, in negotiations with the next City Manager, Richard Rossi.
3. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office, transmitting a report from Councillor Leland Cheung, Chair of the Cable TV Telecommunications and Public Utilities Committee for a public meeting held on Dec 11, 2012 to discuss the impacts of mobile internet technology on On-Demand Transportation Infrastructure.
MISCELLANEOUS
1. Transmitting communication from Robert W. Healy, City Manager relative to the Half Crown-Marsh NCD Five-Year Status Report.
2. Transmitting communication from Robert W. Healy, City Manager, relative to the City of Cambridge Comprehensive Annual Financial Report for July 1, 2011 - June 30, 2012.
HEARING SCHEDULE
Mon, Jan 7
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Jan 9
10:00am The Community Health Committee will conduct a public meeting to discuss limiting the size of soda and sugar-sweetened beverages sold. (Sullivan Chamber)
4:00pm The Ordinance Committee will conduct a public hearing on a City Council Zoning Petition, to amend the Zoning Ordinance of the City of Cambridge by amending the Section 13.59.33 Building and Site Design Requirements for Active Uses and Open Spaces by deleting condition numbered (5) In order to promote pedestrian activity on adjacent public streets from tenants and employees within commercial buildings, any cafeteria serving such commercial space may be located only on the ground floor level of a building and must be opened to the public at least 20 hours per week. This hearing to be televised. (Sullivan Chamber)
Thurs, Jan 10
2:00pm The Public Facilities, Arts and Celebrations Committee will conduct a public meeting to discuss future of public use of Cambridge Common for celebrations. (Sullivan Chamber)
Mon, Jan 14
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Jan 16
5:30pm The Public Safety Committee will conduct a public meeting to discuss the home improvement program and safety concerns of alleged sub-standard work. (Sullivan Chamber)
Thurs, Jan 17
8:30am The Human Services Committee will conduct a public meeting to discuss internships and apprentice programs and a long-range plan for the programs. (Sullivan Chamber)
4:30pm The Ordinance Committee will conduct a public hearing on a zoning petition filed by Zevart M. Hollisian, Trustee of Garabed B. Hollisian Trust and L-Z Realty Trust and Seth D. Alexander, President, MIT Investment Management Company to amend the Zoning Ordinance and Map by extending the Cambridgeport Revitalization Development District from Green Street out to Massachusetts Avenue in the area adjacent to Blanche Street; said petition includes a map and a commitment letter. This hearing to be televised. (Sullivan Chamber)
Wed, Jan 23
5:30pm The Public Safety Committee will conduct a public meeting to continue discussion on security cameras in the city. (Sullivan Chamber)
Thurs, Jan 24
4:30pm The Ordinance Committee will conduct a public hearing on a zoning petition by the Massachusetts Institute of Technology, to amend the Zoning Ordinance and Map by creating a new Section 13.80 - Planned Unit Development 5 (PUD-5) District, which would include parcels totaling approximately 26-acres in the area north of Memorial Drive, east of Ames Street and south of Main Street and Broadway, and would also include a parcel at One Broadway. The new Section 13.80 PUD-5 is intended to allow mixed use developments with increased development densities and heights. This hearing to be televised. (Sullivan Chamber)
Mon, Jan 28
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 4
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Feb 6
4:30pm The Ordinance Committee will conduct a public hearing on a zoning petition by the City Council to amend the Zoning Ordinance by creating a new Section 11.700-Interim Regulations for Medical Marijuana Uses. This hearing to be televised. (Sullivan Chamber)
Mon, Feb 11
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 25
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 4
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 11
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 18
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 1
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 8
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 22
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 29
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 6
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 13
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 20
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 3
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 10
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 17
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 24
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 Jan 7, 2013
COUNCILLOR VANBEUZEKOM
WHEREAS: The Parking and Transportation Demand Management Ordinance (PTDM); is a national model for improving mobility and access, reducing congestion and air pollution, and increasing safety by promoting walking, bicycling, public transit, and other sustainable modes and reducing Single Occupancy Vehicle (SOV) trips within Cambridge; and
WHEREAS: The City of Cambridge is the third largest employer within the city with nearly 3,000 employees; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the appropriate city staff to provide a report to the City Council explaining the SOV target rate that has been established for the City of Cambridge; data that explains how the City of Cambridge is doing in relation to meeting its SOV target rate; and future plans to reduce the actual SOV rate including barriers to achieving as low a rate as is possible.
O-2 Jan 7, 2013
COUNCILLOR VANBEUZEKOM
WHEREAS: The Hubway Bike-Share program has successfully provided both transportation and recreation within the city of Cambridge for the latter half of 2012; and
WHEREAS: Hubway Bike-Share statistical data will provide insight for continued improvements for this new regional system; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the appropriate city staff to provide a report on the first phase of the City of Cambridge Hubway Bike-Share program, and then report back to the City Council; and be it further
ORDERED: That the report includes the following data:
The number of Cambridge resident Hubway Bike-Share memberships.
The number of one-way rides within the City of Cambridge each month.
The revenue generated to the city by the Hubway Bike-Share program.
The number of corporations within the City of Cambridge that participate in the program.
The number of City of Cambridge employees that are taking advantage of the city-sponsored membership in the program.
A review of how well the original placement of the Hubway Bike-Share locations fared -- with an analysis of rides generated per station.
An explanation of when and how new Hubway Bike-Share locations will be established in the City of Cambridge.
Suggestions for new Hubway Bike-Share locations in Cambridge in the next phase of the project.
An explanation as to how various Public Service Announcements (PSAs) located at the City of Cambridge Hubway Bike-Share locations will be selected and displayed over time.
Any other local data deemed relevant.
O-3 Jan 7, 2013
COUNCILLOR REEVES
WHEREAS: The Harlem Children's Zone has had a great deal of success with their Office for College Success which exists to mentor and guide recent graduates for four years until the student graduates from college; and
WHEREAS: Many Cambridge Rindge and Latin graduates who enroll in college, especially two year colleges drop out or lose interest. In addition, there are a number of students who say they are going to college but never actually enroll; and
WHEREAS: THE MIT/Wellesley Upward Bound Program which has been successful in guaranteeing acceptance of their graduates into college is in dire need of funding which expires at the end of this month; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with The MIT/Wellesley Upward Bound Program and the Cambridge Public School Department and/or other city agencies to ensure funding for this program. In addition, the City Manager should work with the School Department, Department of Human Services or any other agency deemed necessary to create an Office for College Success to ensure that CRLS graduates are guided and mentored through a four year college program or until they graduate.
