Cambridge City Council meeting - February 27, 2012 - AGENDA

RECONSIDERATION
1. A communication was received from Councillor Timothy J. Toomey, Jr., transmitting notification of his intent to return the 9 Wyman Street curb cut application to the table; the history of which is as follows:
An application was received from Eric Griffith, requesting permission for a curb cut at the premises numbered 9 Wyman Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation and Public Works. No neighborhood association for that area. Charter Right exercised by Councillor Kelley on Applications and Petitions Number Three of October 24, 2011. Placed on Table October 31, 2011 by Councillor Cheung on roll call vote 6-3-0. Placed back on the Table January 23, 2012 by Councillor Toomey. Motion to take from the Table failed 3-5-1 on February 6, 2012. Order adopted 2/13/12 reconsideration filed by Councillor Kelley 2/13/12.
Placed on File under Rule 19 - Adopted Order stands

2. That the City Manager is requested to direct City staff to replace the words "approve" and "disapprove" with the words "support" and "do not support" or, as appropriate, by some other terms that will help clarify where relevant authority rests when considering curb cuts. (Order failed of adoption.) Reconsideration filed by Councillor Kelley.
Placed on File under Rule 19 - Order failed

CITY MANAGERíS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to a request from Boston Properties Limited Partnership ("Boston Properties") for the modification of two existing open space restriction covenants on buildings located at Four and Five Cambridge Center in connection with the creation of a new 47,000 square foot urban park and new open space restriction covenant for a net gain 28,853 square feet of public open space.
Tabled - Toomey (expected to be revisited Mar 19)

Feb 27, 2012
To the Honorable, the City Council:

The City of Cambridge has received a request from Boston Properties Limited Partnership ("Boston Properties") for the modification of two existing open space restriction covenants on buildings located at Four and Five Cambridge Center. A copy of Boston Properties' letter describing their request in more detail is attached hereto for your information and is summarized below. Boston Properties has indicated that this request is being made in order to allow for the construction of a new connector building containing approximately 25,000 square feet of gross floor area between the existing buildings located at Four and Five Cambridge Center. In addition to being located on the Four and Five Cambridge Center properties themselves, a portion of the connector building between Four and Five Cambridge Center would be constructed over the existing garage facility known as the Cambridge Center East Garage. As is discussed in greater detail in Boston Properties' letter, the construction of this new connector building will require the modification of the two existing open space covenants, resulting in an 18,147 square foot reduction of the public open space created by those covenants, which is part of the open space required in the MXD Zoning District as set forth in Article 14, Section 14.42 of the Cambridge Zoning Ordinance. However, the term of these covenants, once modified, would be extended for an additional 28 years from the current expiration date of 2022 until 2050. In addition, a new 47,000 square foot urban park would be created as part of this process, pursuant to a new open space covenant with a duration of 40 years, for a net gain of 28,853 square feet of public open space in the Cambridge Center area.

In consideration of the modification of the existing Covenants and the reduction in open space, Boston Properties, together with the Cambridge Redevelopment Authority, is proposing the following:

1. the extension of the current expiration date for the dedication of the remaining open space on the East Garage roof to the public from Aug 5, 2022 to Aug 5, 2050; and

2. the creation of a new at-grade urban park on a parcel of land owned by the Cambridge Redevelopment Authority at the corner of Binney Street and Galileo Galilee Way adjacent to the "Innovation Boulevard" project funded by the Massachusetts Department of Transportation, which would be dedicated as public open space for a period of 40 years by a new open space covenant and which is more than twice the size of the area that is being impacted by the modification plan (approximately 47,000 square feet being added by the creation of the new park versus 18,147 square feet being removed as part of the reconfiguration of the East Garage roof park to accommodate the connector building).

There are currently 133,733 square feet of publicly dedicated open space in Cambridge Center. This plan will increase the overall amount of publicly dedicated open space to 162,586 square feet (even after taking into account the 18,147 square feet that would be removed from the rooftop park on the East Garage), and will add an urban park as an amenity to the project area that will be easily accessible to the neighborhoods surrounding Cambridge Center.

Request for Approval to Modify Existing Covenants

The Four Cambridge Center Covenant provides that it may be modified by a majority vote of the City Council with the approval of the grantor and the ground lessee of the East Garage. The East Garage Covenant similarly provides that it may be modified by a majority vote of the City Council with the approval of the grantor and the ground lessee of the East Garage. Boston Properties has requested that these proposed modifications to the two existing Covenants and the proposed new open space covenant be presented to the City Council for approval. For reasons stated herein, I recommend that the City Council approve the modifications and the new covenant as proposed or in such manner and at such time as I reasonably determine is necessary or advisable.

Request for Disposition under Chapter 2.110

In addition, because the requested modifications to the existing open space covenants will result in a reduction of the open space created by those covenants, these modifications are subject to the provisions of Chapter 2.110 of the Cambridge Municipal Code. Under Chapter 2.110, which governs the disposition of City-owned property, approval of this request requires a two-thirds vote of the City Council. I believe the value and public benefit of the extension of the two existing open space restriction covenants (as modified) for an additional 28 years, the creation of the new 47,000 square foot public park together with a new open space covenant with a duration of 40 years are greater than the value and public benefit of the reduction of existing open space areas that is proposed. For reasons stated herein, I recommend such approval at this time.

