RECONSIDERATION
1. Reconsideration filed by Councillor Decker on Order Number Twenty-one of Feb 2, 2009 requesting the City Manager to halt all work on the Department of Homeland Security camera network, to include supporting infrastructure, until the City Council and relevant City agencies have developed an appropriate regulatory framework to install and utilize this equipment.
Reconsideration prevailed 7-2-0. Order failed of adoption on a roll call vote 1-8-0.

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-133, regarding a report on homeless individuals in Central Square.

City Manager Letter

Feb 9, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Number 08-133, regarding a report on homeless individuals in Central Square, Police Commissioner Robert C. Haas as well as Assistant City Manager for Human Services Ellen Semonoff report the following:

The Senior Policy Group on Homelessness (membership roster attached) has met eight times from December 2007-January 2009, sparked by concern raised by the Central Square Business Association about the effect of apparently homeless people on local businesses. Most of the meetings were convened at CASPAR, (Cambridge and Somerville Program for Alcoholism and Drug Abuse Rehabilitation).

The group reviewed the recommendations from the 1999 working group on homelessness, public intoxication and nuisance behaviors and agreed to focus on the twenty or so homeless or street people who were regularly seen in Central Square, acknowledging at the same time that this is a city-wide concern.

The group agreed to focus on two strategies: developing a training program for area businesses on dealing with homeless clients and examining the feasibility of developing a housing intervention targeting some of our most frequent users of services. Subgroups were formed to explore these areas and to report back to the large group. In addition, Dr. Jim O’Connell from Boston Health Care for the Homeless was invited to address the Senior Policy Group on Homelessness about the intensive service model in place for this population in Boston.

A sub-group of Cambridge housing providers met several times to examine the characteristics of the target population (many of whom are mentally ill and poly/drug abusing) and to determine what kind of services would need to be in place to support this group in housing. A high need for coordination among Cambridge’s existing services would be critical, and a model for an interagency service team was developed, to be chaired by the Cambridge Police Department. Questions of patient confidentiality were raised and discussed in relation to health care providers.

This group estimated that a preliminary budget of $417,000 annually would be needed to provide housing and the intensive level of services required to support 12 clients. It was acknowledged, however, that resources for new housing development are extremely limited, that the few housing opportunities which might be available would likely not be in Cambridge, and that housing people does not necessarily mean they would not spend their daytime hours in Central Square.

It may still be possible to provide supported housing for up to 6 clients who can make use of a comprehensive service package under a Housing First model. Heading Home, a local agency formerly known as Shelter Inc., has received funding from HUD (Department of Housing and Urban Development) to operate an 11-unit housing and services program located in Malden. Heading Home has designated 6 apartments for appropriate Cambridge clients to be referred by Cambridge Health Care for the Homeless. A plan to engage the client in services was discussed by the inter-agency team group. To date, one individual identified out of the group which frequents Central Square has been placed in one of the new apartments and another is on a waiting list. It can be very difficult for people who have spent many years on the streets to go through even the preliminary steps toward seeking housing despite support from Cambridge Health Care for the Homeless and other staff. The longer term feeling of isolation newly housed chronically homeless individuals may experience can be addressed at least partially through the service package.

Regarding training for area businesses on how to manage and intervene with homeless people who frequent their establishments, a one-session training program was designed and offered to respond to a specific incident in Central Square. The business owner postponed the training; however, this curriculum can be marketed and implemented in the future.

Workgroup staff has identified possible funding streams to support some of the proposed housing / service options. Plans are for the Senior Policy Group on Homelessness to convene on a quarterly basis in order to provide ongoing support and technical assistance to the Homeless Services Planning Committee, which consists chiefly of service providers.

The Police Department has developed an additional approach to reducing nuisance behavior and improving the situation of the chronically homeless population in Cambridge. As of July 14, 2008, a Police Officer with expertise in the area of homelessness, Officer Eric Helberg, has assumed the duties of the Homeless Outreach Officer. The workings of this project are detailed in the attached summary, but briefly, the Homeless Outreach Officer works directly with individuals on the street, speaking with them to determine whether services are needed and establishing and enforcing acceptable behavior standards. Officer Helberg is also in close contact with service providers such as the Multi-Service Center, CASPAR, Health Care for the Homeless, Heading Home, Home Start and other resources. In addition, the Homeless Outreach Officer provides training for officers walking the Harvard and Central Square beats.

Neither the Police Department nor service providers including CASPAR First Step street outreach have observed an increase in the homeless population in Central Square. Compared to prior summers, in summer 2008 there were significantly fewer calls to the Police for service related to group drinking in public and man down.

Individuals who are not homeless, however, may be perceived as homeless because of their disheveled appearance or inappropriate behaviors. The Police have noted an increase in activity in Central Square particularly at night with people who are not homeless coming from Boston, resulting in arrests for drinking in public and related nuisance behavior.

Senior Policy Group On Homelessness

Stephanie Ackert - Director, Planning & Development, Dept of Human Service Programs

Fred Berman - Planner, Department of Human Service Programs

Gordie Calkins - Director of Individual Services, Heading Home, Inc.

Don Drisdell - City Solicitor

Gail Enman - Executive Director, CASPAR

George Fosque - Director of Emergency Communications

Meghan Geoghan - Director of First Step Outreach, CASPAR

Arthur Goldberg - First Assistant City Solicitor

Samara Grossman - Director of Cambridge Office, Homestart

Robert Haas - Commissioner, Cambridge Police Department

Claude-Alix Jacob - Chief Public Health Officer, Cambridge Public Health Department

Marsha Lazar - Director, Community Health Programs, Cambridge Public Health

Tom Lorello - Executive Director, Heading Home, Inc.

