Cambridge City Council meeting - April 24, 2017 - AGENDA
Councillor Cheung was ABSENT.

CITY MANAGER'S AGENDA
1. A communication transmitted from Louis A. DePasquale, City Manager, relative to the FY2018 submitted budget and appropriation orders.
Referred to Finance Committee

2. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation and authorization to borrow $20,000,000 to provide funds for various water pollution abatement projects, including construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within the City’s Alewife Watershed, Cambridgeport neighborhood, and the Port neighborhood.
Passed to 2nd Reading

Apr 24, 2017
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $20,000,000 to provide funds for various water pollution abatement projects, including construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within the

City’s Alewife Watershed, Cambridgeport neighborhood, and the Port neighborhood. Funding will also

support the Sewer Capital Repairs Program and climate change preparedness efforts. This order is being submitted for the Apr 24, 2017 City Council meeting to allow the City Council to vote on this order on May 22, 2017 which is the projected date for City Council adoption of the FY18 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on Apr 24, 2017, the City will comply with all legal requirements so that the order may be adopted on May 22, 2017. Please see the Public Investment Section in the FY18 Submitted Budget for additional information on this project. The Finance Committee hearing on the FY18 Public Investment Budget is scheduled for May 10, 2017.

Very truly yours, Louis A. DePasquale, City Manager


Agenda Item Number 2     Apr 24, 2017

ORDERED: That $20,000,000 is appropriated, in addition to any amounts previously appropriated, for the purpose of financing the design and construction of various water pollution abatement projects, including but not limited to:

Construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within the Alewife Watershed, Cambridgeport neighborhood, and The Port neighborhood as well as the Sewer Capital Repairs Program and climate change preparedness efforts.

including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $20,000,000 and issue bonds or notes therefore under G.L. c.44 and/or Chapter 29C of the General Laws or any other enabling authority; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the City Manager determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the City Manager is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C or the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or a security agreement and/or financial assistance agreement with the Trust or the Authority and otherwise to contract with the Trust and the Authority and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the City Manager or any other authorized City official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects; and be it further

ORDERED: That any premium received by the City upon the sale of any bonds or notes approved by this vote, less the cost of preparing issuing and marketing them, and any accrued interest received upon the delivery of such bonds or notes, shall be applied to the payment of project costs approved by this vote, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation and authorization to borrow $4,000,000 to provide funds for the reconstruction of various City streets and sidewalks.
Passed to 2nd Reading

Apr 24, 2017
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $4,000,000 to provide funds for the reconstruction of various City streets and sidewalks. This order is being submitted for the Apr 24, 2017 City Council meeting to allow the City Council to vote on this order on May 22, 2017 which is the projected date for City Council adoption of the FY18 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on Apr 24, 2017, the City will comply with all legal requirements so that the order may be adopted on May 22, 2017. Please see the Public Investment Section in the FY18 Submitted Budget for additional information on this project. The Finance Committee hearing on the FY18 Public Investment Budget is scheduled for May 10, 2017.

Very truly yours, Louis A. DePasquale, City Manager


Agenda Item Number 3     Apr 24, 2017

ORDERED: That $4,000,000 is appropriated for the purpose of financing the repair and/or reconstruction of various City streets and sidewalks; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $4,000,000 under Chapter 44 of the General Laws or any other enabling authority.

ORDERED: Any premium received by the City upon the sale of any bonds or notes approved by this vote, less the cost of preparing issuing and marketing them, and any accrued interest received upon the delivery of such bonds or notes, shall be applied to the payment of project costs approved by this vote, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

4. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation and authorization to borrow $2,000,000 to provide funds for various School building infrastructure projects including roof repairs at the Fletcher Maynard Academy, and a new boiler at an elementary school.
Passed to 2nd Reading

Apr 24, 2017
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $2,000,000 to provide funds for various School building infrastructure projects including roof repairs at the Fletcher Maynard Academy, and a new boiler at an elementary school. This order is being submitted for the Apr 24, 2017 City Council meeting to allow the City Council to vote on this order on May 22, 2017 which is the projected date for City Council adoption of the FY18 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on Apr 24, 2017, the City will comply with all legal requirements so that the order may be adopted on May 22, 2017. Please see the Public Investment Section in the FY18 Submitted Budget for additional information on this project. The Finance Committee hearing on the FY18 Public Investment Budget is scheduled for May 10, 2017.

Very truly yours, Louis A. DePasquale, City Manager


Agenda Item Number 4     Apr 24, 2017

ORDERED: That $2,000,000 is appropriated, for the purpose of financing building renovations, including but not limited to, the following projects:

Roof repairs at the Fletcher Maynard Academy, and

Boiler replacement at an elementary school; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $2,000,000 under Chapter 44 of the General Laws or any other enabling authority.

ORDERED: Any premium received by the City upon the sale of any bonds or notes approved by this vote, less the cost of preparing issuing and marketing them, and any accrued interest received upon the delivery of such bonds or notes, shall be applied to the payment of project costs approved by this vote, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

5. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation and authorization to borrow $5,000,000 to provide funds for the Municipal Facilities Improvement Plan.
Passed to 2nd Reading

Apr 24, 2017
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $5,000,000 to provide funds for the Municipal Facilities Improvement Plan. Funds will support improvements at Fire houses including Inman Square, Taylor Square, and East Cambridge. Repairs and upgrades will be made at the Main Library, Robert W. Healy Public Safety building, and the Electrical Department shop at Third and Gore Street. Fire Safety, energy conservation, and accessibility upgrades will also occur at a number of municipal buildings.

This order is being submitted for the Apr 24, 2017 City Council meeting to allow the City Council to vote on this order on May 22, 2017 which is the projected date for City Council adoption of the FY18 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on Apr 24, 2017, the City will comply with all legal requirements so that the order may be adopted on May 22 2017. Please see the Public Investment Section in the FY18 Submitted Budget for additional information on these projects. The Finance Committee hearing on the FY18 Public Investment Budget is scheduled for May 10, 2017.

Very truly yours, Louis A. DePasquale, City Manager


Agenda Item Number 5     Apr 24, 2017

ORDERED: That $5,000,000 is appropriated, in addition to any amounts previously appropriated, for the purpose of planning and financing building renovations, including but not limited to the following projects in the municipal facilities improvement plan:

  • Improvements at Fire houses including Inman Square, Taylor Square, and East Cambridge
  • Repairs and upgrades at the Main Library, RWH Public Safety Building, the Electrical Department shop at Third and Gore Street and . Fire Safety, energy conservation, and accessibility upgrades at a number of municipal buildings; and

to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $5,000,000 under Chapter 44 of the General Laws or any other enabling authority; and be it further

ORDERED: Any premium received by the City upon the sale of any bonds or notes approved by this vote, less the cost of preparing issuing and marketing them, and any accrued interest received upon the delivery of such bonds or notes, shall be applied to the payment of project costs approved by this vote, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

6. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of the following person as a member of the Family Policy Council as the City Manager's designee: David J. Kale
Placed on File

Apr 24, 2017
To the Honorable, the City Council:
I am hereby transmitting notification of the appointment of David J. Kale as the City Manager's designee on the Family Policy Council, effective Apr 24, 2017.

Very truly yours, Louis A. DePasquale, City Manager

7. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of the following persons as member of the Community Preservation Act Committee for a term of five years, effective Apr 24, 2017: Anna Aldric and David Kale
Placed on File

Apr 24, 2017
To the Honorable, the City Council:

I am hereby transmitting for your notification, the appointment of the following persons as members of the Community Preservation Act Committee for a term of five years, effective May 1, 2017:

Anna Aldric
Anna is a member of the Conservation Commission and is being appointed to the Community Preservation Act Committee as outlined in Chapter 2.122.050

David J. Kale
David is the Assistant City Manager for Finance and is being appointed to replace Louis DePasquale on the Committee.

Very truly yours, Louis A. DePasquale, City Manager

8. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request for approval of an application for a Jitney License to VanGO, LLC.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

9. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the transfer of $9,431 from the Grant Fund Emergency Communications Other Ordinary Maintenance account to the Grant Fund Emergency Communications Salary and Wages account to cover overtime costs.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

10. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $2,500 from a donation from the Carl Barron Family to the Grant Fund Fire Other Ordinary Maintenance account to honor deserving members of the Fire Department with the Carl Barron Award for Administrative Excellence.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

11. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of a Mass Decontamination Unit (MDU) Grant from the Massachusetts Department of Public Health in the amount of $8,000 to the Grant Fund Fire Salaries and Wages account ($6,000) and to the Other Ordinary Maintenance account ($2,000) which will be used to enhance the protection of the two Cambridge hospitals in the event of an emergency contamination situation.
Adopted 8-0-1 (Cheung - ABSENT)

12. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $2,000 from the Hazardous Materials Emergency Preparedness Planning Grant from the Federal Emergency Management Agency to the Grant Fund Fire Department Travel and Training account which will provide funds for staff to attend a hazardous material conference in Baltimore, MD.
Adopted 8-0-1 (Cheung - ABSENT)

13. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of a grant from the State Executive Office of Public Safety, Department of Fire Services for $187,500 to the Grant Fund Fire Department Extraordinary Expenditures account to support the Fire Department’s Hazardous Response Team.
Adopted 8-0-1 (Cheung - ABSENT)

14. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of a grant from the State Executive Office of Public Safety and Security for $3,396 to the Grant Fund Fire Salaries and Wages account ($2,500) and to the Other Ordinary Maintenance account ($896) which will support the Senior SAFE Program that educates seniors in fire prevention, general home safety, and how to be better prepared in the event of a fire.
Adopted 8-0-1 (Cheung - ABSENT)

15. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of a grant from the State Executive Office of Public Safety and Security for $10,643 to the Grant Fund Fire Salaries and Wages account ($8,643), Grant Fund Fire Other Ordinary Maintenance account ($1,500) and the Grant Fund Fire Travel and Training account ($500) which will support the Student Awareness of Fire Education (SAFE) Program that educates students in the dangers of fire and how to be prepared in the event of a fire.
Adopted 8-0-1 (Cheung - ABSENT)

16. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation from the Urban Areas Security Initiative (UASI) through the Boston Mayor’s Office of Emergency Management in the amount of $13,352.39 to the Grant Fund Fire Department Salary and Wages account. The City has received this grant, as reimbursement for trainings performed in conjunction with the Urban Area Security Initiative (UASI).
Adopted 8-0-1 (Cheung - ABSENT)

17. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of a grant from the Urban Areas Security Initiative (UASI) through the City of Boston’s Office of Emergency Management for $50,000 to the Grant Fund Fire Extraordinary Expenditures account for the purchase of dive team and marine unit equipment which will provide funds to purchase an infrared camera for Marine 2 to aid in night search/rescue and navigation; replacement of electronic navigation equipment on Marine 1; and water rescue helmets, life jackets, exposure suits, dive gear bags, and a small life raft for Marine 1.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

18. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 17-17, regarding a report on a Tree Task Force to protect the Urban Canopy.
Placed on File

Apr 24, 2017
To the Honorable, the City Council:

In response to Awaiting Report Item Number 17-17, regarding a report on a Tree Task Force to protect the Urban Canopy, Public Works Commissioner Owen O'Riordan reports the following:

The Department of Public Works (DPW) is proposing to begin a master planning process specific to the City of Cambridge Urban Forest in the fall of 2017. This process will include the execution of a contract with an appropriately qualified consultant or consultant team to develop a strategic plan to protect, enhance and expand the City of Cambridge population of trees.

It is expected that the plan will consider the effects of climate change, development and land use, existing management practices, emergency response and recovery and those other conditions that affect the growing and caring for our trees.

It is expected that this project will involve the creation of a task force to assist and provide direction and feedback to the project team as it moves through the project. It is important that the proposed task force works harmoniously and in support of the ongoing efforts of the City’s Public Planting Committee (PPC).

To that end, discussions have been had and are ongoing with the PPC as to how the task force will engage with them. As of now, it is expected that the task force will include some members of the PPC, local experts, members of relevant local non-profit groups and government institutions and other members such that the task force properly reflects the City’s diverse communities.

Very truly yours, Louis A. DePasquale, City Manager

19. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of the following person as a member of the Recycling Advisory Committee for a term of two years, effective Apr 24, 2017:
New Appointments: Ilana Bebchick, Joel Dashnaw, David Frank, Martha Henry, Susy Jones, Liz Marr, Michael Papas, Anne Sherman, Matthew St. Onge, Quinten Steenhuis, Kristen Watkins;
Reappointments: Keith Cialino, Debby Galef, Rob Gogan, Debby Knight, Janet Mosley, Laura Nichols, Meera Singh and Mary Verhage
Placed on File

Apr 24, 2017
To the Honorable, the City Council:

I am hereby transmitting notification of the appointment of the following persons as members of the Recycling Advisory Committee for a term of two years, effective Apr 24, 2017:

Appointments
Ilana Bebchick
Ilana Bebchick has been an elementary educator for 20 years in urban and suburban districts. Ms. Bebchick worked as a bilingual and regular education classroom teacher and is passionate about teaching the 3 R's -recycling, reuse and reducing.

Joel Dashnaw
Joel Dashnaw is the territory manager at Save That Stuff, a recyclable materials waste service company. Mr. Dashnaw has experience in secondary science education and higher education administration and previously served on MIT Materials Management Working Group. He currently serves on Emerson College Waste Management Working Group.

David Frank
David Frank is the Director of Sustainability at Boston University Dining Services/Aramark. Mr. Frank previously worked as Sustainability Manager for Aramark at the University of Florida, LEED AP in Operations and Maintenance, performed LCA's, material flow analysis, and Cost/Benefit analysis.

Martha Henry
Martha Henry is the Executive Director of the Harvard AIDS Initiative. Ms. Henry, a Cambridge resident for over 25 years, has a background in communications and is interested in how to encourage a cultural shift to consume less.

Susy Jones
Ms. Susy Jones is the Project Manager at the MIT Office of Sustainability, facilitating innovating recycling, composting, reuse infrastructure & sustainable materials selection. Ms. Jones has ten years in the sustainability field.

Liz Marr
Liz Marr is the Communications and Training Development Manager at Harvard University Global Support Services. Ms. Marr is passionate about recycling, increasing awareness and education, and learning from and working with council members and City residents.

Michael Papas
Mr. Papas is interested in education on a community and business level -analyzing the cost efficiency of consuming less and recycling more.

Anne Sherman
Anne Sherman is the Director of Sustainability at Staach, a company creating custom furnishings and design for commercial environments.

Matthew St. Onge
Matthew St. Onge is the Executive Director for Boston Building Resources and has 23 years of experience in the building materials reuse field. He has comprehensive knowledge of recycling, composting and food rescue operations and is interested in opportunities to expand upon them.

Quinten Steenhuis
Quinten Steenhuis is an avid backyard gardener and composter, who works as an attorney and technologist at Greater Boston Legal Services.

Kristen Watkins
Kristen Watkins is a graduate student who has worked to develop sustainable waste systems for several small Nicaraguan islands. Ms. Watkins worked at Recology, piloting new recycling programs and waste collection strategies to help San Francisco reach its goal of "Zero Waste".

Reappointments
Keith Cialino
Keith Cialino is the NE Regional Marine Debris Coordinator for NOAA and has been involved in coastal cleanup efforts and has taught science in Boston Public Schools. Mr. Cialino has advised government policy with science expertise; spent six months in a rainforest project in Brazil; cofounded software company "made it!"; and won UMass Boston’s Entrepreneurship Center Business Launch Competition.

Debby Galef
Debby Galef has been a member since 2010, is a Cambridge resident, and is also a member of the Pedestrian Committee member.

Rob Gogan
Rob Gogan, of Harvard University’s Recycling & Waste Services, has been a member of the Recycling Committee for 20 years and wants to support the City's reuse initiatives.

Debby Knight
Debby Knight is a science teacher at the Cambridge Friends School, Recycling Center user, and has developed school gardens & beehives, making community events zero waste.

Janet Mosley
Ms. Mosley worked on recycling at Connecticut College and the University of Michigan School of Natural Resources: improving system sustainability & efficiency/ industrial ecology. Ms. Mosley has also worked with EPA on tools to measure material sustainability.

Laura Nichols
Laura Nichols is a lifelong Cambridge resident and has been a member of the Recycling Committee since 2010. Ms. Nichols serves as the Executive Director of the Cambridge Consumers Council; is a member of the Riverside Neighborhood Association; and organizes Cambridge Shred Day.

Meera Singh
Meera Singh has been a member of the Recycling Committee since 2014. Ms. Singh works with youth internationally on the Eco-Audit Program promoting sustainable practices in offices.

Mary Verhage
Mary Verhage has business experience in marketing, communications and strategic planning and successfully established a recycling program in her condo association, promoting reuse.

Very truly yours, Louis A. DePasquale, City Manager

20. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation not to adopt the Harding, et al Zoning Petition.
Referred to Petition

Date: April 18, 2017
Subject: Harding, et al., Zoning Petition
Recommendation: The Planning Board does NOT RECOMMEND adoption.

To the Honorable, the City Council,

On March 28, 2017, the Planning Board held a public hearing on this proposed amendment affecting the “Mass and Main” zoning subdistrict in Central Square. No representatives of the petitioners were present, but the Board heard testimony from a representative of the property owner most affected by the petition.