Request for Diminution of Process Stipulated in Chapter 2.110

Chapter 2.110 of the Cambridge Municipal Code on the disposition of city-owned property allows for a diminution of the full process otherwise required by the ordinance for "disposition of city property that is of such little significance that the [full] process would be unduly burdensome." I believe that this disposition may properly be subject to Section 2.110.010(G) of the ordinance. Under this section, the City Manager may request of the City Council a diminution of the full process set forth in the ordinance; approval of this request requires a two-thirds vote of the City Council. Given the benefits to the community that will be achieved with the addition of the new park and the construction of the new connector building that will allow Boston Properties to develop this project, together with the extension of the existing open space covenants' duration (as modified) for an additional 28 years , the creation of the new 47,000 square foot public park together with a new open space covenant with a duration of 40 years, I believe that subsection (G) is appropriate for review of this proposal.

Limiting the scope of review for the requested disposition would be consistent with the expressed objective of the procedure required by the Chapter: to render "a fair analysis of how the greatest public benefit can be obtained from the City property in question." I believe that the information furnished in this letter, together with Boston Properties' letter and its attachments, is sufficient to enable the City Council to make a determination on this matter. Carrying out a more detailed review would require a significant amount of money and staff time. Since the procedure set forth in the Chapter would be costly and the use of this property is one that is consistent with City Council policy, I believe this to be the type of disposition anticipated by subsection (G) which allows for a simpler process; and I therefore request that you approve a diminution of the full disposition review process.

This recommendation provides for a very exciting economic development opportunity allowing for a major expansion of Google's presence in Cambridge.

Very truly yours, Robert W. Healy, City Manager

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-23, regarding the continuation of the Longfellow Community School program and Longfellow Neighborhood Council.
Referred to Joint Meeting of Finance Committee and Human Services Committee - Kelley, Decker

Feb 27, 2012

To the Honorable, the City Council:

In response to Awaiting Report Item Number 12-23, regarding the continuation of the Longfellow Community School program and Longfellow Neighborhood Council, please be advised of the following:

The School Department's Innovation Agenda is resulting in significant changes in several of the elementary school buildings. Those changes have produced implications for programs run by the Department of Human Service Programs in the elementary schools. The City has been working closely with the School Department to try to understand all of the implications and to try to mitigate the impact on families without significantly increasing the costs to the City. As a result of these changes, we are proposing to make two changes in the Community School Program.

With one exception, each of the Community School Programs operates within an elementary school and serves primarily children from that school. The Community School Programs also have some adult programs including evening classes or basketball. Many Community Schools have monthly senior trips or other senior related events. All of the Community School Programs have a neighborhood council which provides direction and support to the program. The Councils and the Community School Directors also plan family trips and other neighborhood events.

The Amigos and Martin Luther King, Jr. Schools currently share a school building and are jointly served in their building by the MLKing Community School. The Community School serves approximately 180 children with about 95 of the children coming from the Amigos School and 75 of the children coming from the MLKing School. The School Department is planning to move the King School Kindergarten through 5th grades into the Longfellow Building for the next three years and will move the Amigos School to the Upton Street School Building. Consistent with our program design which has one Community School for each Elementary School, I am proposing that the Community School currently operating in the King/Amigos building move to the Amigos Building where the majority of its program participants will attend school. I understand that the Principal, working with the families from the school, has set aside some space in the building for the Community School.

At the same time, I am proposing to fill the vacancy created by the retirement of Penelope Kleespies, the former Director of the Longfellow Community School so that the Community School operating in the Longfellow neighborhood can provide programming to the King School and neighborhood children in the Longfellow building. Since the Longfellow School moved from the building in 2003, the Community School has continued to operate out of the building during most of the intervening years. It is currently operating out of one classroom in the War Memorial Recreation Building because the Longfellow building is currently closed. The number of children the Longfellow Community School has been able to serve in enrichment classes has been small because most children attend the community school in the building where they attend school. With the reopening of the Longfellow Building this summer, the program will be able to offer robust programming in the building for children who attend the King School or come from the neighborhood. In addition, the Longfellow Community School will be able to continue to provide community programming for the Longfellow neighborhood.

It is expected that three and half years from now, the King School will return to the building on Putnam Avenue together with the Putnam Ave Upper School. At that time, I would expect that there would need to be a community school in the King building to serve that school and neighborhood. In the meantime, to ensure that the neighborhood around the King School has support for the community building activities that a community school provides, I am proposing to provide a $15,000 contract to the Cambridge Community Center, located around the corner from the King School, to provide community support until the School reopens.

This proposal will ensure that both the Amigos and King School students who currently participate in Community Schools or who may wish to participate there in the future will have a community school in their school building. In addition, the community oriented programming that is provided by Community Schools will be provided for the Longfellow Neighborhood through their Community School, for the Amigos neighborhood by their Community School and for the King neighborhood, through the Cambridge Community Center until such time as there is a re-opened King School.