Mark McGovern - Director, Health Care for the Homeless

George Metzger - Interim President, Central Square Business Association

Lisa Peterson - Commissioner, Cambridge Public Works Department

Beth Rubenstein - Assistant City Manager for Community Development

Richard Scali - Chairman, Cambridge License Commission

Ellen Semonoff - Assistant City Manager for Human Services

Len Thomas - Director, Multi-Service Center, Department of Human Service Programs

Steve Williams - Deputy Superintendent, Cambridge Police Department

Very truly yours, Robert W. Healy, City Manager

2. Transmitting communication from Robert W. Healy, City Manager, relative to request from American Express Travel Services ("American Express") for two (2) permanent aerial easements for one (1) aluminum-clad steel canopy structure to be installed, repaired, replaced and maintained over portions of the public sidewalk along JFK Street and Mount Auburn Street located along American Express’s property located at 39 JFK Street.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $1,174,000 from Free Cash to the General Fund Public Works Other Ordinary Maintenance account to cover current and anticipated additional snowstorm expenses associated with snow plowing contracts, salt and other material costs.

City Manager Letter

Feb 9, 2009

To the Honorable, the City Council:

I am hereby requesting the appropriation of $1,174,000 from Free Cash to the General Fund Public Works Other Ordinary Maintenance account to cover current and anticipated additional snowstorm expenses associated with snow plowing contracts, salt and other material costs.

Cambridge has already seen 50 inches of snow this winter. Public Works has responded with 16 snow and salting events and has already purchased more than 7,500 tons of salt. The high number of events coupled with a 28% rise in the cost of salt, from $53.43 to $68.54/ton, has resulted in the request for this additional appropriation.

Very truly yours, Robert W. Healy, City Manager

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $110,000 from the General Fund Employee Benefits (Insurance) Salary and Wages account to the General Fund Public Works Travel and Training (Judgment and Damages) account to cover current and anticipated medical services and/or prescription reimbursement costs for personnel injured in performance of their duties.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds received from the Friends of the Community Learning Center (CLC) in the amount of $3,000.00 on behalf of the Saul O. Sidore Memorial Foundation to the Grant Fund Human Services Salary and Wages account to( $2,583.00) and to the Grant Fund Human Services Other Ordinary Maintenance account ($417.00) and will be used to develop and pilot a mentor project for adult learners preparing for a GED or adult diploma and will support the project coordinator’s salary and miscellaneous supplies for the project.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of additional funding to the Low Income Heating Assistance Program grant for $31,700 funded by the Federal Department of Health and Human Services and administered in Massachusetts by the Commonwealth’s Department of Housing and Community Development to the Grant Fund Human Service Programs Salary and Wages account which must be used to hire a full time staff position to provide case management to include the protection against termination of utility services, manage arrearages, refer energy conservation services, refer non-energy related programs, and budget counseling.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-139, regarding a report on fiscal lessons from past recessions and implications for the next few budgets in Cambridge.  Referred to Finance Committee

City Manager Letter

Feb 9, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Number 08-139, regarding a report on fiscal lessons from past recessions and implications for the next few budgets in Cambridge, please be advised of the following:

The City Council and City Administration continue to operate with the same basic principals/lessons which have allowed the City to weather difficult economic times. These principals include: 1) understanding that failure to make difficult decisions today will lead to even more difficult decisions in the future; 2) being realistic in our expectations both in good and bad economic times, which has resulted in us being able to manage our resources wisely, and; 3) developing effective short and long term financial, economic and programmatic planning strategies.

The past fiscal year (FY08) was another strong year for the finances of the City: with the excess levy capacity and free cash again increasing; actual revenues above projections; and increased total assessed values. These strong financial indicators combined with a AAA credit rating provide the City with enormous fiscal flexibility and stability which will be needed over the next two budget cycles.

The above factors are important as we navigate through these difficult economic times, which will require us to look for ways to continue to expand non-property tax revenue, encourage expansion of the tax base, exercise restraint on expenditures and strategically use our reserve funds. While Cambridge is not insulated from current economic realities, we have positioned ourselves well to respond to these challenges in order to preserve the high level of municipal services which residents have come to expect, as well as meet the needs of our infrastructure.

We should also be reminded that approximately 60% of the revenues that fund the City’s budget are raised through property taxes. Massachusetts communities are limited in how they can raise revenues, resulting in a greater reliance on the property tax levy, since it is the largest and most stable revenue. The property tax levy is the amount of revenue raised through property taxes in a given year. Therefore, decreases in non-property tax revenues such as state aid, excise taxes, permit and fees have an impact on the property tax levy. For municipalities, such as Cambridge, which are below the property tax levy limit, it means making decisions such as fully replacing lost non-property tax revenues with property taxes to maintain services, reducing services or a combination of both. Cambridge has an excess levy capacity of $92.7 million. For municipalities which are at their property tax levy limit, have limited reserves such as free cash to use, and/or have a limited ability to generate additional non-property tax revenue, this translates into certain budget reductions or requests for Proposition 2½ overrides. As highlighted above, the City is well below its levy limit and has healthy reserve balances.

It should also be noted that the City of Cambridge has been able to achieve a lower property tax rate and lower residential property tax bill than surrounding communities due to its ability to generate non-property tax revenues, new construction, controlled budget growth and the prudent use of reserves. As a result, the four-year average increase of the property tax levy has been only 3.4% and supports the City Council Goal of "evaluating City expenditures with a view of maintaining a strong fiscal position and awareness of the impact on taxpayers." Moreover, approximately 80% of residential taxpayers have seen a reduction, no increase or an increase of less than $100 in their property tax bill in each of the last four years.

As you read below, it is clear that it will be difficult for the City to produce a budget in FY10 with a property tax levy increase that reflects the four year average or even the FY09 tax levy increase of 5.2%.