This area has been the subject of much study and review by the Planning Board over the past several years, including the Central Square (“C2”) Planning Study completed in 2013 and the subsequent petition by the property owners to create the Mass and Main subdistrict, which was adopted by the City Council in 2015. The Planning Board endorsed the C2 study and, after careful deliberation, recommended in favor of adopting the 2015 zoning amendment. More recently, in 2017, the Board reviewed and approved the Mass+Main development proposal, which conforms to the recently adopted zoning and which the Board found to be consistent with the goals expressed in the C2 study.

At this stage of the process, without having undertaken any new study to support a variation from the 2015 zoning amendment, and after the property owner has invested significant time and resources into a planning and permitting process that has involved extensive engagement with the community at various stages, the Board does not support amending the zoning ordinance as proposed.

Respectfully submitted for the Planning Board,
H Theodore Cohen, Chair

21. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of the following person as a member of the Envision Cambridge Focus Area Working Groups on Economy, Housing, Climate and the Environment, and Mobility. The Focus Area Working Groups are tasked with developing recommendations on topic-specific goals, strategies, and targets and indicators.
Placed on File

Apr 24, 2017
To the Honorable, the City Council:

I am hereby transmitting notification of the appointment of the following persons as members of the Envision Cambridge Focus Area Working Groups on Economy, Housing, Climate and the Environment, and Mobility. The Focus Area Working Groups are tasked with developing recommendations on topic-specific goals, strategies, and targets and indicators.

Economy
Chris Barr, a 10-year Cambridge resident is the Head of Community Relations at Biogen and serves on the executive team of the Cambridge Chamber of Commerce.

Tony Brooks grew up in Cambridgeport and opened Coast Café with his father and sister in 1997. He has a longstanding relationship with the community and 20 years of small business ownership experience.

Sarah Gallop will be representing MIT on the Economy Working Group. As the Co-Director of the Office of Government and Community Relations, she has experience and interest in the knowledge and innovation economy.

Theresa Hamacher is a resident of Neighborhood Nine and has lived in Cambridge for almost 20 years. She currently runs her own investment consulting business and has had a long career in investment banking and management.

Dave Holtz is a resident of Wellington-Harrington and a second year PhD student at MIT’s Sloan School of Management. His previous work experience has been as a data scientist at firms such as Facebook and Airbnb.

Denise Jillson, a longtime Cambridge resident, will be representing the Harvard Square Business Association on the Economy Working Group. Her experience as the Executive Director of the HSBA has provided her with insights into the business needs of both locally-owned independents and international brands.

Jay Kiely is the Senior Property Manager for Forest City Realty at the University Park campus. In addition to managing Forest City’s commercial portfolio and public spaces, Jay has built 17 years of experience working closely with commercial tenants and has a strong understanding of Cambridge’s commercial landscape. Jay is also the Chair of the Board of Directors of the Cambridge Chamber of Commerce.

Daniel Lander, a West Cambridge resident, has lived in Cambridge almost his entire life. He is currently pursuing his master’s in public policy at the Harvard Kennedy School where he focuses on social and urban policy.

Ivy Moylan, a Mid-Cambridge resident, is the Executive Director and Co-Founder of the Brattle Film Foundation.

Gina Plata will be representing Just-A-Start on the Economy Working Group. Gina has experience in workforce training and community development as Just-A-Start’s Director of Education and Training.

Daniel Shenfeld is a resident of Cambridgeport. He applies his PhD in mathematics from Princeton towards his data science work in the healthcare industry as well as volunteer tutoring at the Cambridge Rindge and Latin School.

Ottavio Siani is a Mid-Cambridge resident and has lived in Cambridge since 2009. As the owner of a café, Ottavio understands the perspectives of both small business owners and residents.

Saul Tannenbaum is a Cambridgeport resident and has lived in Cambridge since 1971. After a long career in information technology, Saul has focused on learning and writing about Cambridge’s demographics, industrial history, and economic future.

Mary Ting Hyatt is a Cambridge resident and the owner of Bagelsaurus, a café in Porter Square.

Ty Wilson is a Cambridge resident and the Head of Operations for CustomMade, a platform for furniture, jewelry, and home décor designers to interact with manufacturing experts.

The Envision Cambridge Advisory Committee representatives for the Economy Working Group are Ebi Poweigha and Ruth Ryals.

Housing
Leonardi Aray is a 15-year Cambridge resident and lives in Strawberry Hill. As a registered architect and small business owner, Leonardi has built a portfolio of housing developments nationwide.

Mark Boyes-Watson is a 30-year resident of Cambridge and started his architecture practice in the city in 1994. He has extensive housing design experience and an appreciation for Cambridge’s historic fabric.

Kelley Brown will represent MIT on the Housing Working Group. As a Senior Planner at the Office of Campus Planning, Kelley has experience in both academic and affordable housing planning and development.

Kathryn Carlson is an East Cambridge resident and the founder of a Cambridge-based bicycle start-up. She has previous academic and professional experience in economic research and interests in regional housing trends and macroeconomic issues.

Steven Cohen, a Mid-Cambridge resident, is president of the CEA Group and has experience with housing development and planning. He is a member of the Planning Board.

Lauren Curry, a resident of Cambridge for over 40 years, is representing Just-A-Start on the Housing Working Group. Through her work as a Development Project Manager, Lauren has established 20 years of experience in the community development world.

Lee Farris, a resident of Cambridge for over 35 years, has deep community roots in Area 4/the Port. Lee has a passion for affordable housing and community involvement.

Bob Flack is a partner at Twining Properties and a seasoned real estate development professional in the region.

Anthony Galluccio, a Mid-Cambridge resident, is a former City Councilor, Mayor, and State Senator. He worked on Cambridge’s initial inclusionary zoning and volunteers his time to youth and homelessness issues.

Esther Hanig has lived in Cambridge for over 35 years and is a current resident of Area Four / The Port. Esther is the Executive Director of Union Square Main Streets, an economic development non-profit.

Sean Hope is a third generation Cantabrigian and a current resident of Cambridgeport. He is a land use lawyer and former associate Zoning Board member.

Jesse Kanson-Benanav is a Wellington-Harrington resident. He works in affordable housing development.

Monique King is a resident of Cambridgeport. As a longtime Cambridge resident, Monique is excited about bringing a community-first perspective to the Housing Working Group.

Tom Lorello will represent Heading Home, a nonprofit organization focused on ending homelessness in Greater Boston, on the Housing Working Group.

Eva Martin Blythe will represent the YWCA on the Housing Working Group. As Executive Director, Eva has displayed leadership in carrying out a mission of ensuring equitable access to quality, affordable housing in Cambridge.

Margaret Moran will represent the Cambridge Housing Authority on the Housing Working Group. As Director of Planning and Development, Margaret has over 30 years of affordable housing experience.

Deborah Morse is an Agassiz resident and a residential real estate development professional at MassHousing. Deborah has extensive experience in housing development -from serving as director of real estate development at the Boston Housing Authority to consulting with the U.S. Department of Housing and Urban Development.

Cheryl-Ann Pizza-Zeoli is a resident of Wellington-Harrington. She has wide-ranging experience with affordable housing programs and tenancy issues in Cambridge, including serving as a founding member of the Alliance of Cambridge Tenants.

Susan Schlesinger is a Cambridgeport resident. For over 30 years, Susan has worked on issues of community development and affordable housing. She is currently the Chief Administrative Officer for the Massachusetts Capital Resource Company.

Ellen Shachter will represent Cambridge and Somerville Legal Services on the Housing Working Group. With 25 years of experience as a housing attorney, Ellen has a deep commitment to tenant advocacy and a strong understanding of housing law.

The Envision Cambridge Advisory Committee representatives for the Housing Working Group are Zuleka Queen Postel and Robert Winters.

Climate and Environment
Maggie Booz is a resident of Strawberry Hill and a registered architect. For the past 24 years she has owned her own design firm and is very interested in issues of landscape and vegetation in the public realm.

Maxwell Cohen was born and raised in Cambridge and currently lives in North Cambridge. He works as a renewable energy analyst.

Henrietta Davis is a former City Councilor and Mayor with a passion for addressing climate change and enhancing environmental sustainability. She has most recently worked with the city in a leadership role on net zero energy issues. She currently lives in Cambridgeport.

Sophia Emperador is a North Cambridge resident. Through her landscape architectural training and experience, Sophia has gained familiarity with hazard analysis, scenario planning, and environmental mitigation and adaptation strategies.

Cynthia Hibbard is a resident of Mid-Cambridge. She has over 30 years of experience in environmental engineering and climate consulting.

Emily Myron is a resident of Cambridgeport. She is an ecologist with a background in land conservation.

Mike Nakagawa has been a Cambridge resident for 20 years and currently lives in North Cambridge. He is an engineer with a strong technical knowledge of site pollution, floodplain issues, and the urban heat island effect.

Julie Newman will represent MIT on the Climate and Environment Working Group. As Director of Sustainability, Julie has 20 years of experience in sustainable development and campus sustainability.

Christopher Nielson is a Mid-Cambridge resident. As an architect, Christopher has industry experience with high-performance buildings and site-focused water and energy concerns.

Steven Nutter will represent Green Cambridge, a local non-profit focused on promoting sustainability and public health issues in the area. Steven serves as the Executive Director of the organization and has a background in urban planning and public policy.

Abigail Regitsky lives in Cambridge Highlands. She is an engineering PhD student at MIT whose work has focused on learning from natural processes to develop engineered products and systems.

Julianne Sammut is a resident of Neighborhood 9. As an environmental protection specialist at the EPA, Julianne uses her background in environmental analysis to manage and implement projects related to sustainability, remediation, and environmental management.

Claire Santoro is an Agassiz resident. She works as an environmental policy consultant at a Cambridge-based firm where she assists government agencies with the development and evaluation of policies and programs related to energy and the environment.

Joanne Scheuble is a resident of East Cambridge. She works as a non-profit communications and fundraising consultant and has a deep knowledge of environmental and climatic issues.

Juliet Stone grew up in North Cambridge and now lives in Riverside. Juliet has a background in community organizing and urban agriculture and possesses the creative outlook of an artist and photographer.

Henry Vandermark is a long time Cambridge resident and currently lives in Neighborhood 9. He has worked in the energy industry since 1978, and has a strong industry knowledge of solar thermal systems and green building techniques.

Jules Williams lives in Riverside. Jules’ current role at MassDOT involves work relating to greenhouse gas mitigation, travel demand management, and renewable energy planning.

The Envision Cambridge Advisory Committee representatives for the Climate and Environment Working Group are Zeyneb Magavi and Matt Wallace.

Mobility
Dave Allan is a Cambridgeport resident. Dave is a small business owner and a lifelong public transit rider with deep connections to the community.

Michelle Danila has lived in Cambridge for 10 years and is currently a North Cambridge resident. Michelle is a senior engineer at a planning, engineering, and landscape architecture consulting group where she focuses on bicycle and pedestrian master plans and guidelines.

Rachel Dias Carlson has lived and worked in Cambridge for the past six years and currently resides in Wellington-Harrington. Rachel is transportation engineer with an interest in the future of mobility and a passion for community involvement.

Chris Featherman is a resident of Neighborhood 9. As a teaching professor at Northeastern University, Chris’ research has focused on communication and community engagement.

Nate Fillmore is an East Cambridge resident. His current work as an academic researcher has combined with his blue-collar upbringing to give Nate a well-rounded perspective on Cambridge’s mobility needs.

John Gintell has lived in Cambridge for 50 years and currently resides in Mid-Cambridge. As a retired software engineer, John brings a technological approach to considering mobility issues.

Greg Heidelberger is a resident of Area 4/Port with an enthusiasm for his community and an interest in transportation issues.

Mark Jensen was born and raised in Cambridge and currently lives in West Cambridge. Mark’s transportation research and advocacy experiences have included engineering and management projects in Copenhagen and analyses of Boston’s regional rail issues.

Caitlin McMurtry is a resident of Riverside. She is a health policy PhD student at Harvard where she has worked on issues of public health and policy implementation. Caitlin is a bike commuter and is involved in bicycle infrastructure advocacy throughout the Boston region.

Steve Miller has lived in Cambridgeport for 40 years. He has been involved in transportation issues since the 1970s and has taken a particular interest in healthy transportation modes. He currently serves as the Executive Director of the Healthy Weight Initiative at Harvard’s School of Public health.

Rob Ricchi has been a Cambridge resident for over 10 years and currently lives in the Agassiz neighborhood. Rob works as an urban planner and has had a wide variety of transportation planning experiences.

Ruthann Rudel has lived in Cambridge for 20 years and currently resides in North Cambridge. Her work in public health has made her more deeply aware of the wellbeing implications of mobility decisions.

Emma Sandoe is a resident of North Cambridge. As a health policy PhD student at Harvard, Emma has gained an appreciation for the influence of transportation and land use on health.

Melissa Shakro will represent MIT on the Mobility Working Group. As a planner in the Office of Campus Planning, Melissa focuses on multi-modal commuting issues, and as a Cambridge resident she has deep interest in improving the city’s mobility.

Stacy Thompson will represent Livable Streets Alliance on the Mobility Working Group, a nonprofit group that advocates the shared use of streets and the promotion of public realm throughout the transportation network. As Executive Director, Stacy applies a background of community outreach and social justice to her mobility advocacy work.

Annie Tuan is a resident of Mid-Cambridge. As an avid cyclist, Annie has been involved in bicycle advocacy throughout the city and is well informed on issues of street design.

Dustin Weigl is a Cambridgeport resident. As a transportation, technology, and policy master’s student at MIT, Dustin is contributing to cutting-edge research in the transportation field. Dustin has a particular devotion to making our streets safer and eliminating bicycle and traffic casualties.

The Envision Cambridge Advisory Committee representatives for the Mobility Working Group are Ruth Allen and Bethany Stevens.

Very truly yours, Louis A. DePasquale, City Manager

22. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Temporary Emergency Shelter grant received from the Department of Housing and Community Development (DHCD) in the amount of $118,000 to the Grant Fund Human Services Other Ordinary Maintenance account which will used to subcontracted to the Cambridge YWCA to operate its family shelter from Mar 1, 2017 through May 31, 2017.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

23. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Low Income Heating Assistance Program grant in the amount of $14,040 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 Services Other Ordinary Maintenance account to provide funds to operate the Low Income Heating Assistance Program (LIHEAP) serving Cambridge and Somerville.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

24. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Shannon Grant received from the Metropolitan Mayors Community Safety Initiative through the Executive Office of Public Safety for $11,959.20 to the Grant Fund Human Services Salary and Wages account ($11,520) and to the Other Ordinary Maintenance account ($439.20) and will be used to support the design and implementation of the City Peace program, a violence peer leadership internship for teens through the Youth Centers.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

25. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $4,141,665 from the U.S. Department of Housing and Urban Development (HUD) to the Grant Fund Human Services Salary and Wages account ($267,992), to the Other Ordinary Maintenance account ($3,866,510), and to the Travel and Training account ($7,163) to help cover the costs related to serving homeless persons in Cambridge.
Adopted 8-0-1 (Cheung - ABSENT)

26. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Flatbread Benefit Night donation in the amount of $355.25 to Grant Fund Human Services Other Ordinary Maintenance account which will be used to support activities including monthly nutrition and healthy eating classes to the Haggerty Preschool.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

27. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Friends of the Community Learning Center (CLC) grant in the amount of $23,673 to the Grant Fund Human Services Salary and Wages account ($20,677), to the Other Ordinary Maintenance account ($1,596), and to the Travel and Training account ($1,400) which will be used to fund the classes, advising and coaching of the Bridge to College Program students from July 2017 through June 2018.
Adopted 7-0-2 (Cheung, Simmons - ABSENT)

28. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 16-95, regarding a report on standardized signage and markings.
Placed on File

29. A communication transmitted from Louis A. DePasquale, City Manager, relative to a notification of a request from MIT to perform a test installation of a range of sensor technology along Massachusetts Avenue between Vassar Street and Lansdowne Street, in proximity to the MIT campus.
Referred to NLTP, Public Facilities, Arts & Celebration Committee - Devereux

Apr 24, 2017
To the Honorable, the City Council:

The City has received a request from a group of researchers at the Senseable City Laboratory at the Massachusetts Institute of Technology (“MIT”), to perform a test installation of a range of sensor technology along Massachusetts Avenue between Vassar Street and Lansdowne Street, in proximity to the MIT campus. The researchers are planning to deploy multiple sensors that are capable of observing the behavior of pedestrians, cyclists, and drivers, monitoring and reporting on parking occupancy/availability, and measuring air quality. These sensors would be mounted on City-owned street light poles. Because some of the sensors that would be deployed involve the use of both thermal and optical cameras, I wanted to provide the City Council with notice of my intent to enter into a license agreement with MIT to allow this installation to take place. I felt that this notification is particularly important given ongoing concerns about privacy and the potential for surveillance, and in acknowledgement of the desire for transparency that is a key element in the draft surveillance ordinance that has been proposed to the City Council.