Very truly yours, Robert W. Healy, City Manager

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $50,000.00 of additional revenue to the General Fund Human Service Programs Other Ordinary Maintenance Account which will allow the Community Schools to continue programming and pay the increased costs related to bus transportation and other contractual services.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-15, regarding a report on the condition and maintenance of the elevators at the Manning Apartments.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $25,000 from the Traffic, Parking and Transportation Department Salary and Wages account to the Traffic, Parking and Transportation Department Travel and Training account (judgment and damages) to cover medical services and/or prescription reimbursement costs for Traffic and Parking personnel injured in the performance of their duties.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds of the America's Promise grant in the amount of $2,500.00 to the Grant Fund Other Ordinary Maintenance account which will be used for consultants who will be facilitating community agency work group sessions, the cost of food for Community Engagement Team networking events, and supplies.

7. Transmitting communication from Robert W. Healy, City Manager, relative to a response to a request from the City Council for additional information on the Bishop, et al zoning petition.
Referred to Petition

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $1,000,000 received from Alexandria Real Estate (ARE) to the Public Investment Fund Community Development Extraordinary Expenditures account and will be used to enable the City to plan and design improvements at the Rogers Street Park and the Triangle Park while ascertaining the appropriate open space needs of eastern Cambridge.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable (Without Power) for a term of three years, effective the first day of January, 2012: Raymond Conn (renewal), Revere

CHARTER RIGHT
1. That the City Manager is requested to consult with the Traffic, Parking and Transportation Department to devise a suitable plan that enforces the posted signage at the intersection of Whittemore Avenue and Route 16 intersection. [Charter Right exercised by Councillor Kelley on Order Number Fourteen of Feb 13, 2012.]
Placed on File under Rule 19 - No action taken

2. That the issue of changing the language in curb cut applications be referred to the Government Operations and Rules Committee. [Charter Right exercised by Councillor Toomey on Order Number Eighteen of Feb 13, 2012.]
Placed on File under Rule 19 - No action taken

UNFINISHED BUSINESS
3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Seidel, Chair of the Ordinance Committee, for a hearing held on Dec 28, 2011 to consider an amendment to the Zoning Ordinance on the petition filed by Julia Bishop, et al. and re-filed by the City Council to amend Section 17.20 of the Zoning Ordinance - Regulations for Special District 2 located in North Cambridge along Linear Park. (Petition passed to a second reading at Special City Council Meeting held on Feb 8, 2012) The question comes on passing to be ordained on or after Feb 27, 2012. Planning Board hearing held Jan 17, 2012. Petition expires Mar 27, 2012.

4. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the appropriation of an additional $6,515,000 to cover unanticipated costs related to renovations to the old police station at Five Western Avenue in Central Square. This appropriation will be financed through a loan order for $5,770,000 and a transfer of $745,000 in bond proceeds from the Radio Replacement project. The question comes on adoption on or after Feb 27, 2012.
Loan Order adopted 9-0

APPLICATIONS AND PETITIONS
1. An application was received from Panera Bread, requesting permission for five tables and eighteen chairs for restaurant seating in front of the premises numbered 1280 Massachusetts Avenue.

2. An application was received from Church St. Enterprises LLC, requesting permission for a blade sign and awning at the premises numbered 61 Church Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development, Historical Commission and abutters.

3. An application was received from East Boston Savings Bank, requesting permission for three awnings at the premises numbered 2172 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development and abutters.

COMMUNICATIONS
1. A communication was received from Martha Osler, 4 Irving Terrace, transmitting support for Longfellow Neighborhood Council/Community School. (See Order #9 of Feb 13, 2012.)

2. A communication was received from Margaret (Tuny) McMahon, regarding Longfellow Neighborhood Council. (See Order #9 of Feb 13, 2012.)

3. A communication was received from Young Kim, 17 Norris Street, regarding parking lot light plan for 40 Norris Street.

4. A communication was received from Peter Valentine, 37 Brookline Street, regarding a complete vision for the new Central Square and Developments.

5. A communication was received from State Senator William N. Brownsberger, transmitting thanks for the order calling for the passage of Senate Bill 772.

6. A communication was received from Michael O'Shea and Linda McJannet, 95 Harvey Street, regarding the Bishop Petition.

7. A communication was received from Jon and Rebecca Foley, 53 Magoun Street, transmitting support to the Bishop Petition as written.

8. A communication was received from Ken Bader, transmitting support to the Bishop Petition as written.

9. A communication was received from Trudy Bauer, transmitting thanks for the beautiful resolution on the death of her dear husband, Jim Goldberg.

10. A communication was received from Peter Valentine, 37 Brookline Street, regarding the celebration of George Washington's Birthday on Feb 22nd.

11. A communication was received from Emily Zhao, 2240 Massachusetts Avenue #16, transmitting support to the Bishop Petition as written.

12. A communication was received from Charles Teague, 23 Edmunds Street, transmitting support to the Bishop Petition as written.

13. A communication was received from George Diep, 53 Magoun Street, transmitting support of the Bishop Petition.


14. A communication was received from Carolyn Shipley, 15 Laurel Street, relating to the King Community School and Neighborhood Council.

