CITY MANAGER'S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the FY2004 submitted budget and appropriation orders.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 03-53, regarding a report on filling potholes on Franklin Street between Western Avenue and Pearl Street.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 03-56, regarding a report on the plan for installing a bus shelter outside of City Hall and the Senior Centers.

4. Transmitting communication from Robert W. Healy, City Manager, relative to additional supporting information concerning the Disposition Report that requested the City Council transfer the Trolley Square site to the Affordable Housing Trust.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 03-50, regarding a report on efforts to address the concerns of Area IV residents.

6. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $348,545 in additional funding from the Massachusetts Department of Housing and Community Development to the Grant Fund Human Services Salaries and Wages account ($19,374) and Other Ordinary Maintenance account ($329,171) to provide funds for administrative support for the Low Income Heating Assistance Program.

7. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $18,366 in proceeds from registration fees, pledges, and donations from the City Run Road Race to the Grant Fund Human Services Other Ordinary Maintenance account to provide funds to support athletic programs at Cambridge Rindge and Latin School through the Friends of Cambridge Athletics.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-48, regarding a report on laws and regulations pertaining to the installation of wireless communication equipment, including antenna, generators, and other related equipment in residential areas or on residential buildings and address noise concerns about noise emanating from such equipment.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-51, regarding a report on the plan for after school programming in light of the upcoming school consolidation.

10. Transmitting communication from Robert W. Healy, City Manager, relative to appropriation of $366,089 in forfeited street excavation deposits to the Public Investment Fund Public Works Extraordinary Expenditures account to provide funds for street patching and restoration projects.

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager, relative to a Landmark Designation Study Report for Shady Hill Square. 1-11 Shady Hill Square, 36 Holden Street.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the Landmark Designation Study Report for designating as a protected landmark the Tulip Tree at 1436 and 1446 Cambridge Street.

3. Request the City Manager to direct the Community Development Department to make maximum use of CPA funds to develop affordable housing that is permanently affordable, such as limited equity cooperatives and condos.

4. Requesting the City Manager to appoint someone to speak with Neighbors for a Better Community to explore possible collaboration.

5. Requesting the City Manager to direct the City Solicitor to draft a home rule petition to enable the City Manager to approve curb cuts.

UNFINISHED BUSINESS
6. Petition from Harvard University requesting a sub-surface easement located between 1720 and 1737 Cambridge Street for the purpose of constructing an underground pedestrian and service tunnel beneath Cambridge Street.

7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on January 15, 2003 for the purpose of further consideration of a proposed amendment to the Smoking Ordinance to ban smoking in bars and restaurants. The question comes on ordination on or after February 24, 2003.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the Disposition Report for Trolley Square, prepared by the Community Development.

COMMUNICATIONS
1. A communication was received from John R. Moot, Association of Cambridge Neighborhoods, regarding Trolley Square Development.

2. A communication was received from Department of Telecommunications & Energy, Cable Television Division, transmitting notice of a public and evidentiary hearing to investigate the proposed basic service tier programming, equipment, and installation rates for all of the affected communities in Massachusetts currently served by Comcast Cable on September 16, 2003 at One South Station, Boston, MA.

3. A communication was received from Tom Buffett, Eric Grunebaum and Ruthann Rudel, regarding Trolley Square Development.

4. A communication was received from Tom Buffett, Eric Grunebaum and Ruthann Rudel, regarding Trolley Square Development.

RESOLUTIONS
1. Congratulating Paul Cevergary, veteran Cambridge restaurateur, on his culinary tour de force and the opening of the beautiful dining establishment, Red House restaurant in Harvard Square.
Councillor Reeves

2. Extending its sincere thanks and appreciation to Paul Burke of Phil's Tow for his continued commitment to the citizens of Cambridge.
Mayor Sullivan

3. Congratulations to Father George Vartzelis as he celebrates his Golden Anniversary, wish him well in his retirement and thank him for his dedication to the citizens and parishioners of Cambridge.
Mayor Sullivan

4. Extending best wishes for a Happy 60th Birthday to Jerry Simonsen.
Vice Mayor Davis

5. Resolution on the death of Mary Stella Hinds.
Councillor Toomey

6. Resolution on the death of Anita M. Hamilton.
Councillor Toomey

7. Resolution on the death of Mary DuBois.
Councillor Galluccio

8. Resolution on the death of Carroll W. Toohey.
Councillor Galluccio

9. Congratulations to the newly elected members of the Cambridge Teacher's Association.
Mayor Sullivan, Councillor Maher

10. Congratulating Silvia Saavedra-Keber on the occasion of her receiving the Latina Leadership of the Year Award from the National Foundation of Women Legislators.
Mayor Sullivan, Councillor Toomey