The FY10 Budget process will be different than in recent years. In order to provide funding for increasing fringe benefits costs, negotiated salary increases and other operating cost increases, the following issues must be recognized and dealt with, all of which illustrate why the FY10 Budget process will need to be different:

1. Because of the depth and breadth of the current economic downturn, it appears that we will not see a significant improvement in the economic climate until calendar 2010, which some may view as an optimistic assumption. It also appears that the economy will get even worse before we are able to turn the corner.

2. Increasing unemployment rates, which impact our property owners, residents and the local economy.

3. Additional State Grant reductions and/or State Aid cuts in January 2009.

4. Two of our major employers & taxpayers, Harvard and MIT, are projecting budget and construction cut-backs. It must be noted that their endowments are significantly higher than the City’s Free Cash balance.

5. Reduction in FY10 local aid from the state, a further reduction or elimination of direct state grants and stagnant or declining local non-property revenues, such as the hotel/motel tax, excise tax, building permit fees, water and sewer service fees and other fees and charges for services which are correlated to economic activity.

6. As the projected federal budget deficit continues to grow to unprecedented levels, at some point there will be a need to reduce federal spending, which will impact us through a reduction in direct federal grants or a reduction in federal through state grant programs.

7. Because of the downturn in the economy, it is certain that we will not be able to replenish the entire $17 million used in Free Cash in FY09 (not including supplemental appropriations), as we were able to do in previous fiscal years.

8. Additional funding for operating and programmatic costs related to the new facilities.

9. Possible FY10 School Budget issues.

10. Limited ability to fund major capital projects in the future.

11. Continued uncertainty in the Credits Markets which:

1. Impact the sale of City bonds and may result in higher interest rates

2. Impact the ability of commercial property owners to borrow for property construction or acquisition

12. Potential increase in our unfunded pension liability, which has been impacted by the decline in the Stock Market.

13. Unfunded obligation related to Other Post Employment Benefits (OPEB) - GASB 45, which is recognized in our financial statements for the first time in FY08.

Based on the above dynamics, we cannot assume that we can develop a FY10 General Fund Budget that can absorb state aid reductions, flat non-property tax growth, operating and debt cost increases without some offsetting operating, capital and position reductions. In addition, we should not expect that the FY10 Budget will absorb grant programs which have been or will be reduced by the State.

In these difficult economic times, we should not balance the FY10 Budget entirely at the expense of residential and commercial property tax payers by increasing the property tax levy alone. Rather, by being cognizant of our financial limitations, working together and adhering to the basic principals/lessons listed at the beginning of this response, I believe we can work through this current economic crisis.

In closing, I am providing you with excerpts contained in a recent Moody's publication on the "Impacts of the Credit Crisis and Recession on Local Governments" which further highlights some of the points discussed above.

Summary Opinion

With the U.S. economic recession intensifying and the continuing credit crisis limiting access to the credit markets, Moody's believes many local governments will face difficult fiscal choices and a minority will potentially face material stress over the next few years. The downturn in real estate values has exacerbated the general economy's impact on municipal governments' budgets, given their heavy reliance on property tax revenues. With the recession now appearing to have spread to most regions and sectors of the economy, few local governments will escape the difficult choice between raising taxes in the face of local economic stress and cutting services in order to balance their budgets. Moody's baseline expectation, however, is that the majority of municipalities will manage through this period successfully with a combination of spending cuts and revenue enhancement plans.

Most municipalities have a reasonable degree of fiscal flexibility and have demonstrated an ability to adapt to economic and fiscal cycles in the past. This recession, however, is likely to be deeper and longer-lasting than recent ones. Moody's therefore expects that there will be a higher number of negative rating actions than in other recessions of the past 40 years as some issuers experience disproportionate levels of stress which materially impact creditworthiness. Nevertheless, the number of downgrades is expected to be modest when measured as a percent of the total rated universe of local governments, as our ratings anticipate economic cycles. Rating actions will focus on municipal governments, which experience higher levels of financial stress than comparably-rated peers. Additional downward pressure could result if this downturn proves exceedingly deep. Municipalities with different capital structures may experience differing levels of stress.

As in the past, municipalities with strong management teams, diverse revenue sources, predictable borrowing costs and sound liquidity and reserves are expected to fare better than those without these advantages. Generally speaking, the willingness of a local government’s leadership to make the adjustments necessary to adapt will be a key factor in maintaining that government’s credit rating. However, a more prolonged, deep downturn would significantly increase the fiscal challenges that municipalities will face and likely lead to greater downward rating pressure.

Management Response is Key to Credit Impact

Managing through any economic downturn is politically challenging. The broad-based nature of this downturn means that virtually all governments across the country will face some financial pressures. Raising revenues and/or cutting services is difficult, and doing so in a time of potentially deep economic stress for local voters will make the job that much more difficult.

The vast majority of local governments have proven through many economic cycles to have the willingness and ability to adapt to difficult economic and fiscal circumstances. However, the challenges posed by the current recession are expected to be particularly acute, heightening the importance of proactive management. As in the past, issuers with healthy reserves, strong leadership, and proactive financial management are expected to manage more easily than those without such characteristics. In addition, those localities that develop mid-year revenue and expenditure projections and have established mechanisms for mid-year budget adjustment are expected to fare better in the current environment. With the expected rapidity of the downturn in key governmental revenues, flexible, timely budgeting necessarily becomes more important for maintaining fiscal health. A municipality’s failure to adjust its budget in a timely fashion will be a clear indicator of weak fiscal management and will likely place significant downward pressure.