Many cities around the country and around the world are pioneering innovations in the areas of smart cities, which involves the deployment of technology initiatives within cities to provide more effective, lower cost, and more ubiquitous services to residents. Cities such as New York, Chicago, Kansas City, and others are beginning to deploy these technologies in both large and small ways, testing out a range of approaches to these rapidly growing applications. The MIT Senseable City lab is a leader in this field, and I believe partnering with them on this test installation will put the City in a strong position to experience multiple benefits:

Recognizing the privacy concerns that have been raised by some Cambridge residents, we believe that this test deployment includes a number of features that limit concerns about privacy.

Considering this issue in a broader context, this test installation will provide the City with an opportunity to gain additional experience with cameras (and other sensor technology) in a controlled way, with a research group that is interested in being as cooperative as possible to ensure that any concerns are taken seriously and are addressed in a meaningful way. The City has already gained some limited experience with the use of traffic cameras to count vehicles, using systems where the video feed is either analyzed “at the edge” in real-time using machine vision, or is only stored for as long as is necessary to perform that analysis and then deleted. In these instances, we have received limited questions regarding these installations, which we have been able to answer in a satisfactory manner. It is anticipated that the additional experience with this research installation will help to inform future policies and approaches on the future deployment of sensors and cameras, in a variety of different ways.

Based on all of these factors, I believe that approving this test installation and entering into a license agreement with MIT represents significant potential positive benefits in both the short-and long-term. As more and more cities begin to move in a similar direction and start to deploy an array of “smart cities” technology, I believe that it is important for Cambridge to be at the forefront of these developments, so that we can continue to delivery high quality public services in an efficient, effective, and equitable manner.

Very truly yours, Louis A. DePasquale, City Manager

30. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 17-15, Council Order Number 7 of 11/21/6 and Council Order Number 2 of 3/27/17, regarding an update on language in a proposed surveillance technology ordinance.
Placed on File

Apr 24, 2017
To the Honorable, the City Council:

I am writing in response to Council Order Number 7 of 11/21/16, Awaiting Report Item Number 17-15 and Council Order No. 2 of 3/27/17, an update on language in a proposed surveillance technology ordinance (the “Proposed Ordinance”).

The Law Department has been working with staff from a number of other City departments in order to comprehensively review the Proposed Ordinance in detail and to work on developing proposed revisions to it. The City team has met a number of times in order to discuss the operational ramifications of various sections of the Proposed Ordinance in connection with the operational needs of City departments, and how best to achieve the objectives of the Proposed Ordinance without unduly burdening City operations.

The Proposed Ordinance as drafted is complex and covers many areas of legislation in its scope. It is important that the Proposed Ordinance balance the goals of protecting the safety of people and property and promoting technological advances that will assist the City in its operations with the rights of individuals under the United States and Massachusetts Constitutions and other laws. The Proposed Ordinance as currently drafted is overly broad and prescriptive, in that, for example, it would require the City Manager to submit a lengthy surveillance use policy and surveillance impact report to the City Council for consideration and approval each time a City department seeks funds to purchase surveillance technology equipment.1

1 The Proposed Ordinance’s definition of surveillance technology is “any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information or communications specifically associated with, or capable of being associated with, any specific individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software,” including, but not limited to, international mobile subscriber identity catchers and other cell site simulators, automatic license plate readers, electronic toll readers, closed-circuit television cameras, and surveillance enabled or capable lightbulbs or light fixtures, among other things. The Proposed Ordinance’s definition of surveillance technology does not include routine office hardware, such as televisions, computers, and printers, parking ticket devices, manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings, among other things.

The surveillance impact report would be required to contain demographic and statistical reporting including detailed analysis by the City department seeking approval of a purchase as to how the use of surveillance technology would impact various populations in the City and what efforts would be undertaken to prevent abuse of surveillance data obtained with respect to heavily impacted groups. This would likely involve a significant commitment of time and other resources for even fairly routine expenditures that might delay or even forestall the work that such technologies is intended to accomplish. These expenditures could more optimally be addressed through broader legislative decisions established by the City Council in the Proposed Ordinance that are then implemented by the City Manager at an administrative level as to specific acquisitions and use of such technologies. The Law Department therefore does not recommend adoption of those portions of the Proposed Ordinance which could result in significant additional administrative hurdles that could cause operational difficulties for City departments. The Law Department also recommends against adopting those portions of the Proposed Ordinance which refer to data retention and requests for surveillance data, as such provisions are already covered by the Massachusetts Public Records Law and the Massachusetts Municipal Records Retention Schedule.

In order to put the issue into context, we thought it would be helpful to give the City Council a brief description of some of the surveillance practices that are currently employed by the City. For example, the Police Department utilizes a number of devices, software, and hardware that would likely be considered “surveillance technology” under the proposed surveillance technology ordinance. In today’s policing world, much of this technology is considered essential police equipment, and under the current law, is legally permitted without requiring a search warrant or other court approval prior to being utilized and/or obtained. Technologies such as Automated Fingerprint Identification Systems (AFIS), Combined DNA Index Systems (CODIS), Shot Spotter, Analyst Notebook, RMS/GIS mapping software, and public facing surveillance cameras are used by law enforcement agencies across the country on a daily basis to effectively solve crime and are legally utilized and/or obtained and without prior court approval. However, different technologies implicate different privacy concerns and constitutional rights, and can often require court approval or legal process prior to being utilized and/or obtained. Technology involving Cell Site Location Information (real time and historical), GPS tracking (by phone and device), and phone interception (i.e., wiretap) can often require prior judicial approval or legal process prior to being utilized and/or obtained; absent exigent circumstances, the Cambridge Police Department will seek a search warrant, court order or subpoena prior to utilizing and/or obtaining this type of surveillance data and technology.

In addition to the technologies employed by the Police Department, the below technologies are presently used by the Traffic, Parking, and Transportation Department:

There are other surveillance technologies used by various other City departments, including cameras that are used in cashier windows in the City such as the Treasurer’s Office and other departments, and key fobs for entry into numerous City buildings, including City Hall, as part of the overall system installed by the Department of Public Works, to name a few. Requiring the City Manager to submit a lengthy surveillance use policy and surveillance impact report to the City Council for consideration and approval each time a City department seeks funds to purchase or replace the above surveillance equipment would tie up a significant amount of staff time, whereas if the City Manager developed and followed a policy that comported with the goals of the City Council as established by the Proposed Ordinance, such staff time could likely be more productively spent on the other important responsibilities of City departments.

The Law Department recommends an alternative approach to the Proposed Ordinance whereby the City Manager would be required to develop and issue a policy that would codify the directives on surveillance use that would be set forth in a more succinct and streamlined ordinance. The City Manager could report back to the City Council to the extent any updates are sought by the Council. Consistent with that approach, City staff propose to revise the Proposed Ordinance so that it would establish the policy limits for the City’s use of surveillance technologies in general, as opposed to delving into very specific details which could result in operational problems for various City departments. For surveillance technologies not being used for law enforcement purposes, the Law Department recommends that the City post on the City’s website descriptions of various surveillance technologies that are in use. For example, the City could use the website as a venue to post a map of locations where cameras are being used to collect traffic counts, a description of the City’s key fob system, or a listing of the types of data being collected through the Parking Management Information System.

The Law Department recommends that the Proposed Ordinance require the City Manager to develop and issue a surveillance use policy for the City that would address some or all of the following:

Significant progress has been made to date toward revising the language in the Proposed Surveillance Technology Ordinance. The City staff who are working on this project are completing the additional work that needs to be done in order to present a comprehensively revised draft of the Proposed Ordinance to the Council for consideration. We expect that a proposed draft ordinance will be brought before the Council within the next few weeks.

Very truly yours, Louis A. DePasquale, City Manager

31. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 16-82, regarding a report on testing for chromonium-6 in the City's drinking water.
Placed on File

ON THE TABLE
1. An application was received from Mundo/Lux, requesting permission for a sandwich board sign in front of the premises numbered 2 Bow Street. [Charter Right exercised by Councillor Cheung on Dec 19, 2016. Placed On Table on a voice vote of 8 on motion of Councillor Cheung on Jan 9, 2017.]

2. The City Manager is requested to confer with the appropriate departments to organize regular suppers on the second Saturday of each month, starting on the 13th of August, with free food for the Cambridge community in open public spaces throughout the various Cambridge neighborhoods. [Charter Right exercised by Councillor Mazen on June 20, 2016. Tabled on a motion by Councillor Mazen on June 27, 2016.]

3. The City Manager coordinate with the Finance Department, Cambridge Redevelopment Authority, and community stakeholders to outline a proposed system of governance, management, and stakeholder engagement for the Foundry, to be discussed in a public forum with the Council and community. [Charter Right exercised by Councillor Toomey on Oct 31, 2016. Placed On The Table on voice vote of six members on motion of Councillor Toomey.]

4. That the City Manager is requested to work with the Traffic, Parking and Transportation Department and any other relevant City department to survey of city residents, work, and visitors to determine who is interested in parking in the City. [Charter Right exercised by Councillor Kelley on Jan 30, 2017. Placed On Table on a motion by Councillor Cheung on Feb 6, 2017.]

5. That the City Manager is requested to establish the requirement that all appointments to the City's commissions, advisory committees, and task forces reflect the City's diversity and that the Civic Unity Committee is asked to sign off on all such appointments going forward. [Charter Right exercised by Mayor Simmons on Feb 27, 2017. Tabled on a motion by Councillor Cheung on a voice vote of 8 members on Mar 6, 2017.]

UNFINISHED BUSINESS
6. An amendment to the Zoning Ordinance of the City of Cambridge in Article 8.000 entitled "Nonconformity" by deleting Section 8.23 in its entirety and substitute a new Section 8.23. The question comes on passing to be ordained on or after Apr 17, 2017. Planning Board hearing held Mar 21, 2017. Petition expires June 27, 2017.
Ordained 8-0-1 (Cheung - ABSENT); Ordinance #1393

APPLICATIONS AND PETITIONS
1. An application was received from Cambridge Trust Company, requesting permission for four awnings at the premises numbered 415 Main Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.
Re-file for clearer drawings - Carlone

2. A petition was received from MIT Museum, requesting permission for fifty-nine banners on poles along Massachusetts Avenue, from Memorial Drive to Sidney Street to promote visitation at the MIT Museum.
Order Adopted

3. An application was received from SYD + SAM, requesting permission for a projecting blade sign at the premises numbered 290 Concord Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutter.
Order Adopted

4. An application was received from Pressed Juicery, requesting permission for a projecting sign at the premises numbered 1380 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department, Historical Commission and abutters.
Order Adopted

5. An application was received from Cambridge Arts Council, requesting permission for seventeen temporary banners on light poles in the Cambridge Common as part of a public art project.
Order Adopted

COMMUNICATIONS
1. A communication was received from Megan Brook, 103 Inman Street, regarding leaf blowers.

2. Sundry communications were received, regarding Inclusionary Zoning.

3. A communication was received from Peggy Lynch, Certified Planting Designer, Greenhalgh Gardens, regarding Eversource and Emoluments.

4. A communication was received from Gina Coplon-Newfield, Directory of Electric Vehicles Initiative, Sierra Club, regarding electric vehicle charging stations.

5. Sundry communications were received in support of Policy Order #96 of Apr 3, 2017 authorizing and directing the House Committee on the Judiciary to investigate whether sufficient grounds exist for the impeachment of Donald J. Trump, President of the United States.

6. A communication was received from Peter Valentine, 37 Brookline Street, there is no future without knowledge.

7. A communication was received from Robert J. La Tremouille, Individually, and as Chair, Friends of the White Geese, regarding an update on the destruction of Memorial Drive by Cambridge and the DCR, part 4.

8. A communication was received from Peter Valentine, regarding the reason humans don't need robots. [“The reason humans don’t need robots is that humans can be any kind of robot they want, and the reason for that is that they possess within themselves the ultimate chip, which is The Creator of All of Existence.” True or not true.” – Peter Valentine, 4/6/2017]

9. A communication was received from the Philpott Family, thanking the City Council for their kind words on the "Celebration of Life" for their mother.

10. A communication was received from Rebecca Rutenberg, Chief Operating Officer, The Novus Group, transmitting the Airbnb -Cambridge Housing Report.

11. A communication was received from Peter Valentine, 37 Brookline Street, regarding a new dollar bill.

12. A communication was received from Robert J. La Tremouille, transmitting an update on the destruction of Memorial Drive by Cambridge and the DCR, part 5, proposal to destroy direct access to River Street Bridge from Soldiers Field Road / Storrow Drive Westbound.

13. A communication was received from Carol Weinhaus, 271 Concord Avenue, Unit 3 and Kristin Mahon, 267 Concord Avenue, Unit 1, transmitting additional signature to be added to the Observatory Hill Village District Overlay Petition.

14. A communication was received from Saul Tannenbaum, 16 Cottage Street, regarding the FCC leading us toward catastrophe.

15. A communication was received from Caitlin O'Neill, Director of Public Policy, Sonder, 271 Cambridge Street, regarding model language for professional short-term providers.


16. A communication was received from Nancy Murray, 204 Erie Street, in support of the proposed Surveillance Ordinance.

17. A communication was received from John W. Roberts, 321 Huron Avenue, regarding the City Manager’s Agenda response to the proposed Surveillance Ordinance.

18. A communication was received from Catherine Pedemonti, Coordinator of the Friends of Fresh Pond Reservation, expressing concern with the lighting on the Greenway Path will have on the wildlife.

19. A communication was received from Diana Lomakin, volunteer, Friends of Fresh Pond Reservation, regarding the lighting at Fresh Pond Reservation.

20. A communication was received from Rebecca Ramsay, Planning Committee member, Friends of Fresh Pond Reservation, 30 Churchill Street, in support of the Mayor holding a special meeting to discuss a new bike path to be located within the Fresh Pond Reservation.

21. A communication was received from Doug Brown, 35 Standish Street, regarding the Watertown-Cambridge Greenway Path lighting.

22. A communication was received from Nancy Ryan, 4 Ashburton Place, regarding the lack of a transparent public process relating to the proposed Surveillance Ordinance.

23. A communication was received from Deb Nicholson, 338 Norfolk Street, regarding the Surveillance Ordinance being overly broad or prescriptive.

24. A communication was received from Christopher Anne Afflect, 20 Granville Road, in support of the maximum possible transparency and public control of surveillance in the City.

25. A communication was received from Patrick W. Barrett, III 41 Pleasant Street, in opposition to the proposed short term rental draft zoning.

26. A communication was received from Charles Hines, 207 Charles Street, commented on the environment and trees.

27. A communication was received from Dolan Murvihill, 27 Marney Street, regarding the Surveillance Ordinance.

28. A communication was received from Chris Doherty, 30 Whitney Avenue, regarding the restoration of Magazine Beach.

29. Two communications were received from Lee Farris, 269 Norfolk Street, in support of the proposal submitted by Councillor Kelley on short term rental zoning amendment and moving toward 100% renewable energy.

30. A communication was received from Hasson J. Rashid, 820 Massachusetts Avenue, regarding items related to homelessness.

31. A communication was received from Betsy Ribble, 8 Grant Street, in support of civilian oversight of police surveillance and technology.

32. A communication was received from Jeb Farlow, 55 Magazine Street, regarding the importance of public oversight of the Surveillance Ordinance.