O-4 Jan 7, 2013
VICE MAYOR SIMMONS
COUNCILLOR CHEUNG
WHEREAS: Cambridge has long been a city that stands shoulder to shoulder with its working men and women, and our community has long benefited from the experience, the professionalism, and the dedication of our builders, laborers, and trades people; and
WHEREAS: It has come to the City Council's attention that there are currently two vacancies on the City's Planning Board, and it seems prudent to have someone with intimate knowledge of labor issues and concerns sitting on this board; now therefore be it
RESOLVED: That the City Council go on record strongly urging the City Manager to fill these vacancies with people consider filling one of these vacancies with a person who have has a background in, or association with, the skilled labor and building trades; and be it further
RESOLVED: This will ensure that this important voice is able to more directly weigh in on important construction projects at their earliest stages, and the whole of Cambridge will ultimately be the beneficiary.
TEXT OF COMMITTEE REPORTS
Committee Report #1
The Neighborhood and Long Term Planning Committee held a public meeting Wed, Dec 12, 2012 at 4:11pm in the Sullivan Chamber.
The purpose of the meeting was to receive an update on the long-term vision for Kendall Square.
Present at the meeting were Councillor Leland Cheung, Chair of the Committee; Mayor Henrietta Davis; Councillor Craig Kelley; Councillor Minka vanBeuzekom; Richard Rossi, Deputy City Manager; Brian Murphy, Assistant City Manager for Community Development Department (CDD); Stuart Dash, Director of Community Planning, CDD; Roger Boothe, Director of Urban Design, CDD; Pardis Saffari, Associate Planner, Economic Division, CDD; Jeff Roberts, Neighborhood Planner, CDD; Charles Sullivan, Executive Director of the Historical Commission; Jason Alves; Megan Montgomery; Matthew Nelson, Chief of Staff to Mayor Davis; and Interim City Clerk Donna P. Lopez.
Also present at the meeting were Sarah Gallop, Co-Director, Office of Government and Community Relations, MIT; Steven Marsh, Managing Director, Real Estate, MITIMCo; Michael Owu, Director, Real Estate, MITIMCo; Maureen McCaffrey, Director, MITIMCo; Kelley Brown, Senior Campus Planner, MIT; Bob Simha. Executive Manager, University Residential Communities (URC); Cambridge Redevelopment Authority board members Barry Zevin, Kathy Born, Conrad Crawford and D. Margaret Drury; Jesse Baerkhan and Bob Flack, Twining Properties; Brian Spatocco, Student, MIT; and Gary Dmytryk.
Councillor Cheung opened the meeting and stated the purpose. The purpose was to review and integrate the long-term plans for Kendall Square. He wanted to hear about the MIT, K2 and CRA's plans for the area. He began with the Community Development Department.
Brian Murphy, Assistant City Manager for Community Development began by stating that this is an exciting time to shape Kendall Square. The work of K2 Committee is done. Now we have to figure out how to integrate it and the plan for the transition zone and have Central Square be an active area. The K2 work looked at what is working well and what is needed for the future. Many K2 committee members were in attendance and Mr. Murphy thanked them for their work. He acknowledged the input of people who were not on the K2 committee. Infrastructure, public spaces, transportation, East Cambridge Planning Team recommendations were some of the issues reviewed. The Central Square Advisory Committee recommendations are now before the Planning Board. Zoning proposals will be submitted in the spring.
Roger Boothe, Director of Urban Design, CDD, distributed a document entitled KENDALL SQUARE PLAN - ZONING RECOMMENDATIONS AREA WIDE (ATTACHMENT A). People wanted Kendall Square to be a lively place. He outlined the themes innovative culture, to create great places, promote environmental sustainability and to mix living, working and playing. On the colored diagram the white buildings are existing buildings, the yellow and blue are new buildings. The Volpe site proposal configuration may change. There is hope that there will be open space on the Volpe site. An East Cambridge Open Space Committee is being established and there will be collaboration between CDD, the CRA and the East Cambridge Open Space Committee. Housing is planned for Kendall Square on Third Street. MIT is looking to build on land that is 5 million square feet. The PUD-KS1 is CRA property; the new CRA board is active and housing in the urban renewal area is welcomed. PUD-KS2 is the Volpe site with a requirement of 7 acres of open space. The committee wants this in the zoning proposal. PUD-KS3 at Broad Canal is the Twining Project. The PUD-KS4 is the MIT area. The Area-Wide Zoning Requirements includes active ground floors; middle-income housing, innovation office space, community investment/Kendall Square Fund, sustainability and parking and loading. If there are not active ground floors, we have failed. Active ground floors are required along Main Street, Broadway, Ames Street, Third Street and non-residential frontage along Broad Canal Way. He spoke about retail exemptions. Retail needs to be given a break and a boost. The retail exemption criterion is listed. Housing is critical to Kendall Square. Minimum housing requirements are included. Councillor Cheung asked how middle income housing is required. Mr. Murphy stated that if you choose to go above 250 feet you must provide housing. Housing is based on the difference between 300 and 250 square feet then middle-income housing is required. Councillor Cheung inquired how you protect the middle-income housing. Mr. Murphy stated that if it is discovered that an affordable housing unit that is rented out and that the owner is not living in the unit the city can require that the unit be sold back to city. There are also penalties. Mayor Davis stated that the Silver Ribbon Committee Report contains recommendations for co-housing. The first or second floors of the development should be for senior housing. Would this proposal allow for this? Mr. Booth stated that this is not just about zoning; it is how the project is planned. Mr. Murphy added that the push for housing at Kendall Square was to eliminate the feeling that the sidewalks are rolled up in the evening. Mayor Davis stated that demand for senior housing is increasing and Kendall Square with ground floor retail may create a community feeling within a larger building. She wanted zoning to create incentive for this type of housing. Councillor Cheung supported long-term housing for seniors and he also favored first floor units for seniors. Seniors are looking to down-size and Kendall Square may be the place that this may be able to happen.