Very truly yours, Robert W. Healy, City Manager

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $58,269 in additional municipal access fees to the General Fund Cable Television Other Ordinary Maintenance account to provide additional payments to Cambridge Community Television (CCTV).

9. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $1,161,510 between School Department statutory accounts. These transfers include: $1,076,655 from the General Fund School Salaries and Wages account, $65,689 from the School Travel and Training account and $19,166 from the School Extraordinary Expenditures account to the General Fund School Other Ordinary Maintenance account which are reallocations related to school improvement and professional development plans based on approved detail budget allocations by Principals.

CHARTER RIGHT
1. Charter Right exercised by Councillor Reeves on Policy Resolution #17 of Feb 2, 2009 on the dedication of a location in the vicinity of Sargent Street in honor of the Earle Family.
Placed on File under Rule 19 without action.

ON THE TABLE
2. Opposition to the closing of the Oliver Farnum Senior Health Center. [Placed on Table on motion of Councillor Maher on Order Number Fourteen of Nov 3, 2008.]

UNFINISHED BUSINESS
3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on Nov 18, 2004 for the purpose of considering proposed amendments to Chapter 2.74 of the Cambridge Municipal Code, the Police Review and Advisory Board Ordinance. The question comes on passing to be ordained on or after Feb 14, 2005. [Four sections of the proposed amendment were passed to be ordained as amended. Ordinance #1284. The remaining proposed amendments to chapter 2.74 remain on Unfinished Business.]

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-87, 07-83 and 07-138, regarding the status of putting the City's self-evaluation on the website. [Charter Right exercised by Councillor Kelley on City Manager Agenda Item Number Sixteen of Dec 10, 2007. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Kelley.]

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on Jan 6, 2009 to continue to discuss a petition to amend the zoning in the East Cambridge area filed by Alexandria Real Estate Equities. The question comes on passing to be ordained on or after Jan 26, 2009. Planning Board hearing held Nov 18, 2008. Petition expires Feb 17, 2009.
Ordained as amended by substitution. 8-1-0 (Kelley - NO) Ordinance #1319

APPLICATIONS AND PETITIONS
1. An application was received from Metamorphisis, requesting permission to display merchandise in front of 1693 Massachusetts Avenue.

COMMUNICATIONS
1. A communication was received from Ruth A. Ryals, transmitting support of Lesley's zoning petition.

2. A communication was received from Robert J. LaTremouille, regarding the BU Bridge Reconstruction Project.

3. A communication was received from Dana DeLuca, transmitting support of Homeland Security cameras.

4. A communication was received from Emily Peterson, regarding the traffic calming project at Fairfield and Pemberton Streets.

RESOLUTIONS
1. Retirement of John McNamara from the Emergency Communications Department.   Mayor Simmons

2. Urge residents to be cognizant of White Ribbon Day on Feb 14, 2009 and urge businesses to engage men to help stop domestic violence by raising awareness through the White Ribbon pledge.   Mayor Simmons

3. Congratulations to John and Johanna Almeida on the birth of their daughter Evelyn.   Councillor Decker

4. Condolences to Kevin and Nadia Foster on the death of Camille Chamblin.   Councillor Decker

5. Resolution on the death of Chief Warrant Officer Matthew G. Kelley.   Councillor Decker
6. Resolution on the death of Chief Warrant Officer Joshua M. Tillery.   Councillor Decker
7. Resolution on the death of Chief Warrant Officer Benjamin H. Todd.   Councillor Decker
8. Resolution on the death of Chief Warrant Officer Philip E. Windorski Jr.   Councillor Decker
9. Resolution on the death of Private Grant A. Cotting.   Councillor Decker

10. Congratulations to "The Cambridge School" in Cambodia on its opening in March 2009.   Councillor Decker

11. Congratulations to the City of Medford on the installation of the wind turbine at the John J. McGlynn Elementary School.   Councillor Davis

12. Thanks to Laurie Taymor Berry for her work with the Cambridge Democratic City Committee.   Councillor Seidel, Councillor Davis

13. Honoring Philip and Susan Ragon in funding the critical research efforts in finding a cure to HIV/AIDS.   Councillor Seidel

14. Happy 90th Birthday to Doris Gwendolyn Bascomb.   Councillor Reeves

18. Thanks and congratulations to Vice Mayor Brian Murphy as he accepts the position of Deputy Secretary of Transportation for the Commonwealth of Massachusetts.  Mayor Simmons, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Councillor Seidel and Councillor Toomey

ORDERS
1. That the City Manager is requested to confer with the Police Commissioner on the possibility of including the patrol of bicycle lanes in the bicycle units' regular activity.   Councillor Toomey

2. Traffic-calming concerns regarding the proposed street reconstruction of Fairfield and Pemberton Streets.   Councillor Kelley

3. That the City Manager is requested to convey to the property owners the Council’s interest in home ownership at 303 Third Street and the Council’s strong support of the multi-generational University Residential Communities (URC) community and the URC’s continued ability to offer for sale units at 303 Third Street.   Councillor Davis

4. That the City Manager is requested to ask both City Councillors and his staff for recommendations regarding who from NSTAR should be invited to the Feb 23, 2009 roundtable discussion based on questions and topics they would like addressed.   Mayor Simmons

5. That the City Manager is requested to confer with the Director of Traffic and Parking to discuss discontinuing the traffic calming efforts at Fairfield and Pemberton Streets.   Councillor Toomey

6. That the City Manager and Community Development Department work together to determine if the parcel of land at the corner of Binney and Third Streets could be obtained for use as a housing site.   Councillor Reeves

7. That the City Manager is requested to report to the City Council exactly how the Department of Homeland Security surveillance cameras and infrastructure will be removed and the timeframe of said removal.  Councillor Decker

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a public meeting held on Jan 29, 2009 to continue to discuss a petition to amend the zoning in the East Cambridge area filed by Alexandria Real Estate Equities.  Referred to Petition

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Councillor Craig A. Kelley, transmitting a document entitled "Cost for the Creation of Dedication Signs per year including Man hours".