RESOLUTIONS
1. Happy 100th Birthday wishes to Helen Marqueduant.   Councillor Maher

2. Recognize the exceptional work of all departments involved in the Cambridge Common and Flagstaff Park project.   Councillor Carlone

3. Resolution on the death of Nanci K. Maloney.   Councillor Maher

4. Resolution on the death of Richard Buckner   Mayor Simmons

5. Congratulations to Nancy Tauber and Hector Acevedo of the Family Policy Council and Cambridge Youth Council, Code for Boston, Terravoz and Google on the launch of the new Find It Cambridge website.   Councillor Toomey

6. Resolution on the death of Doris A. (Dwyer) Fernandes.   Councillor Maher

7. Resolution on the death of Maria DeRosa Corda.   Councillor Maher

8. Resolution on the death of James J. Donohue.   Councillor Toomey, Councillor Maher

9. Congratulations to Neville Place at Fresh Pond on the occasion of the 15th Anniversary of its founding.   Councillor Toomey

10. Congratulations to Julian Bautista on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

11. Congratulations to Isabella Boyd on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

12. Congratulations to Emma Boyd on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

13. Congratulations to Sean Bryden on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

14. Congratulations to Ethan Chang on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

15. Congratulations to Jennifer Crisafulli on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

16. Congratulations to Dominic Crisafulli on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

17. Congratulations to Heemakshi Deka on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

18. Congratulations to Saul Delacruz on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

19. Congratulations to Rhea Desai on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

20. Congratulations to Nika Gavrilovic on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

21. Congratulations to Saskia Gilmer on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

22. Congratulations to Giancarlos Jaime Guzman on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

23. Congratulations to Chloe Hill on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

24. Congratulations to Jasmine Johnson on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

25. Congratulations to MacArthur Johnson on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

26. Congratulations to Neharika Kaushik on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

27. Congratulations to Tanush Kaushik on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

28. Congratulations to Raiag Khan on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

29. Congratulations to Albert Liu on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

30. Congratulations to Vanessa Marques Pineda on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

31. Congratulations to Vaikunthan Mathiyalakan on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

32. Congratulations to Aine McMahon on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

33. Congratulations to Briana Medina on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

34. Congratulations to Chris Partridge on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

35. Congratulations to Mihalis Protopapadakis on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

36. Congratulations to Uriel Ramos on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

37. Congratulations to Federico Rollo on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

38. Congratulations to Luis Ruiz on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

39. Congratulations to Max Sclar on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

40. Congratulations to Dhwani Sreenivas on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

41. Congratulations to Amanda Su on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

42. Congratulations to Michaela Tecson on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

43. Congratulations to Thu Tran on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

44. Congratulations to Lilla Velander on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

45. Congratulations to Ben Wilmerding on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

46. Resolution on the death of Richard Varella.   Councillor Maher

47. Congratulations to Fiona Zokou on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

48. Congratulations to Anahi Aguilon on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

49. Congratulations to MacArthur Johnson on completing Youth CITIES March-to-May Bootcamp.   Councillor Cheung

50. Resolution on the death of John Gerald Donaghy Sr.   Councillor Maher

51. Resolution on the death of Alice Hennessey.   Councillor Toomey

52. Happy 85th Birthday wishes to someone very special.   Mayor Simmons

53. Resolution on the death of Edward Myers, Sr.   Mayor Simmons

54. Resolution on the death of Mourad Mouradian.   Councillor Toomey


55. Congratulations to Wil Durbin and Ann Fiegen Durbin on the birth of their son Peter Fitzfiegen Durbin.   Councillor Kelley, Councillor Devereux, Councillor Cheung, Councillor Maher

56. Congratulations to Stewart Won and his wife Georgia on the birth of their son.   Councillor Toomey


ORDERS
1. That the City of Cambridge partner with the Department of Conservation and Recreation and the Cambridge Neighborhood Association to revitalize Magazine Beach.   Vice Mayor McGovern, Mayor Simmons
Order Adopted

2. That the City Manager is requested to ban all City employees from using City funds on services provided by United Airlines when alternatives exist.   Councillor Cheung, Mayor Simmons
Order Adopted

3. That the City Manager is requested to consult with the Community Development Department, the Department of Public Works, and the Conservation Commission and report back with a status update of the Community Garden program.   Councillor Devereux
Order Adopted

4. That the City Manager is requested to consult with the Community Development Department to present zoning regulations that allow urban agriculture to the City Council as soon as possible so that an Ordinance Committee hearing can be scheduled.   Councillor Devereux, Vice Mayor McGovern
Order Adopted

5. Proposed amendments to the Zoning Ordinance creating a regulatory framework to ensure the City's short-term rentals are legal, safe, and fair.   Councillor Kelley, Councillor Devereux, Vice Mayor McGovern, Councillor Toomey
Order Adopted

6. That the City Manager is requested to confer with relevant City staff, the Cambridge Housing Authority and any other organization providing housing to seniors to determine how the health of senior residents will be monitored during heat events and how the dangers associated with such events will be mitigated.   Councillor Kelley, Councillor Toomey
Order Adopted

7. That the Mayor is requested to forward the attached Policy Order to the School Committee for inclusion on their agenda with response back to the City Council after conferring with the City Manager and other relevant City departments regarding safety and security issues at CRLS.   Councillor Kelley, Vice Mayor McGovern, Councillor Toomey, Mayor Simmons
Order Adopted

8. That the City Manager is requested to work with City staff and relevant vendors to add a “standing water” category to Cambridge’s version of Commonwealth Connects.   Councillor Kelley, Councillor Cheung
Order Adopted

9. That the Public Safety Committee begin a public discussion of potential methods of regulating an internet-based delivery system that makes any part of any road a possible loading platform in a way that allows such uses to continue without putting other users of Cambridge’s roads in danger or unreasonably obstructing traffic.   Councillor Kelley, Councillor Devereux
Order Adopted

10. That the City Manager, in instances where there is no significant additional cost defined in regulations, or conflict with law, is requested to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S.-Mexico border wall.   Councillor Mazen, Councillor Devereux
Order Adopted

11. That the City Manager is requested to hold a community meeting to discuss the lighting design proposed for the path, steps being taken to make the lighting appropriate for the natural context of the Reservation, and steps being taken to make Greenway path safe and useful during evening commuting hours.   Vice Mayor McGovern, Councillor Devereux
Order Adopted

12. That the City Manager is requested to confer with the appropriate City departments to televise and record the City Council Roundtable/Working Meeting scheduled for Mon, June 5, 2017 at 5:30pm.   Councillor Devereux
Order Adopted

13. Urge the Cambridge Legislative Delegation in the State Legislature to do everything in its power to bring Massachusetts closer to 100% renewable energy by 2035, and ensure that the benefits of renewable energy are realized by Massachusetts residents from all walks of life and supporting a goal of using 100% clean and renewable energy in Cambridge, including in building energy use and transportation, by 2035.   Councillor Devereux, Vice Mayor McGovern
Order Adopted


14. That the attached language for 20.54.7 entitled Exemption rooftop spaces from FAR be substituted for the original petition submitted on February 27, 2017 and that said substituted text be referred to the City Council for consideration.   Councillor Cheung
Order Adopted

15. That the City Manager is requested to direct the Assistant City Manager for Community Development Department to request the retail strategy consultant to look into how roof top decks fit into the other retail plan strategies being developed for the City.   Councillor Devereux
Order Adopted

16. That the City Manager is requested to instruct the City Solicitor to provide a legal opinion as to whether this petition as amended is more restrictive and requires re-advertisement.   Councillor Devereux, Councillor Cheung
Order Adopted


COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Dennis J. Carlone and Councillor Leland Cheung, Co-Chairs of the Ordinance Committee, for a public hearing held on Apr 4, 2017 to conduct a general discussion on short-term rental uses throughout the City.
Report Accepted, Placed on File

2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Dennis J. Carlone and Councillor Leland Cheung, Co-Chairs of the Ordinance Committee, for a public hearing held on Apr 6, 2017 to discuss a petition by the City Council to amend the Zoning Ordinances in Article 20.50 entitled “Harvard Square Overlay and Harvard Square Historic District” by adding a new Section 20.54.7 Exempting rooftop spaces from FAR.
Report Accepted, Placed on File, Orders #14-16 Adopted

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Dosha E. Beard, Interim Executive Secretary to the School Committee, transmitting a copy of an order from the School Committee recommending the FY18 General Fund Budget of the Cambridge Public Schools be adopted in the sum of $183,046,445.00.
Referred to Finance Committee

HEARING SCHEDULE
Mon, Apr 24
5:30pm   City Council Meeting & Budget Overview  (Sullivan Chamber)

Tues, Apr 25
3:00pm   The Finance Committee will conduct a public hearing to discuss the Needs Assessment Report. This hearing to be televised.  (Sullivan Chamber)

Wed, Apr 26
1:30pm   The Transportation and Public Utilities Committee will conduct a public hearing to discuss the possibility of the City subsidizing the $30 unlimited monthly MBTA passes for low income CRLS students who participate in extracurricular activities.  (Sophie Room)
3:00pm   The Health and Environment Committee will conduct a public hearing to receive an update on the City’s urban forestry programs, tree inventory and maintenance, planting programs, the role of the Committee on Public Planting, the impacts of the drought on the urban forest, and any other matters related to trees.  (Sullivan Chamber)

Thurs, Apr 27
10:00am   The City Council will continue its Goal Setting Session at the Royal Sonesta Hotel, 40 Edwin Land Boulevard, Cambridge. This session is open to the public.

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

Tues, May 2
9:00am   The Finance Committee will conduct a public hearing to discuss FY2018 City Budget. This hearing to be televised.  (Sullivan Chamber)

Wed, May 3
3:30pm   The Ordinance Committee will conduct a public hearing on a zoning petition from Mark Lechmere, LLC, Owner and Amadan Management, LLC, Manager, of the property at 207 and 227 Cambridge Street to amend the existing zoning at that location to authorize the construction of a 45 unit residential building with small scale retail on the ground floor and parking below grade. This hearing to be televised.  (Sullivan Chamber)

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

Tues, May 9
6:00pm   The Finance Committee will conduct a public hearing to discuss FY2018 School Department Budget. This hearing to be televised.  (Sullivan Chamber)

Wed, May 10
9:00am   The Finance Committee will conduct a public hearing to discuss FY2018 City Budget. This hearing to be televised.  (Sullivan Chamber)

Thurs, May 11
9:00am   The Finance Committee will conduct a public hearing to discuss FY2018 City Budget (if necessary). This hearing to be televised.  (Sullivan Chamber)

Mon, May 15
4:00pm   2017 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, May 16
3:30pm   Housing Committee  (Sullivan Chamber)

Wed, May 17
3:30pm   The Economic Development and University Relations Committee will conduct a public hearing to discuss updates and data collected thus far for the Retail Strategic Plan, and other matters pertaining to the Study.  (Sullivan Chamber)

Thurs, May 18
3:30pm   The Ordinance Committee will conduct a public hearing on a zoning petition from the Friends of Observatory Hill Village, to establish the Observatory Hill Village Overlay District. This hearing to be televised.  (Sullivan Chamber)

Mon, May 22
5:30pm   City Council Meeting - Budget Adoption  (Sullivan Chamber)

Tues, May 23
3:30pm   The Ordinance Committee will conduct a public hearing to discuss a proposed Municipal Code amendment to Title 8 entitled “Health and Safety” by adding a new Chapter 8.69 entitled “Running Bamboo Ordinance.”  (Sullivan Chamber)

Wed, May 24
3:30pm   The Ordinance Committee will conduct a public hearing to discuss the zoning petition filed by Latoyea Hawkins Cockrill, et al. to regulate short-term rental uses throughout the City. This hearing to be televised.  (Sullivan Chamber)

Tues, May 30
4:30pm   The Public Safety Committee will conduct a public hearing to discuss the role of police officers in the community, the installation of a police substation in Central Square and the stationing of a uniformed police officer in City Hall.  (Sullivan Chamber)

Wed, May 31
3:30pm   Ordinance Committee  (Sullivan Chamber)

Mon, June 5
5:30pm   City Council Roundtable/Working Meeting to discuss Envision Cambridge citywide, including the Alewife planning. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, June 6
3:30pm   The Ordinance Committee will conduct a public hearing to discuss a proposed amendment to the Municipal Code in Title 6 entitled ”Animals” to insert a new Chapter 6.20 entitled “Restrictions on the sale of Animals in Pet Shops.”  (Sullivan Chamber)

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

Mon, June 19
5:00pm   Special Presentation - A Celebration of Cambridge Volunteers  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Aug 7
5:30pm   Special City Council Meeting  (Dr. Henrietta S. Attles Meeting Room, Cambridge Rindge and Latin School, 459 Broadway)

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

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

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

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

Mon, Oct 16
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

TEXT OF ORDERS
O-1     Apr 24, 2017
VICE MAYOR MCGOVERN
MAYOR SIMMONS
WHEREAS: Magazine Beach Park is the only stretch on the Cambridge side of the river that has the space to offer recreation, family gatherings and nature, that has the potential of becoming a destination; and
WHEREAS: Magazine Beach Park has been a favorite picnicking and swimming destination for Cambridge families for over 100 years; and
WHEREAS: Magazine Beach Park is the only stretch on the Cambridge side of the river that has the space to offer recreation, family gatherings and nature, that has the potential of becoming a destination; and
WHEREAS: Both the State and City have designated it as such in their 2001 Master Plan of the Charles River Basin and 2011 Cambridge Riverfront Plan: Reconnecting People to the Water; and
WHEREAS: Magazine Beach Park badly needs renovation with its broken picnic tables and benches, a broken wading pool, no play features, sunken pavement, and many dead or dying trees; and
WHEREAS: Landscape architects Crosby Schlessinger Smallridge have almost completed the design for the western part of the park (Phase II); and
WHEREAS: The Massachusetts Department of Recreation and Conservation (DCR) and the guardians of this park (that Cambridge created!) lack the capital to make all of the necessary improvements to the park; and
WHEREAS: Over the past few years, working collaboratively, the City, State and community have successfully restored the historic 1818 Powder magazine; and
WHEREAS: The City has already invested $1.5 million into the renovation of the playing fields and exercise area in the eastern part of the park (Phase I); and
WHEREAS: The Magazine Beach Committee of the Cambridgeport Neighborhood Association (CNA) is committed to continuing to advocate for the park, to raise funds to renovate it, and to organize summer programs for the enrichment of local children and families; now therefore be it
ORDERED: That the City of Cambridge partner with DCR and the CNA to revitalize Magazine Beach; and be it further
ORDERED: That the City make a substantial investment in Phase II improvements and explore with DCR the possibility of maintaining the park; and be it further
ORDERED: That the City Manager be hereby is requested to report back to the Council on this matter.

O-2     Apr 24, 2017
COUNCILLOR CHEUNG
MAYOR SIMMONS
WHEREAS: On Mon, Apr 10 a video emerged of a United Airlines passenger being bloodied and dragging off a flight that was overbooked; and
WHEREAS: United Airlines was attempting to make room on the flight for employees who were flying standby; and
WHEREAS: The victim was a doctor who needed to fly home to see his patients the next day; and
WHEREAS: The victim was an Asian male and the stereotype is that Asians will be submissive and unresisting; and
WHEREAS: Picking the victim to be involuntarily removed from the flight could be construed as a hate crime; and
WHEREAS: United Airlines CEO issued an unacceptable and Orwellian apology for having to “re­accommodate” the victim; and
WHEREAS: United Airlines has a history of poor service and questionable practices, including denying three young girls from flying for wearing leggings; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ban all city employees from using city funds on services provided by United Airlines when alternatives exist; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this order to United Airlines headquarters on behalf of the entire City Council.

O-3     Apr 24, 2017
COUNCILLOR DEVEREUX
WHEREAS: There are currently 14 community gardens to serve all of Cambridge, whose population has been climbing and will continue to do so with the anticipated housing growth in areas like Alewife and North Point that are not well-served by existing community gardens; and
WHEREAS: Community gardens are increasingly important in a city as dense as Cambridge, as in addition to providing residents space to grow food and foster community, they offer public areas of green, permeable space and add natural beauty to our urban environment; and
WHEREAS: Residents must apply for a community garden spot, and priority is given to residents with no other land on which to garden; and
WHEREAS: Due to the program’s enormous popularity, residents who apply and are accepted are often placed on a waitlist, with the average wait time exceeding two years; and
WHEREAS: The Community Garden at Fresh Pond has been temporarily closed this year, and is scheduled to be reconstructed and moved closer to the Water Treatment Facility at 250 Fresh Pond Parkway some time in 2018 and the Sacramento Street garden is also slated for changes this year due to the reconstruction of the adjacent field and park; and
WHEREAS: In light of a growing hunger problem in Cambridge, limited access to inexpensive fresh and healthy food in some neighborhoods, and a growing interest in farm-to-table cooking, there is a need to expand opportunities for community gardens and urban agriculture; and
WHEREAS: The City of Cambridge’s Community Garden Policy was last revised in 2013; and
WHEREAS: As Cambridge contemplates broader citywide planning goals, including open space, and since it has been four years since the Community Garden Policy was last revised, the time has come to review the policy, consider any appropriate changes to offer greater access, and reflect on the successes of the program; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Community Development Department, the Department of Public Works, and the Conservation Commission and report back to the City Council with a status update of the Community Garden program, including the current status of waitlists, average time spent on waitlist, turnover rates and compliance with policies, if low-income residents can be given priority, and a list of sites being considered for new gardens, including at CHA properties and elsewhere on City property.

O-4     Apr 24, 2017
COUNCILLOR DEVEREUX
VICE MAYOR MCGOVERN
WHEREAS: The Community Development Department and the Cambridge Public Health Department are finally close to presenting the draft of an Urban Agriculture Ordinance and to promulgating related public health regulations; and
WHEREAS: The City Council passed a Policy Order on Jan 30, 2017 asking for an update on the status of the Urban Agriculture Ordinance, which is still on the Awaiting Report List (AR 17-8); and
WHEREAS: The Community Development Department and Cambridge Public Health Department held a community meeting on Mar 22, 2017, at which they “presented an overview of the state of the Urban Agriculture policy and solicited feedback from the community”; and
WHEREAS: At the March 2017 meeting, staff explained that regulations would come in two parts, the first being public health regulations promulgated by the Public Health Department that support urban agriculture while limiting health risks, and the second being zoning regulations that allow urban agriculture activities in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Community Development Department to present zoning regulations that allow urban agriculture to the City Council as soon as possible so that an Ordinance Committee hearing can be scheduled before the summer.

O-5     Apr 24, 2017
COUNCILLOR KELLEY
COUNCILLOR DEVEREUX
VICE MAYOR MCGOVERN
COUNCILLOR TOOMEY
WHEREAS: Over the past year, this Council has received a wealth of public commentary regarding short-term rentals, communicated through public testimony, working groups, community meetings, hearings in both the Ordinance and Joint Housing and Public Safety Committees, meetings with various stakeholders, and through scores of emails, and together these communications have given ample examples of the opportunities and challenges that short-term rentals pose in Cambridge; and
WHEREAS: The many owner-occupied operators who have shared their experiences with the Council are a testament to why Cambridge remains such a welcoming City to visitors the world over, and the provisions put forward in this proposal have benefited from their input; and
WHEREAS: The attached proposal creates a regulatory framework to ensure the City’s short-term rentals are legal, safe, and fair; now therefore be it
ORDERED: That the attached amendments to the Cambridge Zoning Ordinance be forwarded to the Ordinance Committee and Planning Board for a hearing and report.