Councillor vanBeuzekom asked about middle-income housing. She asked if additional height is enough to create incentive for housing. Can Affordable Housing Trust money be used? Mr. Murphy stated that there is an incentive from the general consensus of the committee. No other cities have this type of housing. The Affordable Housing Trust would not do this.
Mr. Dash spoke about start up innovation space. MIT innovation space is successful. A requirement was created to keep the innovation space. There is a requirement that 5% of non-residential GFA be affordable startup innovation space. Mr. Marsh stated that MIT began its innovation space in 1999. Since then the model has evolved. It includes shared spaces and small companies. It has been a great success and it is viewed as a model. Councillor Cheung asked why 5% was chosen. Mr. Murphy stated that it was a balancing act. Housing, innovation, open space there was a pushed for it all. Mr. Dash added that this is a bare minimum of GFA for innovation space. The standard guidelines for the innovation space were outlined. Councillor vanBeuzekom asked what governs the requirement for innovation space in new and existing buildings. The approval of the Planning Board is required. She stated that more value is created with higher density. The Kendall Square Fund of $10.00 per square foot is a payment on all non-residential GFA in a PUD. Three elements for community investments identified were public open space, enhanced transit connections and workforce readiness training for Cambridge residents. The enhanced transit piece would be overseen by city. The PTDM requirements would still be required stated Mr. Murphy. This fund could be used for system wide improvements. With increased housing there is an increased need for transportation. Councillor vanBeuzekom asked about public toilet facilities. Mr. Murphy stated that the issue of toilets did not come up in the committee. Councillor vanBeuzekom asked with this much development who pays for the underground infrastructure. This conversation will continue with the developer and the city engineer stated Mr. Murphy.
Mr. Boothe stated that on the Sustainability page the goals are on the left side. The committee wants the project to be as green as possible. On parking and loading the committee was keen on having as little parking as possible. Shared parking was clearly a way to prevent building too much parking. Councillor Kelley stated that as far as traffic impacts go it does not make a difference if it is an electric car or a bike. How can developers be denied parking stickers. There is a myth that people will not bring cars; but there is no data to support this. Parking and loading cannot be discussed in great detail.
Mr. Boothe stated that regarding historic preservation there are not many historic buildings in Kendall Square. MIT has three buildings on Massachusetts Avenue. These buildings are being discussed on how to save them. The Historic Commission will look at the Massachusetts Avenue buildings.
Councillor Cheung stated that he was very impressed with the outcome. He asked how the maximum height of 300 feet was derived. Mr. Boothe explained that the MIT dormitory is slender and has a small foot print. He is wary about letting height go too high in this area. We do not want to have too many tall buildings so that you do not feel like you are in Cambridge. We are talking about exceptions. Taller buildings are taken into account in the whole system by the Planning Board. Goody Clancy looked at the heights; the sites are comfortable and will be denser.
Councillor Cheung asked Ms. Gallop, Co-Director of Community Relations, MIT, to talk about what is happening at MIT. Ms. Gallop stated that MIT filed a zoning petition in April 2012 and the petition expired. The City Council asked for an urban planning analysis for Kendall Square. MIT has been involved in C2K2 process. MIT has benefited from the process. K2 worked well because all sectors were represented. The proposed new zoning proposal encompassed the dialog from the K2 process. MIT facility members raised questions - a facility task force was formed to address the questions which include multi-concentrations. Three recommendations came from the MIT Task Force. The first recommendation was that MIT should re-file the zoning petition; housing needs should be examined. A study will take place in 12-18 months. The Gateway node connection should be excellent for the whole eco-system of Kendall Square and it should be examined. MIT agreed on the course to proceed with the zoning and a conceptual design process will be engaged for the gateway node. The Historical Commission granted the Historical Designation Extension.
Steve Marsh, Managing Director, Real Estate, MITIMCo, stated that the K2 process was an eye-opener for MIT. The original focus by MIT was on Main Street, but the focus became broader. Areas such as the Broad Canal were looked at. MIT is proud of its innovation space. The model has evolved and will continue to evolve. This model may capture how work will be done in the future. MIT is proud of being a leader in sustainability. Councillor Cheung asked if the PUD for Kendall Square applies to MIT. Mr. Boothe replied that there will be more specifics under the community-wide requirements.
At this time Councillor Cheung asked for the input of the Cambridge Redevelopment Authority. Kathy Born, Chair of the CRA board stated that the CRA is able to focus its attention on the K2 report. The CRA is interested in both sides of Main Street. The future meetings of the CRA will focus on this area. The CRA is in a transitional phase. New executive leadership is needed. The CRA has been provided help from the city with the work of Susan Glazer. Ms. Born asked if in the future there will be drafted several amendments or is this one amendment. How will this process work, she asked. Mr. Murphy stated that the Planning Board will first take up the MIT property. There will be some pieces that will be overarching. All of the PUD district will be done in sequence. Ms. Born asked if the area exclusive of MIT will have its own amendment and process. Mr. Boothe responded in the affirmative. The CRA MXD housing is critical for this area. There is an interest in PUDKS3 rezoning for infill. The overall vision will be for the community and the individual pieces to be reviewed. Ms. Born asked if the MXD will be early in the process. Mr. Boothe stated that depends on the CRA board. Ms. Born commented that the CRA board is concerned about the housing. It is important to have the middle-income proposal on the table at that time. Mr. Crawford spoke about work on open space; he will be looking toward getting data. The Third Street parking is also an interest. Amenities are important. Hubway was installed near the transit station. Mr. Murphy commented that this CRA board has been fantastic. There are opportunities for the CRA and city to work together to leverage the assets. The most cutting edge of work happening in Kendall Square is happening in the poorest areas. Mr. Crawford spoke about climate change. He stated that the Charles River is a risk to the property and its vulnerability in the area. Deputy City Manager Rossi stated that the Technology Committee meets on Dec 18, 2012. The reports from all major institutes will establish the vulnerability study. These assets will be consolidated. Ms. Drury, CRA board member stated that as zoning is being developed has any thought been given to signage. Kendall Square is exempt from the Sign Ordinance; but there should be a set of criteria for this area. Mr. Boothe stated that there was a proposal. There have been variances for Kendall Square. The Planning Board cares about the signage at the ground floor level. This is part of the project review that comes to the Planning Board. Mr. Zevin, CRA board member, stated that open space needs to be planned at the front.