HEARING SCHEDULE
Mon, Feb 9
5:00pm   Special Presentation for Black History Month  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 10
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss traffic enforcement data analysis.  (Sullivan Chamber)

Mon, Feb 23
5:30pm   Roundtable Meeting with NSTAR. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, Feb 24
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss outdoor lighting, including "dark sky" principles.  (Sullivan Chamber)

Mon, Mar 2
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 3
5:30pm   The Transportation, Traffic and Parking Committee will continue discussions on analysis of traffic enforcement data.  (Sullivan Chamber)

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

Wed, Mar 11
5:00pm   The Health and Environment committee will conduct a public meeting to discuss community gardens, receive an update on the possibility of a Cambridge Farm and any other matters relating to growing fruits and vegetables in Cambridge.  (Sullivan Chamber)

Mon, Mar 23
5:00pm   Special Presentation for Women's History Month  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 30
5:30pm   Roundtable Meeting with School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, Apr 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 13
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 27
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 4
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Feb 9, 2009
COUNCILLOR TOOMEY
WHEREAS: As the warmer months arrive the Police Department will re-deploy the very successful bicycle unit; and
WHEREAS: Just as the presence of a police cruiser or motorcycle would have a calming effect in its immediate surrounds so could the presence of a bicycle officer; and
WHEREAS: Cambridge has a significant mileage of bicycle lanes that are increasingly being taken advantage of and the reoccurring presence of a police officer traveling in the lanes themselves could increase awareness for both autos and bicycle safety; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner on the possibility of including the patrol of bicycle lanes in the bicycle units' regular activity.

O-2     Feb 9, 2009
COUNCILLOR KELLEY
WHEREAS: Residents in the Fairfield Street and Pemberton Street area of Cambridge have expressed concerns about the City's proposed street reconstruction and traffic calming plans proposed for that intersection; and
WHEREAS: There are concerns that the sharp turn created by the plaza that this project will create at this intersection will force cars to turn from Fairfield Street onto Pemberton Street into the oncoming traffic lane; and
WHEREAS: The plaza created by this plan will create long driveways and walkways for some of the residences, making snow clearance, home access, and other related issues more difficult, and in some cases more expensive, for both the City and homeowners; and
WHEREAS: There has been no data presented that indicates there is a safety hazard that this proposed project will correct; and
WHEREAS: The meeting at which this project was proposed was titled "Pemberton Street Meeting on Roadway Work," but at least half of the project is on Fairfield Street; and
WHEREAS: Spending money on dubious traffic calming programs in a time of increasing fiscal concerns is unwise; now be it therefore
ORDERED: That the City Manager be and hereby is requested to direct the Department of Traffic, Transportation and Parking to work with local residents to ensure that this project will work as proposed without undue safety and convenience consequences; and be if further
ORDERED: That the City Manager be and hereby is requested to direct the Department of Traffic, Transportation and Parking to put out cones, tape, paint or some other temporary devices to provide evidence of how this proposed project will impact local traffic and parking conditions; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Department of Traffic, Transportation and Parking to review the underlying issue in Council Order 0-15 of Feb 11, 2008 which was to "update the City Council on the traffic calming options for Pemberton Street" and justify how the proposed option addresses the Council Order; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Department of Traffic, Transportation and Parking to develop alternative methods of addressing traffic issues on Pemberton Street, to include other, less intrusive options for the Fairfield Street and Pemberton Street intersection; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Department of Traffic, Transportation and Parking to finalize no contract language or bid specifications together for this project until the issues raised above have been satisfactorily addressed; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue before any drawings, contracts, bid specifications or other relevant documents are finalized for this proposed project.

O-3     Feb 9, 2009
COUNCILLOR DAVIS
WHEREAS: A vision for a unique multi-generational community of people, with an affinity for an active intellectual and cultural life, will be realized with the completion of the new building at 303 Third Street in Cambridge; and
WHEREAS: The University Residential Communities ("URC") will establish a community of home owners at 303 Third Street where the design of the homes and amenities will accommodate young individuals and families beginning their careers and enable older residents to age gracefully and prosper professionally in the comfort of a collegial community of neighbors with shared interests; and
WHEREAS: The residences at 303 Third Street will offer homes to Cambridge residents and other citizens in a community alive with intellectual curiosity, camaraderie, creativity and the free and open exchange of ideas among people from all income levels and that was conceived and has been designed for those who love the life of learning; and
WHEREAS: 303 Third Street is within easy walking distance of MIT, the Massachusetts General Hospital, the Kendall Square Red Line T stop, in the midst of one of the nation’s greatest assets, a concentration of scientists, engineers and entrepreneurs without parallel, adjacent to the future Constellation Center, a dynamic performance center which will feature music and film venues of extraordinary technical quality and poised to contribute to the revitalization of one of the city’s most exciting neighborhoods; and
WHEREAS: MIT President Emeritus Paul Gray, along with colleagues from MIT and Harvard University, had the inspiration and vision to create this unique 190-unit community where 38 families have already committed themselves to becoming residents through the purchase of apartments along with a list of over 57 prospective buyers eager to live in this Cambridge environment of ideas and innovation; and
WHEREAS: It has come to our attention that the developers of the property at 303 Third Street, the Extell Corporation of New York and Equity Residential of Chicago, elected to offer unreserved units at 303 Third Street as rental housing, thereby limiting the ability of URC to offer additional units for sale; now therefore be it
ORDERED: That the City Manager be and hereby is requested to convey to the property owners the Council’s interest in home ownership at this location and the Council’s strong support of the multi-generational URC community and the URC’s continued ability to offer for sale units at 303 Third Street.