15. A communication was received from Michale A. Cantalupa, Senior VP, Development, Boston Properties, requesting that the City Council table the request to modify two existing open space restriction covenants on buildings located at Four and Five Cambridge Center until March 19, 2012.


RESOLUTIONS
1. Congratulations to the Rainbow Chronicle on their new online community which launched in January.   Councillor Cheung

2. Resolution on the death of Angelina "Arlene" (Orisini) Ianelli.   Councillor Maher, Councillor Toomey

3. Congratulations on the occasion of the opening of the Kepes Institute, Museum and Cultural Center in Eger, Hungary and urge residents to visit the exhibit of Gyorgy Kepes' paintings and photographs which opens on Mar 3, 2012 at the Alph Gallery.   Mayor Davis

4. Resolution on the death of Helen O'Brien.   Councillor Maher

5. Resolution on the death of John A. Trant.   Councillor Maher

6. Happy 90th Birthday wishes to John "Jack" James McGlynn.   Councillor Toomey

7. Resolution on the death of Margaret T. (Moore) Judd.   Councillor Maher

8. Happy 60th Birthday wishes to Robert W. Murrell Jr.   Vice Mayor Simmons

9. Congratulations to Susan Hockfield on her successful tenure as President of the Massachusetts Institute of Technology.   Councillor Maher

10. Speedy recovery wishes to Robert and Mary Travers.   Councillor Maher

11. Congratulations to RJ Gourmet on their grand opening on Cambridge Street and best wishes for their future success.   Councillor Toomey

12. Congratulations to Mayor Henrietta Davis on her election as Mayor of the City of Cambridge.   Councillor Decker, Councillor Cheung, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey and Councillor vanBeuzekom.

13. Welcome Mellissa Honeywood as the new Manager of the Food Services Department for the Cambridge Public Schools.   Mayor Davis

14. Congratulations to Lady Gaga as she launches her Born This Way Foundation at Harvard University.   Councillor Reeves


15. Resolution on the death of Louise A. (Thomas) Bowman.   Councillor Toomey

16. Resolution on the death of Victor H. Ruffing.   Councillor Toomey

17. Resolution on the death of Charles Melanson.   Councillor Toomey

18. Resolution on the death of Edward Dever.   Councillor Toomey, Councillor Maher

19. Resolution on the death of Thomas J. Miley.   Councillor Maher

20. Happy 89th Birthday wishes to Mayor Emeritus Walter J. Sullivan.   Councillor Toomey, Councillor Maher, Vice Mayor Simmons, Councillor Decker

21. Welcome Oprah Winfrey to the City of Cambridge as she helps to launch a nonprofit venture aimed at promoting tolerance and kindness in upcoming generations.   Vice Mayor Simmons, Councillor Reeves

22. Resolution on the death of Andy Robinson.   Vice Mayor Simmons

23. Happy 60th Birthday wishes to Catherine Heppner.   Councillor Maher

25. Best wishes to D. Margaret Drury on her service to the City of Cambridge and happiness in her retirement.   Mayor Davis

26. Welcome wishes to Deepak Chopra as he comes to Cambridge to support the launch of the Born This Way Foundation.   Councillor Reeves

27. Welcome wishes to U.S. Secretary of Health and Human Services Kathleen Sebelisus she comes to Cambridge to support the launch of the Born This Way Foundation.   Councillor Reeves

28. Congratulations and thanks to The Berkman Center for Internet & Society at Harvard University as they partner with Lady Gaga by co-hosting the launch of the Born This Way Foundation on February 29, 2012.   Councillor Reeves

29. Congratulations and thanks to the Harvard Graduate School of Education as they partner with Lady Gaga by co-hosting the launch of the Born This Way Foundation on February 29, 2012.   Councillor Reeves

30. Congratulations and thanks to The John D. and Catherine T. MacArthur Foundation as they partner with Lady Gaga by co-hosting the launch of the Born This Way Foundation on February 29, 2012.   Councillor Reeves


ORDERS
1. That the City Manager is requested to confer with the Community Development Department to look into the feasibility of hiring an ombudsman to serve as a liaison and internal advocate for community members.   Councillor Cheung and Councillor vanBeuzekom
Charter Right - Decker

2. That the City Manager is requested to confer with the Information Technology Department to examine any security vulnerabilities on the City website and report back to the City Council.   Councillor Cheung
Amended

3. That the City Manager is requested to provide the City Council with a written annual report for the Parking and Transportation Demand Management (PTDM) Ordinance within four weeks time.   Councillor vanBeuzekom

4. That the City Manager be and hereby is requested to confer with the Community Development Department to appoint a local MBTA Advisory Council of CDD staff and residents to meet regularly and assess MBTA funding, programming and service cuts and report back to the City Council.   Councillor Decker

5. That the City Council urges Governor Deval Patrick and the 187th General Court of the Commonwealth of Massachusetts to thoroughly review and publish the findings of the social and economic impact that the proposed 3-strikes habitual Bill may have on all Massachusetts' Cities and towns if passed and enacted.   Councillor Reeves
Amended. Toomey voted Present