Brian Spatocco spoke about the MIT housing site. He asked how does the housing studies feed back into this process about the MIT housing needs. Ms. Gallop stated that MIT does not know what the process will look like beyond the housing study. Mr. Boothe stated that from the city prospective, the zoning allows for as much housing as you want. There will be a push for housing. There will a lot of housing.
A spokesperson for Alexandria spoke about how the Alexandria property fits into Kendall Square. There will be 307,000 square feet of land to be built with a 2.2 acre park. The park will be transferred to the city in 60 days. The closing is being arranged. The residential development is being planned which will have mixed and low income. There may be a tenant for two of their buildings; time will tell. If there is an adequate supply of commercial and housing it will be good for the market place. Councillor Cheung commented that Mayor Davis wanted senior housing; he wanted micro-lofts and graduate housing.
Bob Simha observed that in the K2 process required City Council consideration. Housing for MIT graduate students, facility and staff for was not raised. The ECPT urged MIT to increase the number of housing units proposed. He stated that the needs should be academic needs over and above the financial concerns. All this development is occurring because of the academic interest. He urged that academic needs be the primary focus.
Councillor Cheung requested Jesse Baerkhan to discuss the trends in retail. Mr. Baerkhan stated that better and more retail is needed. Retail has increased in Kendall Square in the last 5 years. In terms of future retail anything the city can do to incentivize and activate the ground floor would be good. Retail is moving rapidly. He would like to see the City encourage ground floor retail. Kendall Square has the potential of being one of the more interesting retail areas. For the health of the neighborhood the focus should be on the core streets. Retail is changing and building flexibility of the foot print for retail should include the change. Mr. Boothe stated that it is a fine balance on the flexibility for the retail to make it work. Councillor Cheung stated that he would like to see a limit placed on the number of banks on the front of Massachusetts Avenue.
Councillor vanBeuzekom asked if fast tracking incentivizing was discussed. Mr. Dash stated that it was not discussed. The Planning Board has a good track record for moving things forward. Councillor vanBeuzekom stated that a map of the plans for the Alexandria properties would be a good thing.
Councillor Cheung asked Mr. Sullivan about the historical sites in Kendall Square. Mr. Sullivan stated that the buildings in yellow in Attachment A are 50 years old and there are some that can be designated historical landmarks. The red building was built in 1870 and is associated with the Broad Canal - it is a protected landmark. There are three other landmark buildings representing the 20th century. Manufacturing jobs were created before the universities arrived. The position of the Historical Commission is that they are important to the character of the city. They remind us of the past. There is environmental enrichment when older buildings are incorporated into the design. The Historical Commission is in conversation with MIT as to how to incorporate these buildings into the fabric of the city.
Councillor Cheung opened the meeting to public comment. No one appeared.
Councillor Cheung asked if public can comment on the zoning proposals. Mr. Boothe responded in the affirmative; there will be many hearings. Some of the details will be redefined.
Councillor Cheung thanked those present for their attendance.
The meeting adjourned at 5:55pm.
For the Committee,
Councillor Leland Cheung, Chair
Committee Report #2
The Government Operations and Rules Committee, a committee of the whole on the subject of the selection of a City Manager, held a public meeting on Wed, Dec 19, 2012 beginning at 4:42pm in the Sullivan Chamber.
The purpose of the meeting was to introduce Attorney Elizabeth Valerio, who will represent the City Council, in negotiations with the next City Manager, Richard Rossi.
Present at the meeting were Councillor David P. Maher, Chair of the Committee; Councillor Kelley; Councillor Cheung; Vice Mayor Simmons; Councillor vanBeuzekom; Mayor Davis; Councillor Toomey; Councillor Reeves; Councillor Decker; Sandra Albano, Executive Assistant to the City Council; and Interim City Clerk Donna P. Lopez.
Also present were Attorney Elizabeth Valerio and Richard Rossi, Deputy City Manager.
Councillor Maher convened the meeting and explained the purpose. He stated that the meeting is being televised. He stated that he wanted to introduce Attorney Elizabeth Valerio to the City Council. He first met Attorney Valerio when she was selected to represent the School Committee in their negotiations with the Superintendent of Schools. He stated that Mr. Rossi had informed him that he will be represented by Attorney Demitrios M. Moschos. Attorney Valerio stated that she would work with the City Council and Attorney Moschos.
At this time Mayor Davis made a motion to move to executive session to discuss a strategy for contract negotiations with the next city manager, Richard Rossi. Councillor Maher stated that the City Council will not reconvene in open session. The question now came on the motion to move to Executive session and the roll was called and resulted as follows:
YEAS: Councillors Cheung, Kelley, Maher and Reeves, Vice Mayor Simmons, Councillors Toomey and Councillor vanBeuzekom and Mayor Davis. - 8
NAYS: None - 0
ABSENT: Councillor Decker. - 1
and the motion to move to Executive session - Carried.
At 6:08pm Councillor Cheung made a motion to adjourn and the roll was called and resulted as follows:
YEAS: Councillors Cheung, Kelley, Maher, Reeves and Toomey - 5
NAYS: Councillor vanBeuzekom - 1
ABSENT: Councillor Decker, Vice Mayor Simmons and Mayor Davis - 3
and the motion to adjourn - Carried.
For the Committee,
Councillor David P. Maher, Chair
Committee Report #3
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on Dec 11, 2012 beginning at 4:08pm in the Sullivan Chamber.
The purpose of the meeting was to discuss the impacts of mobile internet technology on On-Demand Transportation Infrastructure.