O-4     Feb 9, 2009
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to ask both City Councillors and his staff for recommendations regarding who from NSTAR should be invited to the Feb 23, 2009 roundtable discussion based on questions and topics they would like addressed.

O-5     Feb 9, 2009
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic and Parking to discuss discontinuing the traffic calming efforts at Fairfield and Pemberton Streets.

O-6     Feb 9, 2009
COUNCILLOR REEVES
WHEREAS: There is a vacant (apparently surplus) federally owned parcel of land at the corner of Binney and Third Street, currently being used as a trailer site for construction in the area; and
WHEREAS: There is a significant amount of housing needed to make the Kendall Square area a more vibrant location. Currently plans include several housing developments near this intersection; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Assistant City Manager for Community Development Department to determine if this parcel could be obtained for use as a housing site.

O-7     Feb 9, 2009
COUNCILLOR DECKER
WHEREAS: On February 2, 2009, this City Council unanimously passed Order O-18 ordering the removal of the Department of Homeland Security Surveillance Cameras; therefore be it
ORDERED: That the City Manager be and hereby is requested to report to the City Council exactly how the cameras and infrastructure will be removed; and be it further
ORDERED: That the City Manager be and hereby is requested to report to the City Council what the process is for notifying the Department of Homeland Security that Cambridge will not have the cameras; and be it further
ORDERED: That the City Manager be and hereby is requested to report to the City Council on who, and from what agency, will be responsible for removing the cameras; and be it further
ORDERED: That the City Manager be and hereby is requested to report to the City Council on what the time frame for the removal of the cameras and infrastructure will be; and be it further
ORDERED: That the City Manager is requested to report back to the City Council about these issues as well as the status of the removal of the cameras and infrastructure.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public meeting on Jan 29, 2009 beginning at 5:30pm in the Sullivan Chamber. The purpose of the meeting was to continue to discuss a petition to amend the zoning in the East Cambridge area filed by Alexandria Real Estate Equities.

Present at the meeting were Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Henrietta Davis; Councillor Kenneth E. Reeves; Councillor Sam Seidel; Councillor Timothy Toomey; and City Clerk D. Margaret Drury. Present from the City administrative staff were Donald Drisdell, City Solicitor; Nancy Glowa, Deputy City Solicitor; Beth Rubenstein, Assistant City Manager for Community Development, (CDD); Lester Barber, Director of Zoning and Land Use Planning; and Stuart Dash, Director of Community and Neighborhood Planning, CDD.

Vice Mayor Murphy opened the meeting and stated the purpose. He then invited the petitioners to update the committee on what meetings and discussions the petitioners and the community have had since the last meeting of the Ordinance Committee on Jan 6, 2009, and he noted that a draft zoning amendment reflecting changes in the proposal has been prepared (Attachment A).

Attorney James Rafferty, Adams and Rafferty, 130 Bishop Allen Drive, said that there have been several changes to the proposal in the past few weeks: the open space proposal is now 2.2 acres, there is a requirement for affordable housing, retail space has been located and identified, with respect to acoustical issues, there is language requiring noise restriction that has not previously appeared, and there is a proposal for an additional community benefit.

Thomas Andrews, Vice President, Alexandria Real Estate Equities, reiterated the benefits that Alexandria is willing to provide for the community. He said that Alexandria had started with the concept of trading open space for increased density. At this point there are many additional benefits for the community – a decrease from six to five lab buildings, significant affordable housing, retail located in places where it will really help to activate the street, with an absolute commitment to its success, underground parking at a lower level than required by current zoning, with aggressive parking and transportation demand management, the construction will be union jobs, the development will add approximately 3,000 permanent jobs to the economy.

David Manfredi then described the urban planning principles that have gone into the creation of the design. He illustrated the updated design on a site map (Attachment B).

Councillor Reeves asked why only 10,000 square feet is proposed for community space, when the Goody Clancy Report recommended 30,000 square feet. Councillor Maher reported that the report is part peer review and part community wish list.

Councillor Maher requested that Ms. Rubenstein describe the timing contemplated for receiving the open space community benefits. Ms. Rubenstein said that two parcels would be deeded to the city for public park use. The Rogers Street parcel would be deeded at the time that the certificate of occupancy for the first lab building is issued. The Triangle parcel would be deeded to the city at 700,000 gross square feet. The city would receive $1 million for park design at the time that the first lab building permit is issued and $8.5 million for park construction at the time that the first lab building certificate of occupancy is issued. Ms. Rubenstein distributed a summary of the package of proposed community benefits (Attachment C).

Councillor Reeves asked what would happen if the City Council were to adopt this zoning amendment and then Alexandria not build anything. Ms. Rubenstein explained that if nothing were done with the rezoned property, the City would not receive any of the community benefits. However, the zoning runs with the property, so if another developer purchases the land, that new buyer is required to develop it in accord with the zoning. Vice Mayor Murphy added that Alexandria or a new buyer could decide to build under the base zoning, as of right, and no community benefits would accrue to the city. However, once an owner begins development of the site as a planned unit development (PUD) under a special permit, any future buyer is bound by the special permit, whether ownership is vested in a single owner or multiple owners. Mr. Barber said that Cambridge has had experience dealing with multiple owners of a PUD, for example, Cambridge Research Park started with one owner and now has three owners. New owners assume the obligations set forth in the special permit.

Councillor Toomey requested that the CDD staff provide the committee with written material that addresses the several questions raised at this meeting about what would happen if Alexandria were to sell the property, including what happens if Alexandria sells to one owner or to several owners and what if someone buys the housing site and is unable to go forward. Does that mean that everything stops?