6. That the City Manager is requested to report back to Boston Properties that the City Council desires a community process before any such proposal would be considered by the City Council regarding a change in the public open space requirement that would reduce the size of the Kendall Square rooftop garden.   Councillor Toomey

7. City Council opposition to the two MBTA proposals regarding service cuts and fare increases, opposition to any service cuts at this time, proposing a fare policy based on a Fare Recovery Ratio metric, utilizing revenue from outside the MBTA to balance the budget, and taking the necessary actions to create a long-term, sustainable transportation system.   Councillor vanBeuzekom, Mayor Davis, Vice Mayor Simmons

8. That the City Manager is requested to instruct the Acting City Solicitor to provide a legal opinion on the issue of spot zoning relative to the Bishop amendment and direct the Assistant City Manager for Community Developmet to provide amended text of the Bishop petition prior to the March 5th meeting.   Councillor Maher


COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee for a public meeting held on Sept 8, 2011 to discuss overall data collection for parking and enforcement statistics for bicyclists, motorists and pedestrians.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from the City Council Special Meeting held on Feb 8, 2012 to consider a petition filed by Julia Bishop et al., to amend Section 17.20 of the Zoning Ordinance-Regulations for Special District 2 located in North Cambridge along Linear Park.
Referred to Petition

HEARING SCHEDULE
Mon, Feb 27
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Mar 19
5:30pm   City Council Meeting [City Manager will submit recommendation for water/sewer rates.]  (Sullivan Chamber)

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

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

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

Mon, Apr 23
5:30pm   City Council Meeting [Proposed budget submission]  (Sullivan Chamber)

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

Mon, May 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 21
5:30pm   City Council Meeting [Budget Adoption is expected]  (Sullivan Chamber)

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

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

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

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

TEXT OF ORDERS
O-1     Feb 27, 2012
COUNCILLOR CHEUNG
COUNCILLOR VANBEUZEKOM
WHEREAS: Residents are most in touch with the needs of their respective neighborhoods and are instrumental in implementing lasting positive change in the community; and
WHEREAS: Residents may recognize a need for change, but may find it difficult to vocalize their proposals to the Community Development Department (CDD) as they are unfamiliar with the inner-workings of municipal government; and
WHEREAS: Developers often have the funds to hire lawyers to advocate for their positions in front of the City Council and Boards; however, residents may not have access to such means; and
WHEREAS: It has been suggested that some sort of municipally employed ombudsman would be a welcomed addition for residents looking to navigate the intricate process of municipal policies, regulations and ordinances, and effectively advocate for a neighborhood's best interests; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department to look into the feasibility of hiring an ombudsman to serve as a liaison and internal advocate for community members.

O-2     Feb 27, 2012  Amended
COUNCILLOR CHEUNG
WHEREAS: Hacking is a security issue the City of Cambridge should take seriously, particularly given how many residents rely on the City website; and
WHEREAS: It has been reported that municipalities such as the City of Sacramento as well as the Boston Police Department websites have recently been hacked; and
WHEREAS: In order to prevent security vulnerabilities and keep sensitive information such as passwords and emails private, it has been suggested that the City examine their website for potential weak spots to ensure that residents and employees information remains protected; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Information Technology Department to examine any security vulnerabilities on the City website and report back to the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on whether there is an appropriate role for the City Auditor.

O-3     Feb 27, 2012
COUNCILLOR VANBEUZEKOM
WHEREAS: It is a goal of the Cambridge City Council to "Promote Public Safety and address the challenges and opportunities for multiple modes of transportation to safely share roads and sidewalks."; and
WHEREAS: The goals of the City's Transportation Demand Management Programs are to improve mobility and access, reduce congestion and air pollution, and increase safety; and
WHEREAS: The Parking and Transportation Demand Management (PTDM) Ordinance is a section of the Cambridge Municipal Code (Chapter: 10.18) that reduces vehicle trips and traffic congestion in the City by requiring Parking and Transportation Demand Management Plans for commercial parking facilities and other types of non-residential parking facilities over a specified size; and
WHEREAS: The PTDM Planning Officer shall prepare a report annually on the status and effectiveness of the implementation of this Ordinance. (Chapter: 10.18.090); now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide a written annual report for this ordinance within four weeks time to the City Council.

O-4     Feb 27, 2012
COUNCILLOR DECKER
WHEREAS: This City Council held a special council meeting on Wed, Feb 22nd, 2012 to discuss proposed MBTA service cuts and fare increases in Cambridge; and
WHEREAS: Public transportation is an integral part of our city's infrastructure; and
WHEREAS: The financial structure of the MBTA is unstable and needs a long-term financial restructuring if it is to remain viable; and
WHEREAS: It is important that the city is made aware of MBTA changes with adequate response time in the future; and
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department to appoint a local MBTA Advisory Council of Community Development Department staff and residents to meet regularly and assess MBTA funding, programming and service cuts; and be it further
ORDERED: That the City Manager be and hereby is requested to follow the variety of recommendations made (compiled by the CDD) and report back to Council; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Council and community regarding the progress of creating said advisory council and the status and advocacy needed.