Zoning Ordinance Chapter 4.60—Short-Term Rentals

4.60 Short-Term Rentals

4.61 Purpose. This ordinance shall provide regulations to make the operation of short-term rentals legal for Cambridge residents, protect the safety of renters and residents, ensure that the primary use remains residential, and to ensure that short-term rentals will not be a detriment to the character and livability of the surrounding residential neighborhood.

4.62 Definitions

  1. Short-term rental. Any rental in a residential dwelling stipulated to be less than 30 consecutive days and used for residential purposes only.
  2. Short-term renter. Any person or persons occupying a short-term rental in exchange for payment for a duration of less than 30 consecutive days.
  3. Owner-occupied unit. Any dwelling unit with short-term rentals that is also the primary dwelling unit for its operator, or occupied by the primary leaseholder, with three or fewer rooms for rent for fewer than 30 consecutive days each.
  4. Owner-adjacent unit. Any dwelling unit used for short-term rentals, not occupied by the owner, in a residential building with four or fewer total units where all units are owned by the same person, and one of the four units is used as the primary place of residence for the owner.

4.63 Applicability. The regulations of this chapter shall apply to all districts where residential uses are allowed.

4.64 Requirements. Short-term rentals are permitted in all districts where residential use is permitted subject to the following limitations.

  1. All short-term rentals are either in owner-occupied units or owner-adjacent units.
  2. All short-term rental operators are registered with the Inspectional Services Department prior to use and occupancy.
  3. The dwelling unit is compliant with all standards and regulations established by the Inspectional Services Department and Fire Department for the safety and wellbeing of short-term renters.
  4. The proprietor of a short-term rental operates no more than one (1) owner-occupied unit and one (1) owner-adjacent unit.
  5. Operators of short-term rentals remit to the appropriate body all fees and taxes as promulgated by the City and/or State authorities.
  6. The operator maintains liability insurance appropriate to cover the short-term rental use of not less than $1,000,000 to cover bodily injury and property damage arising from use.

An owner-adjacent unit may be rented out only as a whole unit to one party of short-term renters at any one time and the number of unrelated guests must be in compliance with the City’s existing limits on unrelated individuals cohabitating.

The number of short-term rentals in an owner-occupied unit shall be limited by the number of bedrooms licensed for occupancy in the unit and by the City’s existing limits on unrelated individuals cohabitating.

Advertising or renting for an hourly rate, or less than ten (10) consecutive hours, shall not be permitted.

Commercial meetings and uses are prohibited with short-term rentals.

4.65 Standards.

  1. The following information shall be posted in all owner-adjacent units in a manner as defined by the Inspectional Services Department:
    1. Compliance with the City’s recycling and composting programs.
    2. An emergency-exit diagram in all bedrooms used for occupancy and on all egresses in the unit.
    3. When the operator of a short-term rental is not present, the contact information for a locally available contact designated to respond to all emergencies and problems that may arise during the rental, whether from renters, neighbors or municipal authorities.
    4. Compliance with all Inspectional Services Department and Fire Department codes.
  2. The Inspectional Services Department must verify that each bedroom to be rented to short-term guests:
    1. Meets all building code requirements for bedroom occupancy. Bedrooms to be offered for short-term rental are required to be inspected within 30 days of registration to ensure compliance with standards set by the Inspectional Services Department and then on a regular timetable to be set by that same department.
    2. Meets all requirements set forth by the Fire Department.
  3. No owner-adjacent unit may be rented or advertised on any short-term rental platform before an inspection has been completed, or 30 days has transpired since registration was submitted by the operator, whichever comes first.
  4. The operator of an owner-adjacent unit shall keep accurate books and records, make them available upon request of the Inspectional Services Department, and maintain such books and records for a period of three years.
  5. Short-term rentals shall not adversely affect the residential character of the neighborhood nor shall the use generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person’s enjoyment of his or her residence.

4.66 Registration. All dwelling units offered for short-term rental shall register with the city and secure a permit according to guidelines issued by the License Department, and pay all associated fees. All operators shall provide the City with proof that one of the units in the structure is used as the operator’s primary residence, either by: 1) providing proof of enrollment in the Cambridge residential tax exemption program, or; 2) providing an affidavit, signed under the pains and penalties of perjury, stating that the building being used for short-term rentals is the operator’s primary residence, and a copy of their most recent Massachusetts income tax returns.

It is the responsibility of the short-term rental operator to obtain the permit every two years. The permit requires the operator to agree to abide by the requirements of this section, and document that the required notification requirements have been met.

  1. Notification
    1. All operators of short-term rentals must prepare a notification letter that:
      1. Describes the operation and number of bedrooms that will be rented to overnight guests; and
      2. Includes information on how to contact the operator and a backup contact by phone.
    2. All operators will mail or deliver the notification letter to all residents and owners of abutting property and across the street from the short-term rental unit(s).

4.67 Enactment. The requirements of this chapter shall take effect on Jan 1, 2018. The City may inspect and issue permits for short-term rentals to operators who voluntarily seek to register before enactment. If a short-term rental operator complies with all other sections of this chapter and completes registrations with the Inspectional Services Department within 60 days of the enactment of this chapter, they may continue to operate until an inspection has been completed. Operators that register after 60 days has transpired since the enactment of this chapter will be subject to the provisions of 4.65.3.

O-6     Apr 24, 2017
COUNCILLOR KELLEY
COUNCILLOR TOOMEY
WHEREAS: Climate change is already making summers in New England hotter; and
WHEREAS: Seniors are particularly at risk of heat-related health impacts; and
WHEREAS: The City cannot subsidize the use of air conditioners for senior residents living in Cambridge Housing Authority units; and
WHEREAS: The isolated nature of living for many seniors in apartment buildings may increase the dangers of heat waves, air quality events, power outages, and other similar concerns; and
WHEREAS: Seniors citizens living in Cambridge Housing Authority units are precisely those residents who are most vulnerable to heat waves and related heat events; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff, the Cambridge Housing Authority and any other organization providing housing to seniors to determine how the health of senior residents will be monitored during heat events and how the dangers associated with such events will be mitigated and to report back to the City Council on this issue prior to the start of summer.

O-7     Apr 24, 2017
COUNCILLOR KELLEY
VICE MAYOR MCGOVERN
COUNCILLOR TOOMEY
MAYOR SIMMONS
WHEREAS: During School Year 2015-2016, an anonymous source made numerous internet-based threats of bombings and shootings against Cambridge Public Schools (CPS); and
WHEREAS: There was never any public closure for these events in terms of identifying the individual(s) who made the threats, publically reviewing school security and communication measures based on lessons learned from the threats, or reviewing teacher/staff/Public Safety officer training to help be better prepared for future events, to include clarification of whether students who miss school due to threats of violence will be allowed to participate in non-school activities such as sports; and
WHEREAS: Swastikas have been written on bathroom doors in Cambridge Public School buildings and at least one fire has been lit in a CRLS bathroom with no clear communication from School Department staff or city Public Safety officials on where the investigations into these instances stand or what measures are being taken to avoid them in the future; now therefore be it
ORDERED: That Her Honor, the Mayor, be and hereby is requested to forward this Policy Order to the School Committee for inclusion on their agenda and respond back to the City Council after conferring with the City Manager and other relevant City departments the status of the following:

O-8     Apr 24, 2017
COUNCILLOR KELLEY
COUNCILLOR CHEUNG
WHEREAS: Standing water in everything from discarded tires to plastic buckets poses significant and expanding public health threats because it provides breeding grounds for, among other things, mosquitoes that carry and can transmit dangerous diseases; and
WHEREAS: Determining who is responsible for managing this risk can be very challenging; and
WHEREAS: The risk is so ubiquitous that City staff cannot possibly monitor and act on all potential threats; and
WHEREAS: This is the sort of challenge that the public assistance offered by Commonwealth Connects is ideal for helping to meet; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with City staff and relevant vendors to add a “standing water” category to Cambridge’s version of Commonwealth Connects.

O-9     Apr 24, 2017
COUNCILLOR KELLEY
COUNCILLOR DEVEREUX
WHEREAS: Ride-sharing services such as Uber and Lyft, and product delivery services such as Fed Ex and UPS offer access to a variety of internet-based goods and services; and
WHEREAS: These services require the vehicle driver to have access to the curb or the right-hand edge of the road where the vehicle stops for passenger pickup or drop off or for package delivery, and additionally these same curbs are sometime crowded by mobile billboards; and
WHEREAS: As the attached pictures show, parking in this manner often but intermittently blocks marked bike lanes and, where no bike lanes are present, the part of the road cyclists most commonly use; and
WHEREAS: The constant use of this part of Cambridge’s roadways often makes traffic patterns less predictable, blocks traffic, and endangers cyclists who have to swerve around vehicles pulling in front of them or passengers suddenly opening doors in front of cyclists; now therefore be it
ORDERED: That the Public Safety Committee begin a public discussion of potential methods of regulating an internet-based delivery system that makes any part of any road a possible loading platform in a way that allows such uses to continue without putting other users of Cambridge’s roads in danger or unreasonably obstructing traffic.

O-10     Apr 24, 2017
COUNCILLOR MAZEN
COUNCILLOR DEVEREUX
WHEREAS: President Donald J. Trump issued an Executive Order on Jan 25, 2017 titled "Border Security and Immigration Enforcement," attempting to harass and destabilize immigrant communities around the United States; and
WHEREAS: Executive Order "Border Security and Immigration Enforcement" directs the Administration to prioritize construction of a U.S.-Mexico border wall, deportation of undocumented immigrants, and the withholding federal grant funding from cities and states that harbor undocumented immigrants; and
WHEREAS: The construction of such a wall contradicts the core principles and values of the City of Cambridge and its residents; and
WHEREAS: The funding necessary to build such a wall could be more efficiently spent instead to serve immigrant communities in need; and
WHEREAS: The City of Cambridge is committed to the fair and just treatment of immigrants, regardless of their ethnicity, religion or place of origin; and
WHEREAS: Immigrants in Cambridge already face additional barriers to social capital, career readiness, living wage employment, and educational attainment; and
WHEREAS: Immigrants play a vital role in Massachusetts’ economic and civic life comprising over 14 percent of the state’s population; and
WHEREAS: Immigrants share of tax-filers at almost 17 percent is higher than their share of population; and
WHEREAS: Over 71 percent of immigrants are employed in the labor force compared to 67 percent of non-immigrants; and
WHEREAS: Immigrants are institutionalized at lower rates than non-immigrants translating into about $279 million less in institutionalization costs; and
WHEREAS: More than one third of the doctorates held by Massachusetts residents are held by immigrants; now therefore be it
ORDERED: That the City Manager, in instances where there is no significant additional cost defined in regulations, or conflict with law, be and hereby is requested to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S.-Mexico border wall; and be it further
ORDERED: That current City of Cambridge contracts with businesses that are contractually engaged to provide any services or such services or goods to build all or part the U.S.-Mexico wall, should not be renewed or otherwise extended; and be it further
ORDERED: That the City of Cambridge calls on cities, counties and other jurisdictions throughout the country to adopt a similar policy denouncing the construction of the U.S.-Mexico wall and calling for the refrain from entering into new or amended contracts to purchase goods or service from businesses that provide goods or services in support of building the U.S.-Mexico wall.

O-11     Apr 24, 2017
VICE MAYOR MCGOVERN
COUNCILLOR DEVEREUX
WHEREAS: The City of Cambridge and the State are partnering on a bike path that will partially run through the Fresh Pond Reservation; and
WHEREAS: Current plans include adding lighting to this stretch of the path; and
WHEREAS: Some members of the community are concerned about how this lighting may impact wild life, while others feel the lighting is necessary for the path to be successful; now therefore be it
ORDERED: That the City Manager be and hereby is requested to hold a community meeting to discuss the lighting design proposed for the path, steps being taken to make the lighting appropriate for the natural context of the Reservation, and steps being taken to make Greenway path safe and useful during evening commuting hours.

O-12     Apr 24, 2017
COUNCILLOR DEVEREUX
WHEREAS: The Mayor has scheduled a Roundtable/Working Meeting for Mon, June 5, 2017 at 5:30pm for the Council to receive an update on the Envision Cambridge citywide planning process; and
WHEREAS: Envision Cambridge is a matter of significant public interest and attention; and
WHEREAS: It would be a great benefit to the public to have this Roundtable/Working Meeting televised for those who cannot attend in person; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to televise and record the City Council Roundtable/Working Meeting scheduled for Mon, June 5, 2017 at 5:30pm.

O-13     Apr 24, 2017
COUNCILLOR DEVEREUX
VICE MAYOR MCGOVERN
WHEREAS: Mass Power Forward, a coalition of dozens of leading environmental and community development organizations, clean energy businesses, faith groups, and neighborhood health and safety advocates, has called upon cities and towns to support its platform to accelerate the transition to 100% clean, renewable energy by reducing dependence on fossil fuels; and
WHEREAS: The Commonwealth of Massachusetts is heavily reliant on energy that comes from fossil fuels that pollute our air, water and alter our climate; and
WHEREAS: Massachusetts communities are already feeling the impacts of climate change in rising temperatures, increased risk of flooding, and more intense and frequent storms, as described in the recently completed Climate Change Vulnerability Assessment; and
WHEREAS: The City of Cambridge is working diligently to reduce its carbon emissions and to promote clean energy, including participating in the Massachusetts Department of Energy Resources Green Communities Program, supporting private and public solar installations, adopting the Net Zero Action Plan, constructing Net Zero schools, promoting electric vehicles, promoting the use of renewable energy through the Cambridge Energy Alliance, and converting to LED streetlights, among other efforts; and
WHEREAS: Clean energy production brings many benefits to Massachusetts, including reducing pollution, creating tens of thousands of clean energy jobs, and retaining more of our energy dollars in the local economy; and
WHEREAS: Cambridge has been a leader in the fight against global warming, and has a responsibility to continue to set a positive example for other towns and cities to follow; and
WHEREAS: Massachusetts can source 100% of its energy from clean, renewable sources by harnessing its abundant solar and wind resources, and taking advantage of innovations in energy efficiency, green transportation, energy storage, and other technologies; and
WHEREAS: The transition to 100% renewable energy will promote employment opportunities and economic growth in our communities, facilitate local control and ownership over energy options, and bring tangible benefits to low-income residents and others who have historically been disadvantaged by our energy system; now therefore be it
RESOLVED: That the City Council go on record urging the Cambridge Legislative Delegation in the State Legislature to do everything in its power to bring Massachusetts closer to 100% renewable energy by 2035, and ensure that the benefits of renewable energy are realized by Massachusetts residents from all walks of life; and be it further
RESOLVED: That the City Council go on record supporting a goal of using 100% clean and renewable energy in Cambridge, including in building energy use and transportation, by 2035; and be it
RESOLVED: That the City of Cambridge will continue to take concrete actions to promote clean energy and reduce fossil fuel use, including but not limited to municipal solar projects, energy efficiency upgrades, community choice aggregation, municipal fleet replacement, installing public electric vehicle charging stations, Net Zero municipal construction, promoting and participating in community solar projects, developing a “Solar Ready” Ordinance, and prioritizing public transportation; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Council on progress made on this matter with regular status updates.


O-14     Apr 24, 2017
COUNCILLOR CHEUNG
ORDERED: That the attached language for 20.54.7 entitled Exemption rooftop spaces from FAR be substituted for the original petition submitted on February 27, 2017 and that said substituted text be referred to the City Council for consideration.

O-15     Apr 24, 2017
COUNCILLOR DEVEREUX
ORDERED: That the City Manager be and hereby is requested to direct the Assistant City Manager for Community Development Department to request the retail strategy consultant to look into how roof top decks fit into the other retail plan strategies being developed for the City.

O-16     Apr 24, 2017
COUNCILLOR DEVEREUX
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor and the Assistant City Manager for Community Development Department to provide the City Council with information on whether the proposed amendment to the Zoning Ordinances exempting roof top decks from FAR could be limited to commercial use with public access versus private uses and to provide suggested modified language to the petition on lighting, noise, modeling, size or specific uses to the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion as to whether this petition as amended is more restrictive and requires re-advertisement.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee, comprised of the entire membership of the City Council, held a public hearing on Tues, Apr 4, 2017 at 3:35pm in the Sullivan Chamber. The purpose of the hearing was to conduct a general discussion on short-term rental uses throughout the City.

Present at the hearing were Councillor Carlone and Councillor Cheung, Co-Chairs of the Committee; Councillor Devereux; Councillor Kelley; Councillor Mazen; Vice Mayor McGovern; Mayor Simmons; Chris Cotter, Housing Director, CDD; Nancy Glowa, City Solicitor; Robert Reardon, Director of Assessors; Ranjit Singanayagam, Commissioner of Inspectional Services; and Donna P. Lopez, City Clerk.