Councillor Reeves asked whether the city can provide housing with limited equity restrictions that terminate in 10 years. Is it legal? Councillor Maher said that these units would not be financed or administered by the city. The concept is that the first buyers would be buying into a new neighborhood, still under construction, providing the stability of residential occupancy, and if the original buyer is still occupying the unit in ten years, there would be a reward. He asked the City Solicitor to comment. Mr. Drisdell said that this would need to be a program administered by the developer. On its face such a program does not appear to violate any provisions of law. Councillor Reeves said that other taxpayers might have a problem with the windfall that would accrue to a select few paying reduced taxes for ten years. He is not saying no to this, but there are a lot of issues that must be considered.

Councillor Maher then invited public comment.

Joe Power, 10 Holworthy Street, business agent for Carpenters Local 40, spoke in support. In this time of economic downturn, he urged the City Council to take action that will promote jobs in Cambridge.

Mark Sutherland, 132 Pearl Street, Local 40, spoke in support. This project is very important. He urged the City Council to work together to get this done.

Terrence Smith, 21 Manassas Avenue, Director of Government Affairs, Cambridge Chamber of Commerce, spoke in support of the proposed rezoning and submitted a written copy of his testimony (Attachment D).

Marie Saccoccio, 55 Otis Street, urged the City Council not to adopt this proposal. She listed six developments for which Alexandria has had to stop construction because of financial difficulties. The elephant in the room is biohazards and biosecurity. It is premature to recommend this petition.

Betty Saccoccio, 55 Otis Street, said that she is opposed to the mammoth size of the buildings and the danger to residents from the biohazards. There are many elderly residents in the area.

Vincent Moracia, 41 Park Avenue, member of Local 151 spoke in support.

Frances Fulkerson, 2 Berkshire Place, member of Local 151 spoke in support.

Gordon Reddick, 17 Montgomery Street, Local 103, spoke in support.

Lewis Bacci, 149 William Street, Local 151, spoke in support. They can really use the jobs.

Peter Bonnel, 3 Palermo Street, lifelong Cambridge resident, member of Local 151, said that Cambridge needs the buildings for the work that will be created after the development is finished as well as the construction jobs and the affordable housing.

Steven Mulloney, Massachusetts Biotechnology Council, spoke in "enthusiastic support". There is no better place than Cambridge, MA and not a better time than now for this project. It will serve as an economic catalyst. This project will reaffirm Cambridge’s position in the biotechnology world.

Fernando Santos, 139 Tremont Street, member of Local 40, spoke in support of the proposal.

Donald Sheehan, 256 Freeport Street, thanked all involved for their hard work. This project will bring revenue into the community, as well as good paying jobs.

Steve Kaiser, 191 Hamilton Street, stated that progress is being made on improving the proposal but more information and time is still needed. He recommended refilling the petition.

Barry Zeven, 67 Hampshire, expressed his agreement with Mr. Kaiser. He is not convinced that the ECAPs plan is obsolete. The citizens deserve a level of stability. He commended the architects for a very intelligent placement of housing and retail and said that dimension and use were linked closely in ECAPs for a very good reason.

Paul Cote, 85 Sixth Street, said that he is one of the people who have been working with Alexandria. It has been confusing. There are five different documents. Massachusetts Zoning Law is supposed to prevent zoning being substituted at the last minute. It is a violation of the spirit and letter of the M.G.L. Chapter 40A.

Ilan Levy, 148 Spring Street, stated that he has been involved for a year. The community has not been listened to. He wants the neighborhood to be a neighborhood for people not buildings.

Donna Keefe, 263 Hurley Street #2, said that Binney Street needs to become more of a boulevard. She would like retail moved there. She said that a tower of 140 feet will dwarf the Athenaeum and that on First Street new buildings should be compatible with what are there now – low buildings.

Tom Joyce, 183 Third Street, member of the East Cambridge P T Subcommittee and E C Land Trust, stated that the community center is too small. He urged the City Council to take more time.

Heather Hoffman, 213 Hurley Street, urged the City Council to let this petition expire and be re-filed. She said that we all know nothing is going to happen right now, so why are we rushing.

Mark Jaquith, 213 Hurley Street, member of the East Cambridge Planning Team Subcommittee said that two weeks ago they learned that the development gained 220,000 square feet and the proposed community center shrank from 30,000 to 10,000 square feet. He urged delay of the petition.

Edwin Wright, 64 Holworthy Street, spoke in support of the project because it will provide good jobs for the union members, with good health insurance.

Carol Ballew, Charles Street, expressed appreciation to Alexandria, but said more time is needed. East Cambridge is the area that brings the biggest tax dollars. The community area must be at least 30,000 square feet. This is too major to rush through. She read a letter from Mary Ann Dalton, Somerville Cambridge Elder Services (Attachment E), to be part of the records in opposition to the adoption of the petition.

Joe Bonfiglio, Business Manager for the Laborer’s Union #151, spoke in support of the proposal amendment. There is a lot of competition from other cities for biotech business.

Tim Rowe, Cambridge Innovation Center, spoke in support.

Councillor Maher asked Attorney Drisdell to address the issue of the legality of amendments. Mr. Drisdell said that the courts have left a fairly broad ability to make changes. The standard is whether the amendment changes the fundamental character of the advertised petition. He does not see any fundamental change here.

Councillor Maher announced that there will be an additional Ordinance Committee public meeting next Thursday, on Feb 9th. He said that they would not rehash this meeting, but would talk about any changes and loose ends. He raised the issue of the effect of the linkage requirements in the Zoning Ordinance.

Vice Mayor Murphy and Councillor Maher thanked all those present for their participation. The meeting was adjourned at eight o’clock and eight minutes P.M.