O-5     Feb 27, 2012  Amended
COUNCILLOR REEVES
WHEREAS: Three strikes laws are statutes enacted by state governments in the United States which require the state courts to impose a life sentence (usually with the possibility of parole) to persons who have been convicted of two or more serious criminal offenses. Twenty-seven states currently have some form of habitual offender laws; and
WHEREAS: Because Three Strikes Laws disproportionately impact African-Americans and Latinos far more than white criminals, the laws are deemed to be unfair and discriminatory; and
WHEREAS: The rationale for decreasing crime through mass incarceration of violent offenders will ensnare the non-violent, the petty criminal, the drug dependent, and the mentally ill at an escalating cost of $47,000 per year; and
WHEREAS: Nearly 700 crimes in Massachusetts currently count as felonies, including breaking and entering, assault and battery on a police officer, possession of marijuana with intent to distribute, and unarmed robbery; and
WHEREAS: The Three Strikes proposal in Massachusetts, which supports massive long-term incarceration, will subsequently exacerbate an already over-crowded prison system and lead to an increased burden on Massachusetts' tax payers; and
WHEREAS: Cambridge, like many other cities and towns is under increasing financial pressure to maintain a balance between the provision of basic neighborhood services and to fulfill labor contract obligations that include salary and wage increases, health care costs, pension investments, and other benefits for city employees; and
WHEREAS: Scarcity of resources has led to city budget constraints, thereby, causing: public school personnel lay-offs; inadequate environmental maintenance of city owned facilities; the closing and merging of public schools and community centers; as well as, downsizing and uncertain futures within departments, such as, libraries, police, and fire; and
WHEREAS: Opponents of the three strikes bill include the Massachusetts Legislative Black and Latino Caucus in the Massachusetts House, as well as the Nation of Islam, the NAACP, The Center for Church and Prison, Boston Workers Alliance, Boston's Citywide Outreach Ministries, and the Massachusetts Association of Minority Law Enforcement Officers; now therefore be it
RESOLVED: That the City Council urges Governor Deval Patrick and the 187th General Court of the Commonwealth of Massachusetts to thoroughly review and publish the findings of the social and economic impact that the proposed 3-strikes habitual Bill may have on all Massachusetts' Cities and towns if passed and enacted; and be it further
RESOLVED: That the City Clerk be and hereby is requested for forward a copy of this resolution to Governor Deval Patrick and the 187th General Court of the Commonwealth of Massachusetts on behalf of the entire City Council.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Transportation, Traffic and Parking Committee held a public meeting on Thurs, Sept 8, 2011at 5:35pm in the Sullivan Chamber.

The purpose of the meeting was to discuss overall data collection for parking and enforcement statistics for bicyclists, motorists and pedestrians.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Councillor Leland Cheung; Deputy Superintendent of Police Steve Ahern; Sue Clippinger, Director, Traffic, Parking and Transportation Department; Cara Seiderman, Transportation Planner, Environmental and Transportation Planning Division, Community Development Department (CDD); and Deputy City Clerk Donna P. Lopez.

Also present were Andrea Williams, 236 Chestnut Street, Bicycle Committee member; Randy Stern, 12 Kenwood Street, Bicycle Committee member; Hong Liu, 2218 Massachusetts Avenue; and James Williamson, 1000 Jackson Place.

Councillor Kelley convened the meeting and explained the purpose. He stated that the basic theme of the meeting is how the city collects and manages statistics. He asked city staff to explain how statistics are collected.

Cara Seiderman, Transportation Planner, CDD distributed a document entitled Bicycle Trends in Cambridge (ATTACHMENT A). She noted that the Department was not clear on what the Committee Chair desired so they were not prepared. She noted that the department was trying to get the overall numbers of cyclists, pedestrians and cars to base decisions on and to put information in context. Both city-wide counts and counts for specific private/public projects are done, such as for street reconstruction projects. Cambridge does more counts on bicyclists and pedestrians than other communities. There is a 150% increase of bikes on the streets. Crashes are tracked based on where the crash occurred and the type of crash and the data is reviewed with the Police Department and the Traffic & Transportation Department to see what areas need the most attention. The good news is that bike use is up but reported crashes are down. Data on traffic projects are done before and after the project to see if the goal is achieved. The traffic project data that is reviewed includes turning movement counts and speed data. Surveys are done with residents and the City Smart Program's social media ability to determine transportation modes. There are statistics on bike ownership and the mode of travel by trip type. Many people are not conducting Single Occupancy Vehicle trips. Bike rack use and parking data is reviewed to determine the demand for additional bike parking.

Councillor Kelley commented that the budget reflects that the crash counts are up. Ms. Seiderman stated that the percentage of crashes is down.

Councillor Kelley asked if the data is collected so it can be managed and is the date accessible to the public. Deputy Superintendent Ahern stated that the data is entered into the police database and CPD can run queries. High crash locations are analyzed and personnel deployed with the goal of decreasing overall number of crashes. He cited that the Galleria Mall has the highest number of crashes, with its 2500 cars, but it is not left on CPD's crash list. In general, minor crashes are not considered as the goal is to decrease number of major crashes such as at Prospect and Broadway. Cars are making left turns at that intersection while pedestrians are crossing is a major issue there. Even low speed car/pedestrian collisions are likely to result in injuries. CPD gathers data on reported collisions even if there was no police response. Motorists are obligated to file an accident report with the jurisdictional police department when there is $1,000 worth of damage.