Also present were Linda Lowe, 45 Rindge Avenue; Catherine LeBlanc, 14 Tufts Street; Tobias Foglia, 215 Norfolk Street; Doug Yoffe, 50 Follen Street; Albertina Santana, 59 Norfolk Street; Gladys Contreras, Somerville; Maria Rivera, Revere; Alex Auriema, 51 Rice Street; Nancy Ryan, 4 Ashburton Place; Peter McLaughlin, 273 Cambridge Street; Fred Dow, 3 Hollis Park; Sophie Mark-Ng, 13 George Street; Sherri Tucker, 854 Massachusetts Avenue; Will Burnes, Airbnb; Andrew Low, Cambridge; Juliette Terry, 116 Chestnut Street; Carolyn Shipley, 15 Laurel Street; and Sherry Madden, 70 Griswold Street.

Councillor Cheung convened the hearing and read the call of the hearing. He stated that the meeting is being audio and video recorded. He explained the purpose of the hearing. This has been an on-going discussion in the Public Safety Committee on short term rentals (STRs) and this is part of transitioning the subject to the Ordinance Committee. This is a general discussion of STRs and there is expected outcome from this hearing. He stated that the Cockrill petition, regarding STRs, is not before this committee at this time. He outlined the format of the hearing.

Councillor Kelley, Chair of the Public Safety Committee, outline the work done on this issue in the Public Safety Committee. Councillor Kelley stated that he and Vice Mayor McGovern have been working to develop safe, legal and fair regulations for STR. There have been a number of public hearings and working group meetings on this issue. This work has been done to find the balance between STRs as they exist and STRs as they might exist. There is a proposed zoning amendment that will be forwarded to the City Council at the Apr 24th City Council meeting (ATTACHMENT A) which is not before this committee because it has not been formally introduced. The idea was to have these hearings without interaction with the Ordinance Committee before forwarding to the Ordinance Committee process. This proposal creates a system that is safe, legal and fair. He stated that Cambridge is not the only place that is facing the Airbnb challenges. He explained that he is using "Airbnb" as a shorthand for the term short term rentals (STRs). Rentals less than 30 days are STR and more than 30 days is just considered a rental. He stated that he is attempting to formalize regulations for STR and to make sure that the STR are safe for those who use them. He stated that the Airbnb space that he has used was not legal living space, but did work for him, but the results could be problematic. Councillor Kelley suggested reviewing the proposed zoning ordinance draft that will be submitted on Apr 24, 2017. He stated that there are four sticking points. He spoke having a personal connection between the person who owns the unit and is renting the unit out as a STR and that unit. His proposal is that the host is either living in the unit and rent rooms in the unit. This is defined as owner-occupied. The other type of Airbnb STR is an owner adjacent unit. This is slightly different. There is still the personal connection between the owner and the unit, but the owner does not live in the particular unit. The owner would live in the building and own the building and the building would not have fewer than 4 units. The owner of the unit and the building could rent one unit in which the owner does not live in as an entire unit for 29 days or less under the proposal. This keeps the personal connection and if a neighbor has concerns with things occurring in the unit or there is a safety issue, the owner is more apt to deal with the situation more quickly than an investor. He stated that Airbnb STRs offer an opportunity to buy property and then use it as hotel in a residential district. The definition is the first change. Second issue is the requirement for owner occupied and the owner adjacent units, which are slightly more rigorous. There are different requirements for both categories. The regulations are designed to give all a safe place to stay and to give the Inspectional Services and Fire Departments and the License Commission the tools to develop regulations to further Airbnb as safe, legal and fair opportunities for housing. He stated that different standards apply to the two different STRs. He stated that the third issue is when these regulations become active. There is no way that city staff will be able to inspect, certify and license all the existing Airbnb units that would be allowed under this ordinance. He stated that once people apply they are deemed eligible to run an Airbnb in those units and then the City will inspect the units and cannot operate until inspected. The inspection issue may turn up problems for hosts. He added that entering into the Airbnb system hosts will be interacting with City departments. The regulatory requirement will insure that the units are safe. The last issue is how these would be licensed and that the neighbors are notified of the Airbnb operating in their neighborhood. He thanked the Director of Assessor for helping with this issue.

Councillor Cheung asked City Staff to come forward to discuss any issues.

Mr. Cotter, Housing Director, stated that the issue is what the key balance is for STRs and their availability and removing housing stock from the market. He noted that data has been reviewed as to what the number of the units are that are removed from the market. There are close to 300 full units are offered as full Airbnb units from someone with multiple listings. This has an impact on the market. He stated that this needs to be looked at closer.

City Solicitor Glowa stated that the draft mentioned by Councillor Kelley has not been seen. The earlier draft has been seen and seems similar. She wanted time to review the current proposal to see if there are consistency issues prior to its submission. She stated that where this will be part of the zoning ordinance there is no need for enforcement and penalty sections because it will be part of the overall zoning ordinance. This is comprehensive and will be reviewed for consistency.

Inspectional Services Commissioner Singanayagam this is restricted to four units and it is easier to enforce rather than multiple unit buildings.

Councillor Carlone asked if there is a policy that you cannot rent to 4 unrelated people in a unit. Commissioner Singanayagam replied that 4 or more unrelated person becomes a lodging house in the Building Code and Zoning Ordinance. Councillor Carlone is there a bedroom limit. He stated that in New York City and there were five bedrooms and the owner was not there and more than one individual was in each bedroom. He stated that if you cannot have four unrelated people in a house without it being a lodging house this would be the same for Airbnb. City Solicitor Glowa stated that the issue relates to the definition of family in the ordinance. This has to do with actual occupancy and STR uses although part of the residential use category are not the same as establishing residency. There are potential complexities in this type of issue and this needs to be reviewed. She stated that the number of people in a short term relation is governed by the same principles as permanent residency would be. Councillor Carlone asked what the limitations are. This does change residential code from a one or two family to something different. City Solicitor Glowa stated that there are Sanitary Code issues and business use issues which could relate how this is treated. This needs to be reviewed by Law, Community Development and the Inspectional Services Departments. Commissioner Singanayagam stated that there are restrictions in the Sanitary Code for square footage, for the size of bedrooms which need to be enforced. Councillor Carlone noted that affordable housing is the number one concern in the City even with 300 units taken off the market there is no maximum number with this and this could keep increasing. A two family becomes more attractive from an economic point of view. This is going in the wrong direction. It is different when it is a separate unit. The number of units could change. Mr. Cotter stated that a snapshot was reviewed and found there are 283 full unit listings by a host reporting two or more units in Cambridge. He stated that without regulations this number could change. If this is limited to units in buildings with four or fewer units the number may decrease. He added that the impact on the market remains to be seen. There is a small number of hosts who own a large number of listings. He stated that 27% of full unit listings were controlled by 6% of hosts. Councillor Carlone does this increase the value of a second family house if the intent is to rent the second unit as an Airbnb. Mr. Cotter stated that it would depend on the absorption of the unit as an Airbnb and if more revenue would come from the unit as STR rather than from a single month lease.

Councillor Devereux stated that she supported the framework created by the Public Safety Committee hearing. She noted that having the physical connection is important. This could increase the value of two family house. Renting a unit as an Airbnb could be more costly to manage. This could be reviewed for its effectiveness. She asked about condo associations that do not want to have STRs and landlords who do not want the primary lease holder renting STR. Do they have the right to do this? City Solicitor Glowa stated that condo associations are governed by a master deed or trust document and the association owns the common areas of the building and condo owners own the interior of their unit. She added that this use would be governed by the condo documents. This can be changed by an agreement with the condo owners and the association. She is happy with the framework suggested by Councillor Kelley. She draws the line at single, two family, three family and condos.

Councillor Cheung stated that it would help the City Council to know how this affects affordability. How does 300 units affect the market and does not seem like much but could get to a point where it would be significant.

Councillor Mazen stated that 300 units is significant and this can be assessed by asking if 300 market rate or under-market rate units would affect the population. He stated that Councillor Kelley's approach to this is the right approach. Although we need to keep an eye on this as it progresses. This could get away from the City quickly. He stated that people need to be told not to predicate a 30 year loan based on this income. This is a changing field with changing regulations at the local and state level. He wanted to see how this works for all the reasons stated. He spoke about his experience with Airbnb. He wanted to advance this legislation and wanted a mandate and responsibility to check back on this as the numbers change and the market may be impacted.

Vice Mayor McGovern spoke about goals and his concerns. He spoke about the reduction of the number of housing units taken of the market by STR, to prevent hosts who are using STRs solely as a commercial industry, to regulate STRs so that hosts are not operating illegally, to allow individual hosts who are using revenue from STRs to help supplement their income and to ensure that guests in STRs are being safe in the Airbnb units. He stated that the proposal submitted by Councillor Kelley achieves all of these things. He spoke about raising the Inclusionary Zoning rate to 20%. This battle needs to be fought on multiple fronts. This is a supply and demand issue in this City on housing. He wanted to see how much Airbnb is growing in the City. This will not decrease unless there is regulatory action. He supported Councillor Kelley's proposal.

Councillor Cheung asked is it logically feasibility to inspect all units before being rented. He asked if there are codes that need to be followed if an owner rents their unit or does Inspectional Services come and inspect the unit. Commissioner Singanayagam stated that if the applicants applies for a permit to conduct a STR it needs to be inspected. Councillor Cheung asked about feasibility and the burden placed on the department. Commissioner Singanayagam replied that it would put a burden on his staff. Councillor Cheung stated spoke about a scenario where he rents his condo and his tenants will be gone could he rent it out as a STR or tell tenants to find another place to live. Councillor Kelley stated that this proposal would prevent Councillor Cheung from renting out the unit as a STR, but not prevent the tenants from renting out the unit as STR. The inspection question needs to be figured out because departments would not be able to inspect units within thirty days from registering as an Airbnb. He spoke what is expected from city staff on inspection and the rules promulgated reflect the responsibility. Councillor Kelley 4.62 (c) and (d) spoke about proving residency and a signed affidavit. This needs to be solidified.

Councillor Cheung spoke about tweaking is his concern at the margins. His tenant will be gone and he is here and he should be able to rent his condo as an Airbnb. Councillor Kelley the line is that you do not live in that building.

Public comment began at 4:19pm   on motion of Councillor Cheung.

Lydia Lowe, 45 Rindge Avenue, lives next to a 2 family and it was sold to an investor and was shocked it sold it for $1.3 million. It was purchased and is used as a STR. Her concern is the housing crisis. She stated that STR are being purchased for rental and making it difficult for families to live in Cambridge. She supported a stronger ordinance for only owner-occupied but did support Councillor Kelley's proposal as a compromise.

Catherine LeBlanc, 14 Tufts Street, expressed her concerns about influx of people and safety issue. She wanted it for residents rather than visitors.

Doug Yoffe, 50 Follen Street, owns property and manages a condo property. The rule in the building is STRs are not allowed. He has a smaller building and has 6 vacancies. He stated that the prices are going to be the prices. He stated that today on Craig's List there were 120 vacancies. When he entered $1,600 the number dropped to four vacancies. The price will be the price the market will bear. People should be allowed to rent STR when they do not live in it.

Alex Auriema, 51 Rice Street, stated that he teaches at HU Extension School and the Workforce Program. He has never met his landlord because he lives in Shanghai. This proposal will affect him and have dire effect on those less fortunate. He encouraged all City Council to look at an on-going study being done by the Urban Planning Department at McGill University in partnership with an economist that exposed the effects of Airbnb on the NY housing market. He stated that the results are troubling. The study showed that 5% of long term rental housing was removed from the entire New York market in the last 3 years by STR. This is 21,000 long term rental units removed from Brooklyn and Manhattan in New York in the last 3 years. He spoke about the rent gap caused by Airbnb. He stated that landowners can earn more money from different use of the property than from the existing use. This estimate is 150% -300% more revenue generated per unit when use is switched from long term rental to STR and adjacent conversions. How long before his landlord realizes his property is worth more on Airbnb as a STR.

Nancy Ryan, 4 Ashburton Place, spoke about the last time that STR were discussed in the Sullivan Chamber. She spoke about all the positive conversation from the hosts who supplemented their income. She stated that then the investors and lobbies showed up and turned whole buildings into STRs. Airbnb Corporation became a money machine for its owners and investors. She stated that Cambridge's rental opportunities are being turned into little hotels full of strangers with few safeguards for visitors, neighbors or neighborhoods. It is time to turn the STR rental market back to what it was. She supported the proposal submitted by Councillor Kelley, but preferred that STR be allowed only for owner or lease holder occupied homes.

Peter McLaughlin, 273 Cambridge Street, stated that he works for Sonder, a professional provider of furnished housing in Kendall Square. He wanted a definition that covers the operation such as Sonder that provides a professional 24/7 response. The people who work for the company are vetted and the company has insurance and provides a need to constituents from the universities. He stated that this proposal would put this product out of business. He stated that he sees where this is heading. He did not want a giant loophole to be created. He suggested a professional provider could provide services to Cambridge constituents for corporations, universities and hospitals. He wanted to be able to apply for a roof top variance where they can operate in certain buildings of a certain size and would control the number of apartments, the location and the operator and would allow companies such as Sonder to operate. He stated that if this ordinance passes as is Sonder would not operate and not operate for longer terms. He spoke about registration for companies that would pay a tax would be known to the City and compliance would be easier to monitor.

Sherri Tucker, 854 Massachusetts Avenue, stated that this way of using apartments are detrimental to Cambridge and residents. This will change Cambridge. How long has it taken to get 300 low income apartments and then take off 300 units from the market? She wanted it restricted to be rented out for owner occupied hosts. She wanted safeguards included.

Juliette Terry, 116 Chestnut Street, stated that she has seen changes in Cambridge. Cambridge is in a housing crisis. She stated that STR are taking away from residents who want to live in Cambridge long term. She favored the passage of the Inclusionary zoning that was passed, but it is not enough. She did not want developers owning the buildings. These should be spaces where long term residents can live so that they can give back to the community.

Carolyn Shipley, 15 Laurel Street, stated that neighborhood and community is the foundation and the glue that make the City. With Airbnb coming into the City she envisions a street where two or three or more properties on the street are Airbnb properties with people who do not care about the neighborhood. She commented that with fewer neighbors and voters on that street there will be fewer residents to build community. Cambridge needs rental units for families. Airbnb goes against affordable housing. She stated that Councillor Kelley's recommendation will help to stem the loss of housing for Cambridge residents. She spoke about the time involved to rent units even for a small time. She found Airbnb unethical and untrustworthy.

Sherry Madden, 70 Griswold Street, stated that she is a single income household with two children. She noted that the end of Rent Control changed Cambridge. She stated that she is an Airbnb host and it has been a positive experience for her. They are professional and helpful and this has helped her pay for college for her children. She stated that the ordinance may not apply to her but she is concerned with "entire listing" will this affect her. She asked what the difference between Airbnb and Craig's List is. She noted that Craig's List is not regulated. It is important to have affordable housing in Cambridge. She stated that she saw houses not being maintained with Rent Control. She spoke about affordable housing in the City for the working class.

Will Burnes, spoke on behalf of Airbnb, and appreciated in participating in productive conversation with all parties about home sharing in the City of Cambridge. He stated that Airbnb is home to good travelers, hosts and good neighbors who want to contribute to their community. He stated their hosts have been engaged in the conversation since August. He stated that since that time Airbnb has cooperated with data requests in Cambridge and will continue to do so. Feedback has been received on enforcement, protecting the quality of neighborhoods and affordable housing. He stated that in the future Airbnb will be engaging in discussion with the City of Cambridge and will offer full assistance in identifying technical solutions, share data and to ease the enforcement process. He stated that the goal is to identify a method that would allow Airbnb to share data on the host community with the City to ensure that the hosts are complying with applicable local registration requirements. He stated that he wanted to ensure that the City is armed with tools to address complaints with the rare host that does not abide with the host community norms. He stated that in Chicago Airbnb created a complaint line and is willing to offer the same to Cambridge departments with a direct line to Airbnb so that the complaints can be dealt with as quickly as possible. He stated that Airbnb did not condone removing units from the housing market and placing them on the STR market. He added that according the Airbnb data there are 240 entire home units that have been rented for more than 180 days in Cambridge. There are tools to limit the total number of units that can be rented out. He stated that capping the entire number of days that a unit can be rented out would go a long way to ensure that long term rental units are not flipped or turned exclusively into STRs. He stated that he appreciates the opportunity to work on this important issue.

Marianne Hart, Hollis Street, stated that she owns a two family house; the first floor apartment have rented for longer term rentals, more than one month rentals on Airbnb. She commented that there are many who rent for longer terms than one month on Airbnb. This allows them flexibility with their first floor apartment. Academic rentals have gaps in the calendar. She has no interest doing STR. She commended Councillor Kelley for his work on the ordinance which is balanced and fair. She requested that this be forwarded to full City Council with recommendation favorable.

Vice Mayor McGovern closed public comment at 4:52pm.

Councillor Devereux stated that regarding the 300 units she did not want to get hung up with the number because this is a snapshot. She stated that some of the 300 units may not qualify under this new system. Mr. Cotter stated that it is unknown if the units are owner occupied and would be allowed under the current proposed ordinance. This was a snapshot analysis.

Councillor Kelley stated that he did not bring up STRs impact on affordable housing, because it is difficult to define. There is an effect but he does not know how this can be quantified. Airbnb is the term used and what Airbnb states is good for Airbnb and they cannot dictate what is good for Cambridge.