Present at the meeting were Councillor Leland Cheung, Chair of the Committee; Councillor Craig Kelley; Councillor Minka vanBeuzekom; Richard Rossi, Deputy City Manager; Robert Haas, Police Commissioner; Gerard Mahoney, Deputy Fire Chief; Elizabeth Lashway, Law Department; Nancy Glowa, City Solicitor; Elizabeth Lint, Executive Director, License Commission; Corey Pilz, Consumer Information Specialist, License Commission/Consumer' Council; Mike Gardner, Chair, License Commission; Megan Montgomery; Jason Alves; Matt Nelson, Chief of Staff, Mayor's Office; and Paula Crane, Administrative Assistant, City Clerk's Office.
Also present were Hassan Rashad and Michael Pao, General Manager, Uber.
Councillor Cheung convened the meeting and explained the purpose.
Councillor Cheung stated that he has had conversations with Mr. Rossi regarding the opportunities and challenges in the regulation of On-Demand For-Hire transportation services in the City's current transportation network. He stated his concerns regarding public safety and questioned how current regulations affect mobile innovation in this area. He spoke of the importance of adapting to new technology and noted that this issue has been discussed within the City Council. He affirmed that it was not the intent of this meeting to discuss specific legal action that the City may be involved in.
Regarding the regulations of the taxicab industry, Corey Pilz stated that new rules have just been passed by the Board of License Commissioners for taxicab dispatch associations. He stated that there were three reasons for the change in regulations: to put all dispatch companies on an equal playing field regardless of means of dispatch, to implement consumer protection measures and to continue to provide the License Commission with more information regarding the industry in order to ensure adequate regulation is occurring. In terms of livery service, Mr. Pilz stated regulations are currently being worked on to bring them current, as well. Mr. Pilz stated that hackney and livery services are two very different transportation niches where livery service is utilized by pre-arrangement and a taxicab is a more immediate type of service.
Councillor Cheung questioned how City Council policy interacts with that of the License Commission. Mr. Pilz stated that city ordinance allows the Board of License Commissioners to promulgate regulations based on the scope of such policy.
Councillor Cheung asked what the benefit is for the License Commission having more information and the intention of the changes. Mr. Pilz stated that when dispatch companies submit an application for renewal, they need to provide an annual report with general information so that the License Commission can have a clear view of how the company is operating. He stated the main purpose for such information is to help the License Commission understand how the business is impacting the industry to ensure there is an adequate level of regulation that is not unfairly impacting a business or causing a gap in areas where the License Commission would be especially concerned, such as public safety. Mr. Pilz stated some examples of information now required by the new regulations includes how many rides are being dispatched, fare refusal information, the number consumer complaints received directly by a company and the resolution of said complaints. Mr. Pilz cited one example of how one of the most common complaints the License Commission is receiving is a fare refusal due to the presence of a service animal. If this information is presented to the License Commission, they are more equipped from a policy standpoint to develop a means to ensure this no longer occurs.
Councillor Cheung asked Mr. Pilz to clarify what he meant regarding equal playing field as it relates to dispatch associations. Mr. Pilz responded that the goal of the new regulations was to adopt a broad definition of a dispatch association so that there would be no grey areas in terms of which business was subject to regulations and which was not. Therefore, a radio taxicab dispatch company and a mobile application that dispatches taxicabs would be equally subject to the same set of regulations.
Councillor Cheung asked if livery service is allowed to refuse service to a customer. Mr. Pilz that since livery service is based on pre-arrangement, it is much less likely to occur as compared to a taxicab.
Councillor Chueng then asked Michael Pao, General Manager, Uber, to give an overview of innovations that are currently going on in the market. Mr. Pao told of his first experience with Uber and explained that Uber is a mobile application that is downloaded onto a smart phone. After the initial download, this application informs the user of the location of the nearest cars that are available. The user receives the time that it will take the driver to arrive, and will show the name, driver rating and photo of the driver to the user. At end of ride the user will receive a receipt with the ability to provide feedback on the experience. He stated that Uber is currently being used in twenty-three cities and that the mobile innovations in the industry are quickly advancing.
Mr. Pao then gave a brief demonstration of the Uber application. He stated that smart phones pre-determine the vicinity of the user's current location. A map is then shown with the user's current location. If the user chooses to request a ride from a car that is close, the address will go through servers and select the car. If the driver then chooses to pick up the fare, they pair up via the application and the driver will proceed to the location. Mr. Pao noted that photos of driver along with their cell phone number are included in the application. When speaking about the black car scenario, Mr. Pao stated that there is no meter in the car so the GPS point are collected from the phone and GPS coordinates are sent to the servers. At end of trip the user can determine how fast and far they traveled. This information is sent to the driver, the user and server and then billed to the user's credit card. He stated that a mandatory 20% gratuity is added to the fare. He stated that a portion of the fare is kept by Uber but that the driver gets the remainder and the gratuity.
Mr. Rossi then asked for clarification on the gratuity part of the Uber process. He asked what happens in the situation where the ride has been an unpleasant experience and the user does not want to give a gratuity. He questioned if a tip can be rejected. Mr. Pao stated that at the present time, no. He stated that the option of not leaving a tip will be available in the upcoming months. He then stated that Uber will not get involved with the taxi portion of the fare but that if a black car has overcharged in any way, Uber would contact both the driver and the user and necessary adjustments will be made if deemed necessary. Uber wants to ensure that people are served well. He stated that Uber reviews all issues on a daily basis.
Michael Gardner then asked what the extent of the relationship is with Uber, the livery vehicles that utilize its dispatch service, and the drivers of such vehicles. Mr. Pao stated that Uber does not own cars. He stated that they contract with independent contractors and follow the local ordinances of the municipality which regulates them. He noted that there are differences from municipality to municipality and that their contractors run their business as they see fit.
Mr. Rossi questioned the method by which a consumer would know that the assigned driver is of good standing. He questioned how the public is protected in that regard. Mr. Pao stated that Uber works with each city's ordinance. He stated that the drivers are legal in the cities in which they serve. He noted that some cities have background checks attached to chauffeur or black car livery drivers. He stated that most cities in the Commonwealth do not have such regulations and if that were to be the case, they would be willing to enforce local requirements.