For the Committee
Vice Mayor Brian Murphy, Co-Chair
Councillor David Maher, Co-Chair

View attached file

AWAITING REPORT LIST
08-41. Report from the City Manager:
RE: report on what process is being followed to develop programs for the new West Cambridge Community Center.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

08-65. Report from the City Manager:
RE: report on changes to the intersection of River Street and Mass Avenue to allow more pedestrian crossing time before vehicles are allowed to turn.
Mayor Simmons and Full Membership 04/28/08 (O-15)

08-79. Report from the City Manager:
RE: report on how local construction lighting could be limited to the minimum necessary for safety.
Councillor Davis and Full Membership 06/02/08 (O-2)

08-101. Report from the City Manager:
RE: report on working with Boston to create a policy to keep truck traffic to a minimum within the City.
Councillor Toomey and Full Membership 07/28/08 (O-25)

08-105. Report from the City Manager:
RE: report on the possibility of using the parcel on Binney and Fulkerson Streets for a dedicated dog park.
Councillor Toomey, Vice Mayor Murphy & Mayor Simmons 07/28/08 (O-40)

08-107. Report from the City Manager:
RE: report on ensuring that the responsibility of the developers for a safe crossing will be upheld by the MBTA and that plans will coincide with the vision of future development.
Councillor Toomey and Full Membership 09/08/08 (O-5)

08-108. Report from the City Manager:
RE: report on the position the City can take on altering the NorthPoint special permit now that the land swap is no longer necessary.
Councillor Toomey and Full Membership 09/08/08 (O-7)

08-109. Report from the City Manager:
RE: report on the progress of addressing rodent complaints and whether the number of complaints has increased or decreased.
Councillor Toomey and Full Membership 09/08/08 (O-8)

08-133. Report from the City Manager:  Mgr #1
RE: report on whether there has been an increase of arrests of homeless persons or people in need of services in Central Square.
Councillor Reeves, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel, Mayor Simmons & Councillor Toomey 10/20/08 (O-14)

08-139. Report from the City Manager: Mgr #7
RE: report on the fiscal lessons from the budgets in the wake of the last recessions and implications for the next few budgets in Cambridge.
Vice Mayor Murphy, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 11/03/08 (O-11)

08-140. Report from the City Manager:
RE: report on the ownership of Fifth Street between Bent & Binney Streets and the ownership of Rogers Street from Fulkerson to Third Streets and ensure maintenance of these roadways.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-1)

08-141. Report from the City Manager:
RE: report on the possibility of awarding points to affordable housing applicants based on the number of times they've applied.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-5)

08-148. Report from the City Manager:
RE: report on appointing a public housing or Section 8 tenant to fill the existing vacancy on the Cambridge Housing Authority Board of Commissioners.
Councillor Decker and Full Membership 12/08/08 (O-2)

08-150. Report from the City Manager:
RE: report on how many businesses similar to Biogen have relocated some or all of their personnel from Cambridge-based offices, whether there is an indication that others will be leaving, and what the strategies are to keep businesses in Cambridge.
Mayor Simmons and Full Membership 12/08/08 (O-9)

08-151. Report from the City Manager:
RE: report on status of pedestrian access in and around Russell Field.
Councillor Kelley and Full Membership 12/08/08 (O-10)

08-152. Report from the City Manager:
RE: report on the status of establishing a Walden Street Cattle Pass observation point.
Councillor Decker and Full Membership 12/15/08 (O-1)

08-153. Report from the City Manager:
RE: report on security cameras installed in Cambridge by the U.S. Dept. of Homeland Security.
Councillor Seidel and Full Membership 12/15/08 (O-4)

08-154. Report from the City Manager:
RE: report on whether the fire hydrants closest to 72-74 Lexington Avenue were functioning properly during the recent fire.
Councillor Decker 12/15/08 (O-12)

08-156. Report from the City Manager:
RE: report on remedy to placing a bus shelter at 2518 Mass Ave. for the #77 bus.
Mayor Simmons 12/22/08 (O-2)

08-158. Report from the City Manager:
RE: report on possible funding to deal with hoarding and to preserve housing.
Councillor Davis 12/22/08 (O-8)

09-02. Report from the City Manager:
RE: report on why trains must idle for extended periods of time in the area of Cambridge Street.
Councillor Toomey and Full Membership 01/12/09 (O-2)

09-03. Report from the City Manager:
RE: report on the fatal pedestrian accident in the Mt. Auburn Shaw's supermarket this past fall.
Councillor Kelley and Full Membership 01/12/09 (O-5)

09-04. Report from the City Manager:
RE: report on the fatal pedestrian accident on Oxford Street on Jan 6, 2009.
Councillor Kelley and Full Membership 01/12/09 (O-6)

09-05. Report from the City Manager:
RE: report on plans for conducting an energy audit of City Hall.
Mayor Simmons and Full Membership 01/12/09 (O-7)

09-06. Report from the City Manager:
RE: report on hours that computers are available to the public in city facilities.
Councillor Davis and Full Membership 01/12/09 (O-10)

09-07. Report from the City Manager:
RE: report on plans to eliminate Sunday library hours.
Councillor Toomey 01/12/09 (O-17)

09-08. Report from the City Manager:
RE: report with an update on the sale of Northpoint.
Councillor Toomey and Full Membership 02/02/09 (O-4)

09-09. Report from the City Manager:
RE: effects of the new Bicyclist Safety Law on Cambridge.
Councillor Davis and Full Membership 02/02/09 (O-7)

09-10. Report from the City Manager:
RE: report on reopening access from Westley Avenue to Linear Park.
Councillor Kelley and Full Membership 02/02/09 (O-14)