Mayor Simmons stated that she is still confused. In 4.62 in definitions under this proposal an STR is a rental under 30 days and she heard Mr. Burnes speak of rentals for 180 days. She stated that under this proposal that may be adopted a unit in your home or an adjacent unit may be used as an STR up to 30 days but there is no cap on how many times this can be done. She questioned what is accurate. Councillor Kelley stated that Airbnb has an economic interest in this. Cambridge will pass its own ordinance with input from various sources. He explained that STRs can be rented up to 29 days and can be rented as many times as the owner wants to as long as it is properly licensed and inspected. He stated that after 29 days it is no longer a STR. Councillor Kelley STR is by definition the rental of the property and not the platform on which it is rented. Mayor Simmons spoke about the requirement for insurance. What ways is the City going to insure that STRs are complying and participating with $1 million insurance requirement? Councillor Kelley this is the registration requirement and must be regulated by the Inspectional Services and the Fire Departments and the License Commission to promulgate the regulations that they feel will work. Councillor Kelley stated that enforcement may be a problem and if Inspectional Services Department is not notified they will never know that there is a problem. Mayor Simmons stated that it is difficult to regulate and manage this ordinance and compliance is an issue for her. She did not want Cambridge becoming a STR environment. She stated that she wanted compliance as strong as possible. Councillor Kelley stated that the state when it passes regulations, will give opportunity for city to tax this commercial enterprise. City staff will be given enforcement responsibility. He stated that STRs will be illegally conducted and there is no stopping this. Mayor Simmons wanted a substantial fine imposed. Councillor Kelley stated that the enforcement and penalties would be covered by zoning ordinance.

Councillor Cheung stated that corporate housing has been around for a long time and is listed on Airbnb was this a consideration when drafting this proposed amendment. Councillor Kelley stated that if it is an STR it is covered. He does not want residential units turned into a small hotel. Councillor Cheung stated that he is supportive of this proposal. He stated that there is always tension when regulating the bad and good people. He stated that the City Council does not want outside investors buying property and tuning them into defacto hotels/motels, and to adversely impact the housing market but wants to allow for flexibility for residents to rent out their bedroom. He cannot rent his condo apartment because he does not live in the building or adjacent to the unit. He stated that he cannot rent his unit for longer than 30 days and the unit needs to be inspected and he must obtain insurance. He did not want to over-regulate this. Councillor Kelley stated that there is nothing preventing his tenants from renting the units as a STR. Councillor Cheung stated that he wanted this refined. His tenants will be out of town, but he will be in town.

Vice Mayor McGovern anything done by the City Council changes the field. Priorities need to be set for what is the big picture. If the goals is to preserve as much housing the owner occupied-owner adjacent is the way to go and allows for flexibility. The greater good of the community needs to be paramount. The City Council needs to think about the greater impact on the City.

Councillor Cheung stated that his situation is not unique. He wanted the City Council to get to the best legislation possible. He wanted the City to be as inclusive and flexible as possible and needs to pass something urgently and to ensure that there are no loopholes.

Councillor Cheung thanked all those present for their attendance.

The following e-mails were received and made part of the report:
Communication from Jeanne Koopman, 248 River Street, in support of the proposal by Councillor Kelley as Chair of the Public Safety Committee (ATTACHMENT B).
Communication from Deborah Ruhe, Executive Director, Just-A-Start Corporation, in support of the proposal that would allow Airbnb for a single owned and occupied property (ATTACHMENT C).
Communication from Torgun Austin supporting limiting short-term rentals in Cambridge to one per owner occupied unit plus one additional unit on the same property (ATTACHMENT D).
Communication from David Slavey, 237 Norfolk Street, supporting the draft ordinance limiting STR to one owner-occupied unit plus one addition unit on the same property (ATTACHMENT E).
Communication from Leslie Cohen urging passage of a STR Ordinance that limits STRs to the unit that the owner lives in plus one other in the same building, if the building has four units or fewer and is owned by the same owner (ATTACHMENT F).
Communication from Vaibhav P. Pai in support of allowing STR like Airbnb and Homeaway (ATTACHMENT G).
Communication from Eugenia Schraa Huh and Ming-Tai Huh, 259 Washington Street, strongly supporting the draft ordinance that limits STRs to one owner-occupied unit and one unit on the same property (ATTACHMENTS H-1 & H-2).
Communication from Jesse Elton, 41 Bowdoin Street, in support of an ordinance amendment which would limit STRs to owner-occupied units and one unit that is owner-adjacent (ATTACHMENT I).
Communication from Walter McDonald, 172 Magazine Street, in support of the proposed ordinance from the Public Safety Committee governing STRs in Cambridge and opposed to the Cockrill petition (ATTACHMENT J).
Communication from Emily Dexter, urging limiting STRs in Cambridge to owner-occupied dwellings to prevent investors from buying residential property for the primary purpose of turning it into a hotel in a residential neighborhood (ATTACHMENT K).
Communication from Bob Sikora requesting that continued affordable housing in Cambridge include continued Airbnb services (ATTACHMENT L).
Communication from Melissa Ludtke, 30 Buena Vista Park, in support of the STR proposal submitted by Councillor Kelley (ATTACHMENT M).
Communication from Chris Perkins, 126 Thorndike Street, supporting the proposal to limit STR to one owner-occupied unit plus one additional unit on the same property (ATTACHMENT N).
Communication from Robert Manduca expressing his concern that the draft ordinance covering STR allows the removal of owner-adjacent units from the rental market for the purposes of short term rental (ATTACHMENT O).
Communication from Kristina Nies, 105 Second Street, stating that given the dire need for housing STRs must be halted (ATTACHMENT P).
Communication from Jesse Kanson-Benanav, Chairman, A Better Cambridge, in support of Councillor Kelley’s draft ordinance that would limit Airbnb and other STRs to one owner-occupied unit plus one additional unit on the same property (ATTACHMENT Q).
Communication from Ryan Wittig, 33 Kinnaird Street, in support of owner-occupied short term rental ordinance (ATTACHMENT R).
Communication from Jacquelyn A. Smith, 7 Ashburton Place, in opposition to the Cockrill petition and supporting the regulation submitted by Councillor Kelley (ATTACHMENT S).
Communication from Carol O’Hare, 172 Magazine Street, requesting that the City Council act quickly to limit the impact of Airbnb on rental housing stock (ATTACHMENT T).
Communication from Sam Cooper in support of the draft ordinance limiting short term rentals to one owner-occupied unit plus one additional unit on the same property (ATTACHMENT U).

The hearing adjourned at 5:13pm   on motion of Councillor Kelley.

For the Committee,
Councillor Leland Cheung, Co-Chair
Councillor Dennis J. Carlone, Co-Chair


Committee Report #2
The Ordinance Committee, comprised of the entire membership of the City Council, held a public hearing on Thurs, Apr 6, 2017 at 2:10pm in the Sullivan Chamber. The purpose of the hearing was to discuss a petition by the City Council to amend the Zoning Ordinances in Article 20.50 entitled “Harvard Square Overlay and Harvard Square Historic District” by adding a new Section 20.54.7 Exempting rooftop spaces from FAR.

Present at the hearing were Councillor Carlone and Councillor Cheung, Co-Chairs of the Committee; Councillor Devereux; Councillor Mazen; Vice Mayor McGovern; Councillor Toomey; Mayor Simmons; Iram Farooq, Assistant City Manager for Community Development Department; Jeff Roberts, Senior Manager for Zoning and Development, CDD; Charlie Sullivan, Executive Director, Historical Commission; Sarah Burks, Preservation Planner, Historical Commission; Ranjit Singanayagam, Commissioner, Inspectional Services Department; Nancy Glowa, City Solicitor; and City Clerk Donna P. Lopez.

Also present were Marilee Meyer, 10 Dana Street; Tom Brush, 167 Church Street; Carol O'Hare, 172 Magazine Street; and Marilyn Wellons, 651 Green Street.

Councillor Carlone convened the hearing and explained the purpose and stated that the hearing was being audio and video recorded. He explained the format of the hearing as follows: the petitioner will be heard first followed by City staff, then City Council will ask clarifying questions of the petitioner and City staff and then public comment. He stated that at the end of the hearing the committee will make a recommendation as to the status of the petition.

The petitioner, Councillor Cheung, stated that this is pursuant to discussions had in the Overlay District in Central Square to bring in planning strategies from the C2 process. He stated that roof space was included for roof decks for restaurants and local establishments. He added that there was interest in doing something similar in Harvard Square. He stated that there have been several petitions for Harvard Square to try to restrict out-of-town big investors from coming into the City and grossly changing the character of the square and to support local businesses and establishments who are competing in an ultra-competitive market that is, too often, working to their disfavor.

The petition would make it easier to do more roof decks on local restaurants and establishments in Harvard Square. This language was taken from the Central Square Overlay petition and applying it to Harvard Square. He stated that he had amendments and distributed an amended version to the committee (ATTACHMENT A). He stated that language has been added to minimize neighborhood impacts from light trespass and other nuisances. This is to clarify that the intent is not to have big bands and light shows on the roof decks. This is more on the line of restaurant dining and to update to what was adopted in Central Square.

Councillor Cheung moved the following motion:
ORDERED: That the attached language for 20.54.7 entitled Exemption rooftop spaces from FAR be substituted for the original petition submitted on Feb 27, 2017 and that said substituted text be referred to the City Council for consideration. The motion carried on a voice vote.

At this time Mr. Roberts stated that this petition contains similar provisions as adopted by the City Council in Central Square. He stated that the Planning Board recommendation contains a map showing the area that would be affected which is in red and within the Overlay boundary, the Business B base district (ATTACHMENT B). He spoke about how rooftops are treated in the zoning ordinance.

Zoning calculates the FAR of a building including outdoor roof spaces above the third floor of a building. A deck added to the roof of a three-story building the added gross floor area would be counted. He noted that open decks that are lower than three stories would not be counted as gross floor area. If gross floor area above the third floor is not counted it is seen as an incentive for creating this kind of space. He spoke about the purview for the special permit. He stated that Harvard Square has an overlay district that was created with provisions meant to promote a set of design principles that have been established. He stated that in Harvard Square they are intended to encourage design and patterns of development consistent with the historic character of the area. This is generally a lower scale of four-story building height along with buildings built to property lines in the commercial style that this typical of the Harvard Square area. He explained that the Harvard Square Overlay district has special permit provisions where the Planning Board can waive certain requirements. In instances where the requirements are waived it must be beneficial to the character of the area, such waivers include setbacks, parking and loading requirements. He stated that having to add parking spaces or loading bays would have detrimental design impacts. He stated that this type of provision to exempt gross floor area would likely be viewed by the Planning Board in a similar vein in which they would look at whether the exemption or the encouragement of above grade roof top deck space was consistent with and help to support the overall character of the area.

Councillor Carlone asked if the City Councillors had any information questions.

Councillor Devereux asked what role the Historical Commission played in this. Mr. Sullivan, Executive Director, Historical Commission, responded that the Historical Commission retains its authority over issuing building permits and certificates of appropriateness for any publicly visible exterior alteration to Harvard Square. He stated that there has been one rooftop improvement over the last couple of years at Felipe's on Brattle Street which involved a roof top addition. He stated that there was enough FAR for the site and the commission found this appropriate with conditions and some amendments to the original design. He further stated that this provision would not change the Historical Commission's authority and anything visible would still require approval. He stated that Felipe's is in a one-story building. Councillor Devereux asked how visible does it have to be for it to be no longer in the domain of the Historical Commission. Mr. Sullivan stated that it depends on the circumstances and existing sight lines. He stated that most building in Harvard Square are four stories.

Councillor Carlone asked about the difference between the second and third floors, and above, why is there a differentiation. He further asked Mr. Roberts if he knew why the delineation was made at this height. Mr. Roberts responded that this provision in the zoning ordinances is not articulated in a way that would suggest what the intent is. It is in the definitions of gross floor area. In the zoning ordinance there is no explanation as to why this was chosen to be defined this way versus a different way. He stated that the change at the three story level is reflective that much of area in City are in neighborhoods that are predominately three stories buildings. He stated that a balcony or a deck off of a three story building might be treated differently than a deck on top of a building of that height or on a building that is taller and different in character. This explains why things below three stories are treated differently than those above three stories.

Councillor Carlone asked Mr. Sullivan when the Historical Commission reviewed Felipe's, it was set back quite a bit from the front of the building by about 25 feet, was this a Historical Commission condition so that it could not be seen. Mr. Sullivan stated that setting the structure back was part of the review and also keeping the height of the structure lower than what was originally proposed. Councillor Carlone stated that when this is reviewed as a special permit there can be conditions that are beyond design related conditions. He stated that the goal of the City Council is maximizing the opportunity for locally owned and operated businesses. He asked if the City could limit this or make a condition for locally owned businesses in the special permit process that that would be preferred. Mr. Roberts stated that the Planning Board can impose special permit conditions. He added that the special permit conditions are typically linked to the criteria for the special permit and the intent of zoning that authorizes the special permit. He stated that the conditions would have to be encompass the types of requirements that are within the purview of zoning. He stated that the ownership of a business is not within the purview of the Planning Board. Councillor Carlone stated that this is a privilege granted by special permit.

City Solicitor Glowa stated that the conditions under Chapter 40A need to be related to the provisions of the ordinance and issues related to zoning concerns. She explained that it is the presumption that special permits are personal to the applicant so a special permit can be limited to the person apply for the special permit and can be limited by a term of time. She cautioned that stating what type of people can be owners or local businesses may go beyond what is permissible. She stated that she could look into this, but believed it was not permissible.

Councillor Carlone stated that if this is a goal of City and the City Council oversees zoning, especially a special permit, he cannot understand why this cannot be focused be included in the permit criteria. If something is given away you should get something back that in turn benefits the public. City Solicitor Glowa stated that under Chapter 40A if the applicant meets the criteria it is presumed that the applicant will be granted the special permit. She stated that it is in the discretion of the permit granting authority to determine if the criteria has been met. The law does not apply for an outright denial of an application unless it relates to the criteria not being met. Councillor Carlone stated that he is suggesting that this become a criteria.

Vice Mayor McGovern asked how local-owned business is defined. Councillor Carlone this would need to be defined. He stated that the formula business petitions state no more than ten units. This is an untested area. Councillor Carlone stated that zoning could be used to meet City goals other than in size and heights.

Councillor Cheung spoke about helping locally owned and operated businesses and retail. He stated that the tangible benefit of locally owned and operated businesses are they pay taxes and live in City. He added that large chain stores send money back to investors and do not benefit the local community. Vice Mayor McGovern spoke about the need to define locally owned and operated businesses. This needs to be determined what this means. Councillor Cheung stated that the entire City Council is supportive of local business. He stated that if this is uncharted legal territory he would like the City to challenge this in court.

Councillor Devereux noted that this is only exempting open air spaces and the only businesses that will likely use this is restaurants or bars. Councillor Carlone spoke about an office building that wanted a communal lunch area could do this or a hotel. Councillor Devereux stated that she wanted to think about the broader uses that could allow this.

Councillor Carlone opened public comment at 2:38pm.

Marilee Myers, 10 Dana Street, read a prepared statement (ATTACHMENT C). She stated that this change in zoning opens a blanket permission to any business without review when this is an individual variance issue. She asked where the light and noise studies for the Abbott Building project are. She stated that she finds Felipe's roof top offensive from the street. It looks like a third world beach bar with hanging laundry.

Tom Brush, 167 Church Street, stated that he and his partner operate Felipe's Taqueria at 21 Brattle Street. He stated that the roof deck was opened two years ago. He spoke of the different types of events held on the roof top deck. He explained that currently the capacity is limited to sixty seats and it would be helpful to be able to expand the space because there are a number of events held on the roof. He stated that he and his partner are at Felipe's every day and have been a member of the community for thirteen years. Felipe's opened 13 years ago. He stated that they have no other interest outside of Harvard Square and want to continue in the City. He stated that Hidden Sweets is an adjacent tenant to Felipe’s, which is no longer occupied and if they have an opportunity to expand their roof top deck would like to do this now. He stated that if they had to apply for a special permit it would be costly and take months. He stated that he was in favor of having this zoning variance passed.

Carol O'Hare, 172 Magazine Street, stated that she sent an e-mail to twenty-two residents and has received 8 replies from people asking her to tell the City Council that they agree with Ms. O'Hare. The petition is being called a variance because it is aimed at a reputable, single location. She stated that this is an unusual way to go about rezoning. She asked why not a variance for this one business. The variance process is susceptible to a challenge by residents or students. The noise ordinance is inadequate. Noise and light travels. This is an odd way to rezone. She suggested that this be compared to Central Square. She stated that Central Square was holistically rezoned after years of give and take and reviews. She stated that the roof tops were allowed to be exempt from the FAR was because the building height were kept low in Central Square and this is a give back to Central Square. This is not an appropriate method process for rezoning. She stated that if the City Council wants to rezone the BB district in Harvard Square she urged getting the residents involved as well as City Staff. She noted that Felipe's is not a mega chain; it has 7 locations in Louisiana and Florida with one location in Cambridge. Her communication and supplement to the e-mail is attached (ATTACHMENT D).