Mr. Pao then gave a brief summary of the necessary steps that a driver needs to do in order to work with Uber. He stated that a driver will meet/interview with Uber and then Uber will monitor the first few trips. He noted that there is a rating system on for both the client and the driver where they are asked to rate each other. He stated that Uber can quickly ascertain the quality of the experience. He stated that as a driver, there are times when a client is not pleasant to deal with and in that case, Uber can make the choice to say that this client should probably not use the Uber system. He noted that Uber receives both qualitative and quantitative data and if there is a problem, Uber will sit down with a partner to try to solve any issues.
Corey Pilz inquired of Mr. Pao what type of data protection is in place for consumers when paying via a credit card. Mr. Pao stated that Uber does not store credit card information on their servers. He stated that Uber works with a third-party vendor to do this. After a fare is complete, Uber contacts the vendor who then charges the credit card for services rendered. He noted that this is similar to any other service that is paid for using a credit card in that the vendor is primarily responsible for security and compliance issues.
Councillor Kelley questioned if anyone has looked at Uber and its impact on the taxi/livery service. Mr. Pao stated that Uber partnered with taxi drivers in Boston in October and at this point it is too early to have those statistics. He noted that such data is currently not available.
Corey Pilz then asked about the type of livery vehicles that Uber contracts with. He questioned how many SUV vehicles are utilized compared to cars. Mr. Pao stated that it depends on the local market. For example, Boston does have many partners that have SUVs available within their fleets. He stated that there is a decent number available within the system.
Councillor Cheung stated that one theme as it relates to innovation is the underlying assumption of general public safety. He asked what are some of the public safety issues that the City needs to be cognizant of when contemplating the use of mobile technology. Commissioner Haas stated that regarding livery services, the License Commission wants to make certain that drivers areas are properly CORI checked and that vehicles are maintained and inspected. He also noted the challenge of taxicabs not wanting to accept credit cards. He noted that this is an advantage to black cars or livery service who most often will accept payment by credit card. He noted the need to be careful of livery services that are approved in order to maintain the balance in the industry. Mr. Pao stated that Uber has a pro-consumer/pro-driver angle and can work in the city. Commissioner Haas stated that there are close to 1,500 taxi drivers in the City of Cambridge with 257 medallions. He noted that there are a number of leasing arrangements as well.
Mr. Pao stated that the issue of safety is raised quite a bit. For example, if there is a lost item within the Uber service, a customer can e-mail the driver, contact the driver directly via phone, and get an item back very quickly.
Michael Gardner asked if Uber accommodates persons with disabilities. Mr. Pao stated that Uber currently has no requirements for fleets to have a certain percentage of accessible vehicles. He noted that that he has not currently seen a handicapped accessible livery car, but noted that Uber will work with all customers.
Michael Gardner then inquired about the supply of vehicles. Mr. Pao stated that if the demand hits a plateau, there is no reason to add more vehicles to the supply. He noted that the pool of drivers is expanded only when necessary to meet demand.
Michael Gardner then asked how Uber handles a short fare ride. Mr. Pao stated that black cars have a minimum fare. On taxi side there is no minimum. A user would be charged the meter fare.
Michael Gardner then asked about the size of Uber partner fleets. Mr. Pao stated that it depends on the jurisdiction. He noted that usually what happens is that someone starts out as a small partner and then grows their business and expands to multiple cars.
Gerard Mahoney asked what Uber's role is when speaking of the consumer complaint process. Mr. Pao stated that it depends on the seriousness of the complaint. Uber connects the two sides but does not play a heavy role in the follow-up process. For example, if an accident occurs, the partners are insured and Uber would simply connect the two sides and instruct the driver to file a police report. When speaking of a smaller dispute such as a price complaint, Uber will typically absorb the cost of the dispute.
Corey Pilz asked what Uber charges for use of their taxicab. Mr. Pao stated that the model in the Boston area is the meter fare plus the gratuity and taxi fee. The taxi fee in Boston is $1.00. In markets where cabs are abundant there is less value to the consumer so that model would not support a taxi fee.
Councillor vanBeuzekom asked about the relationship between a dispatcher and a driver (either taxi or livery). Elizabeth Lint stated that a taxi driver works with a dispatch service to obtain fares. Councillor vanBeuzekom asked if taxi drivers have multiple dispatchers. Ms. Lint stated that the dispatcher is an expensive service so typically a driver will work with only one dispatch service. Councillor vanBeuzekom questioned if livery services get dispatched. Ms. Lint stated that in Cambridge one would have to call a livery service directly for that service.
Councillor Chueng asked if dispatch associations are responsible for ensuring that drivers are licensed as a taxi driver in Cambridge and CORI checked. Elizabeth Lint stated a driving record and CORI check is performed by the License Commission prior to the issuance of a license. There is a responsibility placed on the medallion owner that they must hire only licensed taxicab drivers under that medallion. Corey Pilz stated that per new dispatch regulations which will go into effect in February 2013, dispatch associations will be required to maintain a list of all affiliated taxicab medallions, and subsequently, all taxicab drivers operating such medallions.
Councillor Cheung then inquired regarding credit card users. He stated that Boston has mandated that all credit cards are accepted. Corey Pilz stated that installed systems mandated by Boston are costly. He stated that if a screen goes out of service, the taxi must be taken off the road. He noted that a portion of the fare goes to the dispatcher if credit cards are accepted. He stated that the technology is costly for owners and many taxi drivers are hesitant of such technology due to the degree of technical skill that can be required to use it.
Councillor vanBeuzekom stated that every time she has taken a taxi, the driver is on a cell phone. She stated that that she believes that taxi drivers do have the capability with respect to technology. She noted that it does not involve a huge piece of equipment with a lot of processing fees.
Corey Pilz stated that he recognizes the role that technology will play in the transportation industry but stated that innovation needs to occur in a manner that is fair for all stakeholders involved.
Councillor Cheung questioned how Uber would fit into the City of Cambridge regulations. Corey Pilz stated that for their taxicab dispatch service, they would have to receive a permit from the License Commission and abide by all rules and regulations.
Michael Gardner stated that required 20% surcharge may not fit in with the City of Cambridge regulations. Mr. Pilz stated that from a consumer protection standpoint, this would also be a concern.