11. Congratulating Margaret Atwood as she receives the prestigious Radcliffe Medal and wish her continued literary success.
Mayor Sullivan

12. Congratulating John Boyle on the occasion of his appointment to the Cambridge Police Department.
Mayor Sullivan, Vice Mayor Davis

13. Applauding Mayor Wellington Webb on his twelve years of dedicated service to the City of Denver, Colorado and proclaiming July 31, 2003 as Wellington Webb Day in the City of Cambridge.
Mayor Sullivan, Vice Mayor Davis

14. Resolution on the death of Richard P. Charbonnier.
Councillor Galluccio

15. Expressing appreciation to Michael C. Rivera for his many years of dedicated service.
Mayor Sullivan

16. Expressing appreciation to Paul Sartanowicz for his many years of dedicated service.
Mayor Sullivan

17. Thanking John Clougher of Bread and Circus on River Street for his efforts to provide quality customer service to the Cambridge community.
Vice Mayor Davis

18. Congratulating the recipients of the 2003 Preservation Awards.
Vice Mayor Davis

19. Resolution on the death of Kathy Schmidt.
Councillor Maher, Mayor Sullivan

20. Resolution on the death of Donald Morris.
Councillor Toomey

21. Extending congratulations to Phil Wilson on his success in building the "Black AIDS Institute".
Councillor Reeves

22. Extending congratulations to Jason Woodson on his graduation from Malden Catholic.
Councillor Reeves

23. Expressing appreciation to Vernon S. Rollins as he retires from the Traffic, Parking and Transportation Department.
Mayor Sullivan

24. Expressing appreciation to Eileen Harvey for her many years of dedicated service to the School Department.
Mayor Sullivan

25. Expressing appreciation to Ann Ferrera and wishing her well in her retirement from the School Department.
Mayor Sullivan

26. Resolution on the death of Blaise A. DeSimone.
Councillor Galluccio

27. Resolution on the death of Jeanette M. Hammond.
Mayor Sullivan

28. Extending congratulations to Eileen Brown as she takes on her new position as Chancellor/Founder at Cambridge College and thank her for commitment to education.
Mayor Sullivan

29. Congratulations to Mahesh Sharma as he takes on his new position as President at Cambridge College and thank him for his commitment to education.
Mayor Sullivan

30. Expressing appreciation to Kathleen E. Townsend for her sixteen years of dedicated service.
Mayor Sullivan

31. Congratulate all parties involved with 82 Pacific Street in the celebration for their neighborly spirit and support of the open space youth sports, and community recreation.
Mayor Sullivan

32. Congratulating Grant Casassa and Sandra Freitas on their engagement.
Mayor Sullivan

33. Proclaiming Thursday, June 19, 2003 as OUTREACH EDUCATOR DAY in the City of Cambridge and urge all residents to join in acknowledging their dedication and devoted service to the neighborhoods of the City.
Mayor Sullivan

34. Extending wishes for a wonderful event that Farm School will be holding at Henrietta's Table on Friday, May 30, 2003 from 6:00 p.m. - 10:00pm.
Mayor Sullivan

35. Extending congratulations to Giovani Hoyos-Corrales as he opens his new Art Studio and wish him great success.
Mayor Sullivan

36. Resolution on the death of Mrs. Loreen Gephardt, mother of Representative Richard A. Gephardt.
Mayor Sullivan

37. Extending wishes for a very successful Tailgate Party Fundraiser being held on Thursday, May 22, 2003 by Shelter Inc.
Mayor Sullivan

38. Extending a very Happy 45th Birthday to Everett City Councillor Wayne A. Matewsky.
Mayor Sullivan

39. All residents be cognizant of St. Peter's Family Day on Saturday, May 31, 2003.
Councillor Toomey

40. Resolution on the death of Gerard J. Breau.
Councillor Toomey

ORDERS
1. Requesting the City Manager to confer with the Police Department, Traffic, Parking and Transportation Department and the Department of Public Works on traffic calming measures for Cherry Street.
Councillor Simmons.

2. Requesting the City Manager to report back to the City Council on the funding limitations facing the Section 8 voucher program due to the federal budget scenario.
Vice Mayor Davis and Mayor Sullivan.

3. Correction of a scrivener's error in the recently ordained amendment to the Kids' Council Ordinance.
Councillor Maher.

4. Requesting the City Manager, the Mayor and the City Council (the Neighborhood Long Term Planning Committee) to plan a roundtable, on other informational session, on Cambridge as an economic development environment for various bio-scientific, computer and communication technologies, both at present, and in the long-term.
Councillor Reeves, Councillor Simmons and Councillor Decker.