Marilyn Wellons, 651 Green Street, stated that she abuts the Business B district. She stated her concerns are immediate. She stated that rezoning the Business B district would be more adequate way to consider the effects on all abutting neighborhoods to the actual district being considered. The real estate market in Harvard Square has been active. She stated that she could hear all that happens on the roof deck at Cambridge Seven office on Mass. Avenue. She spoke about the quality of life. She spoke about all the large buildings for sale in the area. She stated that she is concerned about the noise and light and how they are regulated or not. She spoke about this being put to the Planning Board for a special permit. The quality of life goes away with a special permit because it is presumed that it is in the public interest and the assumption for a variance is that it is not in the public interest. She wanted noise, light and quality of life taken seriously by the City Council in this election year. She spoke about the change of use to lab use for 1030 Massachusetts Avenue (Immediately abutting her home) and that the twenty foot buffer zone is not enough to protect the quality of life for residents.

Abra Berkowitz, 253½ Broadway, read a prepared statement (ATTACHMENT E). She was concerned about this petition. She wanted more thought, study and inquiry put into the goals of the amendment. She stated that like the Central Square Restoration petition she requested that the proposal exempt roof top spaces from FAR be put under tight scrutiny. She requested the following considerations be made in weighing whether to adopt this amendment. The principal of the Harvard Square Overlay district which is an area of special planning concern with the goals to maintain the human scale of the neighborhood while encouraging a balance between new development and historic preservation. She referenced the 2002 Harvard Square Development Guidelines. She wanted models made to show what the physical changes could be by the exempting the rooftop from FAR. She wanted the Equity One case studied closely. The proposed rooftop space will not be public space for Equity One. But will be used for a celebrity chef and contradicts the goals of the district. She spoke about the impact of private roof top space would have on a public square.

Mr. John DiGiovanni stated that there is value to review zoning for the Harvard Square and there is a move to review the Harvard Square Conservation district. He spoke about a debate that occurred twenty years ago about noise affecting the businesses in Harvard Square. It is fair that people are concerned about the impacts of rooftop deck for a first floor building and a four story building or Holyoke Center; the impacts are all different. He stated that Felipe has not been a problem in Harvard Square because it has been managed well. He added that if you are in an office across from Felipe's it is probably not an ideal setting, but all of these concerns have to be balanced. He would support the concept and get into the details of how criteria could be used.

He is in favor of form-based zoning and urban design and not zoning language that is very prescriptive. He stated that the City has done well and Harvard Square is vital and the numbers prove this. He stated that in 2012 the Harvard Square Overlay district was assessed for $1.8 billion. In 2017 the Harvard Square Overlay district is assessed at $3.2 billion. He stated that who is leaving are the chains and retail rents are coming back. He noted that brick and mortar businesses are having a hard time at the local, regional and national levels. He stated that assessments are connected to rents. He stated that he appreciates what the City has done and worked to ensure that the public space and public domain allows Harvard Square to remain vital. He acknowledged that the City was critical to allow patios on the sidewalks. He stated that the physical improvement to the public space done by the City is critical. All squares in the City will be impacted over the next decade. He stated that retail sales will be difficult on all levels unless the place continues to be "cool" and an interesting place to go to. He wanted the City Council to focus on the macro issue.

Councillor Carlone closed public comment at 3:07pm.

Councillor Devereux spoke about property value and if this additional ability would serve to further aggregate the trend of rising values. She did not want things becoming more valuable because space is given away. This needs to be studied. Restaurants are a public space. If this is driven by Felipe's desire to expand and it is unlikely that there are residential abutters who would object to a variance, the passage of this zoning ordinance is difficult. She stated that if this is a time sensitive issue Felipe's may do better going through the variance process. Councillor Carlone stated that one person could challenge the variance in court and it could be held up in court.

Councillor Mazen stated that in Harvard Square the City has an asset that cannot be recreated. He spoke about the disagreement between people who are against change and those who will broker a careful agreement. He spoke about big businesses coming to Harvard Square, lasting for a couple of years, and realizing that the income does not offset the costs because the costs are increasing over time. He noted that there could be one economic hit and Harvard Square could be in a turbulent way. This is not the same for other squares in the City. It is not a good idea to take Central Square zoning and project it on Harvard Square. This zoning would need to be different from the Central Square zoning. He spoke that he was moved about noise, equity and access issues he heard in public comment. He is against the public not having access to rooftop decks because they cannot afford a meal. He commented that arts in the square should be cultivated. He stated that the mechanical head house introduced to be exempted is an incentive for lab uses. He stated that it is wrong to change covered staircase head houses to mechanical head houses. He added that staircases are fine to be exempted. This legislation will increase property values. He is concerned with increasing property value and by passing this legislation now may have negative consequences for business and operators. He is not optimistic that the rents will come down as Mr. DiGiovanni believes. He agreed that models are needed for Harvard Square as well as community engagement similar to that used in the Central Square Restoration petition.

Councillor Cheung stated that his intent on bringing this forward was to make this similar to Central Square. He acknowledged that modifications are needed. He spoke about placing a limit on the amount of cap of the square footage that is exempted. This would address large property owners from out of town. The outcome for Central Square was good and the petitioner did a lot of work to engage the community to reach consensus. He noted that Central Square zoning was discussed for eight years and there was no zoning that came from C2 process. He stated that the easy things done in other parts of the city needs to be used as pilots. He stated that he likes roof decks. He wanted more roof decks in Harvard Square. He is for limiting private roof decks in Harvard Square. The issue is the FAR going forward. Councillor Carlone noted that mechanical head houses are exempt from zoning now.

Vice Mayor McGovern stated that Central Square is different than Harvard Square. The City Council was supportive of approving roof decks in Central Square. This petition is not ready to go anywhere. He wanted careful language in place there is a way to do this right. There are people who would object if Felipe’s went through the variance process. He wanted the City Council to come up with something that is good for Harvard Square. How do we bring the community together to discuss the benefits for Harvard Square? He wanted to have this work that could benefit the area.

Councillor Devereux stated that there is a retail strategy consultant working on this issue and will make a presentation at a committee hearing on May 17th. She stated that it would be appropriate to ask Community Development Department to ask the consultant to look at how roof top decks will fit into the recommendations. She wanted the text amended to limit roof top decks to publicly accessible commercial uses which might preclude private office use. She stated that if the petition is made more restrictive would this need to be re-advertised.

Councillor Mazen stated that he thought that the Central Square process was good. He added that a developer came forward and did the work for City and the City Council to achieve consensus. He wanted to hire someone to do the modeling, planning, developing and consensus building.

Councillor Carlone stated that Harvard and Central Squares are both zoned Business B. He stated that one of the goals of the Central Square zoning was to maintain the building heights. There is a more liberal interpretation of FAR in Harvard Square at 4.0. He added that there are things stated in the Central Square zoning that are already in the Harvard Square zoning. He stated that he would like it conditioned that it is locally owned and operated the use so that it neutralizes the value. He spoke about noise and light affecting abutting residential areas as he totally agreed with Ms. Wellons comments. There could be a 2-5 year review of sound and light and if they do not meet the standards a license is taken away.

He stated that from an urban design point of view the notion of roof decks is to maximize livable space for those who live and work there. This is an urban phenomena of wanting to have access to the sky, especially in good weather. He stated that the criteria and guidelines for this should include setback, planting the setback, limiting sound and the decibel level may need to be lower than what it is now, the number of people limited and having the light faced down. He asked what are the limitations and what does the City get. He concluded that local ownership and operation would be key to him and could be in the special permit.

Councillor Devereux made the following motion:
ORDERED: That the City Manager be and hereby is requested to direct the Assistant City Manager for Community Development Department to request the retail strategy consultant to look into how roof top decks fit into the other retail plan strategies being developed for the City.

The motion carried on a voice vote.

Ms. Farooq stated that she will convey the information and have the consultant address the information when she is here. She stated that the consultants focus is how to activate the district she will not be opposed to the notion to allow retail umbrella uses on roof tops. This will be asked of the consultant so that she may respond.

Councillor Cheung stated that due to the Felipe’s being locally owned and operated business he wanted the City to move as fast as possible on this issue. Councillor Devereux stated that she does not want to rush into rezoning a Business B district based on one person asking for this.

Councillor Devereux asked if this will be limited to publicly accessible commercial uses and ensure that the City is not allowing a private use. Councillor Carlone stated that he was unsure if the City Council could do this. Councillor Devereux stated that she is asking can this be limited to a commercial use that is publicly accessible. City Solicitor Glowa responded that she would need time to review this and get back to the committee. Councillor Cheung requested that the Law Department and Community Development provide the City Council with language modifications.

Councillors Devereux and Cheung made the following motion:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor and the Assistant City Manager for Community Development Department to provide the City Council with information on whether the proposed amendment to the Zoning Ordinances exempting roof top decks from FAR could be limited to commercial use with public access versus private uses and to provide suggested modified language to the petition on lighting, noise, modeling, size or specific uses to the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion as to whether this petition is more restrictive and requires re-advertisement.

The motion carried on a voice vote.

Councillor Carlone moved to leave the matter in committee. Councillor Cheung stated that he wanted to move that the matter be referred back to the City Council. Councillor Devereux stated that she wanted this left in committee because there are questions.

On the motion by Councillor Carlone to leave the matter in committee -on a voice vote of four members the motion carried. Councillors Cheung and Toomey were recorded in the negative.

The following e-mails were received and made part of the report:
Communication from Arthur Strang, Fresh Pond Parkway, agreed with Carol O'Hare (ATTACHMENT F).
Communication from Doug Brown, 35 Standish Street, urging careful consideration of the potential impacts such a zoning change would have on this historic neighborhood (ATTACHMENT G).

Councillor Carlone thanked all those present for their attendance.

The hearing adjourned at 3:48pm.

For the Committee,
Councillor Dennis J. Carlone, Co-Chair
Councillor Leland Cheung, Co-Chair


AWAITING REPORT LIST
16-26. Report on the possibility of the City Council implementing a zoning change, on the permitting of all new restaurants where a wood-fired oven is used as a significant method of food preparation.
Councillor Kelley, Councillor Devereux, Councillor Carlone (O-5) from 4/4/2016

16-42. Report on plans for the former Riverside Community Health Center on Western Avenue, including transfer of ownership of the building to the City and the process for determining future usage.
Vice Mayor McGovern (O-1) from 5/2/2016

16-51. Report on the City's policies and best practices in the use and supervision of City Council interns.
Councillor Kelley (O-5) from 6/6/2016

16-52. Report on the City’s use of push-button caution lights at crosswalks and to determine any decrease in pedestrian legal rights should they be hit.
Councillor Kelley (Calendar Item #3) from 6/13/2016

16-53. Report on the feasibility of either using City funds to subsidize the cost of installing and removing air conditioning units from Cambridge Housing Authority-owned apartments at a reduced cost.
Mayor Simmons (Calendar Item #4) from 6/13/2016

16-66. Report on how traffic laws pertaining to crosswalks are currently enforced throughout the City and whether there can be stricter laws to ultimately increase pedestrian safety.
Mayor Simmons (O-12) from 8/1/2016

16-71. Report on the feasibility of creating a temporary jobs program geared toward Cambridge’s homeless population and/or determine the feasibility of awarding homeless with priority in the City’s 9-week temporary jobs program.
Vice Mayor McGovern, Mayor Simmons, Councillor Cheung, Councillor Mazen (O-8) from 9/12/2016
Referred back to City Manager on motion of Vice Mayor McGovern

16-74. Report on producing a new status report that reviews the Harvard Square Conservation District’s effectiveness since 2005, and that considers whether new zoning regulations may be necessary to fulfill the community’s goals.
Councillor Devereux, Councillor Carlone (O-18) from 9/12/2016

16-82. Report on testing for any presence of chromonium-6 in the City's drinking water and plans to deal with this issue.  See Mgr #31
Councillor Kelley, Councillor Devereux, Mayor Simmons (Calendar Item #2) from 10/31/2016

16-83. Report on drafting possible legislation and other recommendations for interim actions to identify and address the public health impacts of any commercial wood-fired ovens.
Mayor Simmons (Calendar Item #4) from 10/31/2016

16-84. Report on determining which pedestrian crosswalks are in need of additional on street signage.
Councillor Carlone, Vice Mayor McGovern, Councillor Cheung, Mayor Simmons (O-6) from 10/31/2016

16-86. Report on which public campaign finance options are legal for municipal elections in Cambridge.
Councillor Mazen (O-14) from 10/31/2016

16-89. Report on conducting a traffic safety review of the Brattle Street, Sparks Street, and Craigie Street intersection.
Councillor Devereux (O-1) from 11/7/2016

16-94. Report to consider higher frequency enforcement in key transit junctions and corridors.
Councillor Mazen (O-8) from 11/7/2016

16-95. Report to make street markings and street signage more ubiquitous in an effort to market the rules of the road to the users of all transportation modes.  See Mgr #28
Councillor Mazen (O-9) from 11/7/2016

16-100. Report on suggested changes to Cambridge’s policy regarding advertising revenue that could help support the continuation and expansion of Hubway in the City of Cambridge.
Councillor Toomey (O-1) from 12/12/2016

16-101. Report on the potential of building below market rental housing on City-owned parking lots along Bishop Allen Drive.
Mayor Simmons, Vice Mayor McGovern (O-4) from 12/12/2016

16-103. Report that all money raised during this campaign is distributed to the Wellington Harrington residents impacted by this incident and when all funds are distributed.
Councillor Toomey (O-6) from 12/12/2016

16-106. Report on an outreach and communications plan for renters in Cambridge about the importance and availability of renters insurance and assist low-and moderate-income tenants in acquiring affordable renters insurance policies.
Councillor Devereux (O-10) from 12/12/2016

16-108. Report on whether people displaced and qualify for Emergency Status who are using Section 8 in other cities or towns can retain their resident preference for the purpose of Inclusionary Housing.
Councillor Toomey, Mayor Simmons (O-4) from 12/19/2016

17-4. Report on potential future public-private partnerships that could deliver an operational Foundry that consists of significant community space for the community.
Councillor Toomey (O-6) from 1/23/2017

17-6. Report on how the success of "pop-up" lanes will be measured and what lessons we expect to learn from them to help implement safer bicycling facilities throughout the City.
Councillor Kelley (O-9) from 1/23/2017

17-7. Report on a full update on the City's Community Choice Electricity Aggregation Plan.
Councillor Cheung (O-1) from 1/30/2017

17-8. Report on a full report from the Urban Agriculture Task Force.
Councillor Cheung (O-3) from 1/30/2017

17-12. Report on the possibilities of using salt in a more judicious manner, finding non-salt options or removing excess salt when the ice threat has stopped while the salt still remains.
Councillor Kelley, Councillor Devereux, Vice Mayor McGovern (O-3) from 2/6/2017

17-14. Report on exploring whether designating the portion of Windsor Street between Cambridge Street and South Street as “one way” would decrease the opportunities for future accidents in this area.
Mayor Simmons (O-5) from 2/6/2017

17-15. Report on update of the potential surveillance ordinance language.  See Mgr #30
Councillor Cheung, Mayor Simmons (O-6) from 2/6/2017

17-17. Report on establishing a Tree Task Force to better protect the urban canopy.  See Mgr #18
Councillor Devereux, Councillor Carlone, Mayor Simmons (O-1) from 2/13/2017

17-19. Report on compiling a list of legal resources and a list of frequently-asked-questions for undocumented people living in Cambridge, and to post this information on a new “Immigration Concerns” resource page on the City’s main website and to determine what other specific steps the City can and should take to protect undocumented persons living in Cambridge during the Trump Administration.
Mayor Simmons (O-5) from 2/27/2017

17-21. Report on whether a stop sign can be re-installed at the intersection of Green Street and Hancock Street, and whether there are additional measures the City can and should be taking to make this intersection safer for vehicles and pedestrians alike.
Mayor Simmons (O-6) from 2/27/2017
Referred back to City Manager on motion of Mayor Simmons

17-20. Report on whether a Municipal ID program could be established in Cambridge.
Mayor Simmons, Vice Mayor McGovern, Councillor Mazen (O-11) from 2/27/2017

17-22. Report on the potential growth of next-generation wireless technology in the City, to include: the expected footprint of citywide coverage from just one company and what market competition might produce; the integration of public and private infrastructure to support the network; what local standards the City might hope to maintain relative to aesthetics and safety; and how this new technology fits into our Broadband access plans.
Councillor Kelley, Councillor Devereux, Councillor Cheung (O-14) from 2/27/2017

17-24. Report on options for the old Harvard Square Theater within 30 days of receiving said notice, with their long-terms plans for this property.
Councillor Cheung, Councillor Devereux, Vice Mayor McGovern (O-16) from 2/27/2017

17-26. Report on the possibility of a temporary mural to be created to screen the project site along Cambridge Street.
Councillor Toomey (O-4) from 3/6/2017

17-27. Report on the feasibility of a Homelessness Trust Fund.
Vice Mayor McGovern (O-7) from 3/6/2017

17-28. Report on the feasibility of creating a warming shelter in the City of Cambridge.
Vice Mayor McGovern (O-8) from 3/6/2017

17-29. Report on the feasibility of installing a hitting tunnel at Danehy Park for youth and high school sports.
Councillor Toomey (O-3) from 3/20/2017