Councillor Cheung asked if the "surge pricing" model for livery service would be problematic within the City's current regulatory structure. Corey Pilz stated that there is nothing on the books currently regulating the price for a livery vehicle besides establishing a minimum fare price. From a consumer protection standpoint, Mr. Pilz noted he would look into whether or not it constituted price gauging in certain instances.
Councillor Cheung stated that aside from mobile technology, it seems that there is an unlevel playing field between livery and taxicabs. Corey Pilz stated that it is something that needs to be considered when drafting the regulations for both types of service.
Councillor Kelley stated that this is the tip of the iceberg and wants to feel confident when setting precedence for the future.
Councillor Cheung stated that this is the first of many conversations that need to be undertaken.
Councillor Cheung thanked all attendees for their participation.
The meeting adjourned at 5:32pm.
For the Committee,
Councillor Leland Cheung, Chair
AWAITING REPORT LIST
12-02. Report from the City Manager:
RE: report on the repair of all street lights that are not working in Cambridge.
Vice Mayor Simmons and Full Membership 01/23/12 (O-1)
12-08. Report from the City Manager:
RE: report on instituting a ban on plastic bags.
Councillor Decker, Councillor vanBeuzekom and Full Membership 01/23/12 (O-10)
12-20. Report from the City Manager:
RE: report on what steps the City will take to help the general public keep track of awaiting maintenance issues on things like park equipment, graffiti, sidewalks, etc.
Councillor Kelley, Councillor Decker, Councillor Cheung, Mayor Davis, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-4)
12-29. Report from the City Manager:
RE: report on the no left turn on the Cambridge Common and to remove the bicycle prohibition on certain streets, such as Whittemore Avenue. Referred back for additional information on 3/5/2012.
Councillor Kelley 02/13/12 (O-17)
12-40. Report from the City Manager:
RE: report on improper leases and rental of owned affordable housing units. Reconsideration filed by Councillor Toomey on 6/11/2012. Report referred back to City Manager for more information on motion of Councillor Toomey on 6/18/12.
Councillor Reeves, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor vanBeuzekom 03/19/12 (O-3)
12-51. Report from the City Manager:
RE: report on the feasibility of finding additional office space for the City Council.
Vice Mayor Simmons, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Reeves & Councillor vanBeuzekom 04/23/12 (O-5)
12-54. Report from the City Manager:
RE: report on how to establish an Community Choice Aggregation Network which will engage in electricity procurement for the entire City of Cambridge.
Councillor vanBeuzekom and Full Membership 04/23/12 (O-9)
12-64. Report from the City Manager:
RE: report on current status of the Inlet Bridge and what steps the City can take to ensure that agreements with the Commonwealth are upheld.
Councillor Toomey and Full Membership 05/21/12 (O-1)
12-65. Report from the City Manager:
RE: report on an explanation as the when the main library will be open on Sundays.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 05/21/12 (O-2)
12-71. Report from the City Manager:
RE: report on the possibility of converting the vacant lots at the corner of Watson and Brookline Streets and at 35 Cherry Street to community gardens or open space.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 06/04/12 (O-10)
12-74. Report from the City Manager:
RE: report on the feasibility of expanding the barbeque pilot program in parks throughout Cambridge.
Councillor Cheung and Full Membership 06/04/12 (O-13)
12-75. Report from the City Manager:
RE: report on the feasibility of providing a map of long term parking spots for rent on the city website.
Councillor Cheung and Full Membership 06/04/12 (O-16)
12-78. Report from the City Manager:
RE: report on expanding the number of Cambridge parks/playing fields with public toilets. Referred back to the City Manager on 6/18/12 on motion of Councillor Kelley.
Councillor vanBeuzekom and Full Membership 06/11/12 (O-5)
12-81. Report from the City Manager:
RE: report on meeting with No. Mass Avenue neighbors, businesses and neighborhood groups about whether additional alterations to the median strip would be appropriate.
Councillor Kelley and Full Membership 06/11/12 (O-9)
12-85. Report from the City Manager:
RE: report on installing security cameras in the Donnelly Field area.
Councillor Toomey and Full Membership 06/11/12 (O-14)
12-87. Report from the City Manager:
RE: report on the potential uses of the Foundry Building.
Councillor Toomey 06/04/12 (O-19)
12-90. Report from the City Manager:
RE: report on Executive Session to discuss lawsuits.
Councillor Reeves and Full Membership 07/30/12 (O-5)
12-91. Report from the City Manager:
RE: report on the installation of lower and decorative lighting along Cardinal Medeiros Avenue.
Councillor Toomey and Full Membership 07/30/12 (O-6)
12-104. Report from the City Manager:
RE: report on data requested on the Andrews Petition during an Ordinance Committee hearing last term that has not yet been received.
Councillor Cheung and Full Membership 07/30/12 (O-34)
12-105. Report from the City Manager:
RE: report on answering questions regarding the Foundry Building in order to move the community process forward.
Councillor Cheung & Councillor Toomey 07/30/12 (O-35)
12-106. Report from the City Manager:
RE: report on facilitating affordable housing opportunities for middle class families.
Councillor Toomey and Full Membership 09/10/12 (O-13)
12-107. Report from the City Manager:
RE: report on the number of Cambridge residents that are working as part of organized labor on development projects along with the percentage of minority and women members and what sort of communication takes place with the Rindge School of Technical Arts and local Unions.
Councillor Toomey and Full Membership 09/10/12 (O-14)
12-108. Report from the City Manager:
RE: report on applying and participating in the Cities of Services program.
Councillor Cheung and Full Membership 09/10/12 (O-19)
12-109. Report from the City Manager:
RE: report on what strategies other cities have used to dissuade land-banking.
Councillor Cheung and Full Membership 09/10/12 (O-21)
12-111. Report from the City Manager:
RE: report on improving pedestrian safety on Western Avenue at Kinnaird and Pleasant Streets.
Councillor vanBeuzekom and Full Membership 09/10/12 (O-24)
12-115. Report from the City Manager:
RE: report on making accommodations for voters when elevators are not working or there are other barriers at polling locations on election days. Referred back for additional information by Councillor Decker on 10/22/2012. Further report provided and referred back by Councillor Decker on 11/5/2012.