5. Reaffirming the support for a state-wide ban on smoking in the work place and places of public accommodations.
Councillor Maher

6. Danehy Park Track and Field be re-named "Champions Track and Field." 
Councillor Galluccio

7. Requesting the City Manager to direct the Historical Commission to meet with neighbors of the Longfellow House along with the Director to discuss plans to build a new garden. 
Councillor Decker, Councillor Galluccio

8. Requesting the City Manager to confer with his staff for a meeting with the community, to discuss with the community the city's action plan to keep the Area Four community safe over the summer months. 
Councillor Simmons

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on February 5, 2003 for the purpose of further discussion between members of the committee and the city's public health professionals of a proposed amendment to the Smoking Ordinance to ban smoking in bars and restaurants.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors David P. Maher and Brian Murphy, Co-Chairs of the Ordinance Committee, for public hearings held on March 26 and 29, 2003 to consider two proposed rezoning petitions for the Riverside area, one submitted by Robert Carlson et al and one submitted by the Planning Board.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from D. Margaret Drury, City Clerk, regarding proposed Legislation for a Statewide Smoking Ban.

2. A communication was received from Marilyn Y. Bradshaw, Executive Secretary to the School Committee, transmitting the Budget of the Cambridge Public Schools.

HEARING SCHEDULE
Mon, May 12
4:00pm Presentation and reception for scholarship recipients (Sullivan Chamber)
5:30pm City Council Meeting (Sullivan Chamber)

Wed, May 14
8:00am The Human Services Committee will hold a public meeting to discuss what will happen to the after-school programs in the schools that are closing. (Ackermann Room)
4:30pm The Ordinance Committee will conduct a public working meeting to continue discussion of the proposed amendment to the Smoking Ordinance with the City's health and economic development professionals. No public comment. (Sullivan Chamber)

Mon, May 19
5:30pm Roundtable Meeting - Informal discussion of Town/Gown issues with the Planning Board with no public comment, at which time no votes will be taken. Meeting will not be televised. (Sullivan Chamber)

Tues, May 20
10:00am The Finance Committee will conduct a public meeting to discuss the FY04 City Budget. (Sullivan Chamber)

Wed, May 21
3:30pm The Economic Development, Training and Employment Committee will continue to discuss the "Buy Cambridge Initiative" and any other matters that comes before the Committee. (Ackermann Room)

Thurs, May 22
10:00am The Finance Committee will conduct a public meeting to discuss the FY04 City Budget. (Sullivan Chamber)

Tues, May 27
6:00pm The Finance Committee will conduct a public meeting to discuss the FY04 School Department Budget. (Sullivan Chamber)

Fri, May 30
1:00pm The University Relations Committee will hold a public working meeting with members of the School Committee and representatives of Cambridge universities to discuss opportunities for collaboration and cooperation in the areas of education.  (Museum of Science Conference Room)

Mon, June 2
5:00pm Special Presentation - Go Green Business Awards (Sullivan Chamber)
5:30pm City Council Meeting (Sullivan Chamber)

Wed, June 4
10:00am The Finance Committee will conduct a public meeting to discuss the FY04 City Budget. (if necessary) (Sullivan Chamber)
4:00pm The Ordinance Committee will conduct a public hearing to discuss proposed amendments to the Zoning Ordinance on a petition filed by Carolyn Thall, et al., requesting to rezone Plat 112-Plots 49, 50, 51, 52, 53, 54, 55, 56, 95 and 96, currently zoned as Residence C-1, for inclusion in the adjacent Residence B District. This meeting to be televised. (Sullivan Chamber)

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

Wed, June 11
5:30pm The University Relations Committee will hold a facilitated public meeting to discuss the elements of a successful planning and development process. (Location to be announced)

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

Wed, June 18
12:45pm The University Relations Committee will hold a facilitated public meeting to discuss and prioritize future action in the areas considered by the committee in its previous meetings. (Ackermann Room)

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

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

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

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

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

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

Mon, Oct 20
5:30pm City Council Meeting (Sullivan Chamber)

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

TEXT OF ORDERS
O-1        May 12, 2003
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Police Department, Traffic, Parking and Transportation Department and the Department of Public Works on traffic calming measures for Cherry Street.

O-2        May 12, 2003
VICE MAYOR DAVIS
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the funding limitations facing the Section 8 voucher program due to the federal budget scenario.

O-3        May 12, 2003
COUNCILLOR MAHER
ORDERED: That, to correct a scrivener's error, the following phrase: "or a designee of the Commissioner of Health and Hospitals" where it appears directly after "The Commissioner of Health and Hospitals" in line 9, be deleted from Section 2.84.030 (A) of Chapter 2.84, COORDINATING COUNCIL FOR CHILDREN, YOUTH AND FAMILIES, also known as "THE KIDS' COUNCIL" (ORDINANCE NUMBER 1263); and be it further
ORDERED: That Line 9 will then read: "The Commissioner of Health and Hospitals"; and be it further
ORDERED: That this amendment be passed to a second reading.