Ms. Seiderman noted that her department provides CPD with collision information if they have it, even if an accident was not reportable.

Councillor Kelley asked if an accident occurred on a state road is the report of the accident jurisdictional. Deputy Superintendent Ahern stated that it is jurisdictional, but Cambridge Police does get copies of the accident reports for roads under State Police jurisdiction. All collision information is reported regardless of the jurisdiction.

Councillor Cheung commented on bike riding on sidewalks in North Cambridge. He asked about pedestrian/cyclist accidents. Ms. Seiderman informed the committee that she appreciates the discomfort people express with bike riding on sidewalks but that there is virtually no data to be reported. Pedestrian - bike crashes are reported. Near misses of bike crashes are reported to CDD by the public. She stated that it is worth noting that people are uncomfortable but it is difficult to absolutely quantify.

Deputy Superintendent Ahern noted that if an officer responds, data is collected if it there were no injuries. There are perhaps a dozen incident reports of this type each year.

Councillor Kelley questioned how data is collected. Are bicycle citations sorted by location? Deputy Superintendent Ahern stated that bike violation data is collected, but it is difficult to identify the location of the violation. He stated that the police wanted the state in 2009 to add to the motor vehicle citation a block for bicycle violations. The difficulty is that there are two different databases working off of two different citation forms and the database for cyclists' citations is not very comprehensive. The location and bike offense can be identified, but this information is not imported into the motor vehicle data base. Cambridge Police had not thought they would have to wait this long for a better state bicycle citation so there was not emphasis put on making what they currently have work better. Councillor Kelley requested copies of the bike citation tickets, parking tickets, crash reports and query fields. (ATTACHMENTS B, C-1, C-2 AND D).

At 6:05pm Councillor Kelley opened the meeting to public comment.

Randy Stern, 12 Kenwood Street, Bike Committee member, stated that if the data is available, people might be able to figure out how to work with it.

Hong Liu, 2218 Mass. Avenue, submitted a written statement (ATTACHMENT E). She asked if bikes were discouraged on sidewalks. She requested statistics by location. She further stated that cars do not stop for pedestrians in crosswalks. She rides her bike on the sidewalk. However, she felt that from Central Square to Harvard Square bikes should not be allowed on sidewalks, but North Cambridge is different. North Massachusetts Avenue to Cogswell Avenue biking on sidewalk is allowed.

Andrea Williams, 236 Chestnut Street, Bike Committee member stated that a multi-modal commuting is needed. She requested intensive enforcement at major intersections like Western Avenue. The bike markings on the sidewalk get worn off. Maintenance for these markings is needed as it is tougher to worry about following the rules when the curb markings are worn.

Mr. Stern asked for clarification on the data collection. He understood that the motor vehicle violations do not contain information on bike violation. Deputy Superintendent Ahern explained that the database for bikes is a Cambridge database.

James Williamson, 1000 Jackson Place, stated that he was interested in pedestrian safety. He asked what information is collected. The data about bike violations do not reflect the problem. The data needs to be accurate to identify the scope of the problem. It is not clear where you can ride a bike on the sidewalk. The bike map is out of date. The no bike riding markings have been ignored.

The violation is the information that is collected stated Deputy Superintendent Ahern. There were 388 bike violations written in 2010 and 33 written in since January, 2011. No information is collected on warnings. There were about 840 directed patrols concerning bicycle enforcement. Officers are out in business districts and are educating the public. The Community Relations Unit has more tasks to do other than bike education.

Ms. Williams stated that she thought warnings worked.

Councillor Kelley stated that he did not think warnings worked as well as tickets. He also noted that a total of 33 tickets since the start of the year made it tough to argue that the police were making a serious effort at bicycle enforcement. In 2010 the bicycle enforcement statistics were, he noted, about 1 violation per day. He said it was difficult for him, as a City Councillor, is doing his job if this is the level of enforcement CPD is doing. Deputy Superintendent Ahern stated that resources are deployed were data shows they need to be. The police are doing more with less. In 2010 there were 17,520 moving violations issued and 10,989 issued for 2011 thus far.

Ms. Seiderman stated that it is helpful to focus on what is causing crashes, which is motor vehicles turning against the paths of cyclists. There are lots of reasons for crashes such as turning vehicles, angle and dooring. It makes sense to put the resources into what makes people safer. Deputy Superintendent Ahern stated that motor vehicle and bike violations cannot be compared- there are motor vehicle citations and bicycle violations. He noted that he thought if there was a legal opinion allowing it, people could look at violations. Councillor Kelley added that it was not clear to him that data was the only way to measure the issue. There is a lot of anecdotal information about problematic cyclists on sidewalks. He noted that there seems to be a lack of intentionality in the enforcement numbers. He stated that he is seeking a better understanding of how the data is collected. Behavior cannot be changed if there is no deterrent.