Councillor Decker, Mayor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 09/24/12 (O-6)
12-120. Report from the City Manager:
RE: report on the possibility of creating a municipal exterminator and/or contracting exterminators to help eradicate rodent problems in the City.
Councillor Toomey, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor vanBeuzekom 10/01/12 (O-3)
12-123. Report from the City Manager:
RE: report on suggestions to control the rodent population.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 10/22/12 (O-3)
12-124. Report from the City Manager:
RE: report on feasibility of finding additional secure locations for the disposal of prescription drugs.
Councillor Cheung and Full Membership 11/05/12 (O-4)
12-125. Report from the City Manager:
RE: report on feasibility of installing recycling bins adjacent to trash bins.
Councillor Cheung, Councillor vanBeuzekom and Full Membership 11/05/12 (O-5)
12-126. Report from the City Manager:
RE: report on the feasibility of ensuring all city sponsored committee hearings (such as the E-gov committee) are available online.
Councillor Cheung, Councillor vanBeuzekom and Full Membership 11/05/12 (O-6)
12-128. Report from the City Manager:
RE: report on creating a pilot program for installing mini exercise stations on major walking routes throughout the City.
Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-1)
12-129. Report from the City Manager:
RE: report on installation of additional public drinking fountains working in conjunction with the Arts Council on interesting designs.
Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-2)
12-130. Report from the City Manager:
RE: report on developing a process to promote universal design and visitability in all Cambridge Public buildings.
Mayor Davis and Full Membership 11/19/12 (O-3)
12-132. Report from the City Manager:
RE: report on incorporating permanent bathroom facilities at the Cambridge Common; conduct a study for permanent bathroom facilities in all public squares; and provide a list of all locations where portable bathroom facilities are currently used.
Councillor Kelley, Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves & Vice Mayor Simmons 11/19/12 (O-8)
12-133. Report from the City Manager:
RE: report on preparing language to amendment the Municipal code banning polystyrene-based disposable food containers.
Councillor Cheung, Mayor Davis and Full Membership 11/19/12 (O-10)
12-135. Report from the City Manager:
RE: report on preparing an ordinance regulating procedures that organizations would have to follow in the event of a concussion.
Councillor Cheung and Full Membership 11/19/12 (O-13)
12-136. Report from the City Manager:
RE: report on a plan of action to reinforce and secure restaurant bins in a way that separates food waste for composting.
Councillor Cheung and Full Membership 11/19/12 (O-14)
12-137. Report from the City Manager:
RE: report on an analysis of the entire past election of wait times and strategies for what would be necessary to reduce wait times to less than 10 minutes and on making information available on wait times at polling locations throughout the day. Referred back for more information by Councillor Decker on 12/17/2012.
Councillor Cheung, Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 11/19/12 (O-16)
12-140. Report from the City Manager:
RE: report on special permit process pursuant to MGL 40A as it relates to the impact of re-filing a zoning petition on pending special permits for special permits that have been granted.
Councillor Kelley and Full Membership 11/19/12 (O-9)
12-141. Report from the City Manager:
RE: report on improving safety concerns at the Kennedy-Longfellow School and the MLK School.
Vice Mayor Simmons and Full Membership 12/03/12 (O-1)
12-142. Report from the City Manager:
RE: report on audio and visual upgrades/equipment in the Sullivan Chamber and other meeting spaces.
Councillor Reeves and Full Membership 12/03/12 (O-7)
12-143. Report from the City Manager:
RE: report on the cause and other details of the Nov 29, 2012 power outage.
Mayor Davis and Full Membership 12/10/12 (O-4)
12-144. Report from the City Manager:
RE: report on implementing speed control measures at the intersection of Brookline and Erie Streets.
Vice Mayor Simmons and Full Membership 12/10/12 (O-6)
12-145. Report from the City Manager:
RE: report on how the city might provide a reduced rate Hubway bike-share membership to its limited income residents.
Councillor vanBeuzekom and Full Membership 12/10/12 (O-7)
12-146. Report from the City Manager: See Mgr #1
RE: report on conducting an inventory of school playgrounds for current safety issues and suitability of playground equipment for the age groups being served.
Mayor Davis and Full Membership 12/10/12 (O-10)
12-147. Report from the City Manager:
RE: report on neighborhoods that are impacted by the Alewife Sewer Separation project now being concerned with bump-outs that will reduce parking options.
Councillor Cheung and Full Membership 12/10/12 (O-11)
12-148. Report from the City Manager:
RE: report on including information that donations to the Scholarship Fund are tax-deductible in the solicitation letters.
Councillor Cheung and Full Membership 12/10/12 (O-12)
12-149. Report from the City Manager: See Mgr #2
RE: report on possibility of posting "no truck traffic" signs on Roberts Road.
Councillor Cheung and Full Membership 12/10/12 (O-14)
12-150. Report from the City Manager:
RE: report on convening a task force to look into the creation of providing permanent public restrooms at high volume locations such as public parks and squares.
Mayor Davis 12/10/12 (O-16)
12-151. Report from the City Manager:
RE: report on installing pedestrian crossing traffic cones at the intersections of Windsor, Sciarappa and Fifth Streets at Cambridge Street.
Councillor Toomey 12/10/12 (O-17)
12-152. Report from the City Manager:
RE: report on establishing a reduced small business parking rate for local business owners at city garages.
Councillor Toomey and Full Membership 12/17/12 (O-1)
12-153. Report from the City Manager:
RE: report on ways to ban tandem tractor-trailers from entering the city with a view in mind of requiring large freight vehicles of a certain size to transfer freight to a smaller vehicle before entering the city.
Councillor vanBeuzekom and Full Membership 12/17/12 (O-4)
12-154. Report from the City Manager:
RE: report on the sale of the Sullivan Courthouse including what zoning changes will be needed and reasons for Leggat McCall being chosen as the developer.
Councillor Toomey 12/17/12 (O-9)
12-155. Report from the City Manager:
RE: report on implementing safety improvements to the intersection of First and Cambridge Streets.
Councillor Toomey 12/17/12 (O-11)
12-156. Report from the City Manager:
RE: report on preparing language to create a Pathway Overlay District.
Councillor Toomey 12/17/12 (O-12)