Mr. Williamson noted that the data is too thin about bike issues to argue it reflects the scope of the problem. He said he sees cyclists running red lights all the time, even with CPD officers around. He thinks lack of attentiveness is an issue, as is the lack of clarity on where cyclists should be on the sidewalk.

Councillor Kelley asked Ms. Clippinger about parking enforcement data. Ms. Clippinger stated that all fields are easily sorted except the address and getting the vendor to change the database is difficult as part of what it is used for is to collect money so the license plate and other vehicle identification is key. It is possible to sort on any data field but the spelling of addresses can be tough. For example, "Saint" may be written "St." or "st" or "Saint." There are 300,000-plus tickets written a year.

In response to a question whether there was GPS in the hand held devices that the CPO use Ms. Clippinger responded in the negative. Councillor Kelley thought it would be great to have a bike-lane ticket but Ms. Clippinger noted that the same offense could be issued a ticket that listed the offense as double-parking even if there were a bike lane-related ticket. Mr. Stern stated that this is an education issue.

Councillor Kelley stated that he does not see intent to keep cars out of bike lanes. With direct patrols he is not seeing behavior change. Ms. Clippinger commented that if the goal is to change behavior, the type of citation is not the issue.

Councillor Kelley said that he would like to know how much work it would be to sort ticket addresses.

A discussion ensued about the "best advantage point" for a police officer to be able to observe. Deputy Superintendent Ahern stated that the best advantage point could be outside a police car to manage an intersection, but the officer has to stand in the street with the motor vehicle coming at him. This is unsafe.

Mr. Stern stated that pedestrians are safer on sidewalks by making a safe place for bicyclists.

The committee was also in receipt an e-mail from Helen Foster (ATTACHMENT F).

Councillor Kelley thanked all attendees for their participation.

The meeting adjourned at 6:55pm.

For the Committee,
Councillor Craig Kelley, 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)

12-05. Report from the City Manager:
RE: report on the installation of bike helmet vending machines as part of the bike share program.
Mayor Davis and Full Membership 01/23/12 (O-5)

12-07. Report from the City Manager:
RE: report on how the City promotes and enforces the Cambridge Employment Plan.
Councillor Toomey and Full Membership 01/23/12 (O-7)

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)

12-09. Report from the City Manager:
RE: report on the use of coal and on Cambridge becoming coal-free.
Councillor Decker, Councillor vanBeuzekom and Full Membership 01/23/12 (O-11)

12-11. Report from the City Manager:
RE: report on the possibility of an early winter 2012 thermal scan.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor Toomey 01/30/12 (O-1)

12-12. Report from the City Manager:
RE: report on zoning changes for the Sullivan Courthouse and neighboring parcels.
Councillor Toomey, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor vanBeuzekom 01/30/12 (O-7)

12-13. Report from the City Manager:
RE: report on joining the NLC Prescription Discount Card program.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor Toomey 01/30/12 (O-9)

12-15. Report from the City Manager:  See Mgr #4
RE: report on the condition and maintenance of the elevators at the Manning Apartments.
Councillor vanBeuzekom, Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 02/06/12 (O-3)

12-16. Report from the City Manager:
RE: report on whether there is sufficient funding for a successful farmers' market season.
Councillor vanBeuzekom, Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 02/06/12 (O-4)

12-17. Report from the City Manager:
RE: report on revising the time restrictions of placing trash containers on the curb to better accommodate the senior citizen and disabled adult population.
Councillor Decker, Mayor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 02/06/12 (O-5)

12-18. Report from the City Manager:
RE: report on implementing EBT and debit card machines for city-wide use.
Councillor Cheung, Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 02/06/12 (O-6)

12-19. Report from the City Manager:
RE: report on altering the physical location of signal lights or of adding new signal lights at the super crosswalk in Harvard Square.
Councillor Kelley, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-3)

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)

12-21. Report from the City Manager:
RE: report on the ownership status of the Cambridge Street overpass and on the abilities of universities and other organizations to close off property owned by them but enjoyed by the public.
Councillor Kelley, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-6)

12-22. Report from the City Manager:
RE: report on the status of placing a bus shelter at the corner of Brookline and Erie Streets.
Vice Mayor Simmons, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher & Councillor Toomey 02/13/12 (O-7)

12-23. Report from the City Manager:  See Mgr #2
RE: report on the continuation of the Longfellow Community School Program and the Longfellow Neighborhood Council.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-9)

12-25. Report from the City Manager:
RE: report on developing a process which would require developers seeking zoning relief to build a model of the area impacted by the proposed developments.
Councillor Decker, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-12)

12-26. Report from the City Manager:
RE: report on resurfacing the courts at the Jimmy Johnson Street Hockey Rink and providing lighting for the playing area.
Councillor Toomey, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher & Vice Mayor Simmons 02/13/12 (O-13)

12-27. Report from the City Manager:
RE: report on the feasibility of using the washing facility at DPW for washing bicycles in the winter.
Councillor Kelley 02/13/12 (O-15)

12-28. Report from the City Manager:
RE: report on mechanism to include temporary ramps and more visible paint of obstructions in an effort to make construction zones safer for pedestrians and bicyclist.
Councillor Kelley 02/13/12 (O-16)

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.
Councillor Kelley 02/13/12 (O-17)