O-4        May 12, 2003
COUNCILLOR REEVES
COUNCILLOR SIMMONS
COUNCILLOR DECKER
ORDERED: That the City Manager, the Mayor and the City Council (the Neighborhood Long Term Planning Committee) be and hereby is requested to plan a roundtable, on other informational session, on Cambridge as an economic development environment for various bio-scientific, computer and communication technologies, both at present, and in the long-term. The thrust of this session will be to inform the City Council and Cambridge's State Legislative Delegation as well as the Administration about Cambridge's competitiveness in Massachusetts and beyond.

O-5        May 12, 2003 
COUNCILLOR MAHER
WHEREAS: On February 10, 2003 the City Council adopted a policy resolution Order #6 supporting a state-wide ban on smoking in the work place and places of public accommodations; and
WHEREAS: The Ordinance Committee has held several public meetings to ban smoking in all restaurants and bars where the public frequents; and
WHEREAS: Boston has recently enacted a smoking ban for restaurants and bars and the state legislature is contemplating enacting a state-wide smoking ban; now therefore be it
RESOLVED: That this City Council go on record to reaffirm its support for a state-wide ban on smoking in the work place and places of public accommodations; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution to the Cambridge State Legislative Delegation, the co-chairs of the Health Care Committee and House and Senate leadership on behalf of the City Council.

O-6        May 12, 2003 
COUNCILLOR GALLUCCIO
ORDERED: That the Danehy Park Track and Field be re-named "Champions Track and Field."

O-7        May 12, 2003 
COUNCILLOR DECKER 
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to direct the Historical Commission to meet with neighbors of the Longfellow House along with the Director of the Longfellow House to discuss plans to build a new garden and request Longfellow House to delay their plans to move forward until such a meeting with the neighborhood is held.

O-8        May 12, 2003 
COUNCILLOR SIMMONS 
ORDERED: That the City Manager be and hereby is requested to confer with his staff for a meeting with the community, to discuss with the community the City's action plan to keep the Area Four community safe over the summer months.

TEXT OF COMMITTEE REPORTS
Committee Report #1
In City Council May 12, 2003
Councillor Brian Murphy, Co-Chair Councillor David P Maher, Co-Chair

The Ordinance Committee held a working public meeting on February 5, 2003, beginning at 4:20 P.M. in the Sullivan Chamber for the purpose of further discussion between members of the committee and the city's public health professionals of a proposed amendment to the Smoking Ordinance to ban smoking in bars and restaurants.

Present at the meeting were Councillors Brian Murphy and David P. Maher, Co-Chairs of the Committee, Vice Mayor Henrietta Davis, Councillors Anthony D. Galluccio, Kenneth E. Reeves and E. Denise Simmons and City Clerk D. Margaret Drury. Also present were Chief Public Health Officer Harold Cox. Lynn Schoeff, Director of Community Health Programs, Greg Connelly, Tobacco Program, Massachusetts Department of Public Health, Cheryl Sparra, Attorney to Massachusetts Association of Health Boards, D.J. Wilson, Director of Tobacco Control Program, Massachusetts Municipal Association and Jay Auerbach, Director of the Boston Public Health Board.

Councillor Maher requested an update from Mr. Cox. Mr. Cox reported that during the past week, the City of Chelsea Board of Health passed a regulation banning smoking in bars and restaurants, and the country of Ireland passed a similar ban nation-wide. Mr. Auerbach reported the following implementation dates for nearby towns and cities that have adopted secondhand smoke regulation for bars and restaurants: Boston - May 5, 2003; Saugus - May 5, 2003; Chelsea - September, 2003; Beverly and Peabody - first week of August, 2003; Framingham - May 5. 2003. Mashpee is expected to adopt a regulation in the fall of 2003 and Falmouth in January 2004, at which time the entire Cape will be smoke free.

Councillor Galluccio noted that the Chelsea City Council unanimously opposed the smoking ban passed by the Chelsea Board of Health.

In response to a question from Councillor Reeves, Mr. Connelly said that the Robert Wood Johnson Foundation has provided significant funds for the programs working on the secondhand smoke issue.

Councillor Reeves asked why not ban cigarettes altogether rather than banning smoking in bars and restaurants. Mr. Connelly said that a complete ban is not practical; tobacco is a very addictive drug and prohibition did not work with regard to alcohol. However, the research shows that as the social environment changes to exclude smoking, quit rates go up.

Councillor Reeves expressed his continuing concern with the social engineering aspect of the government regulating "bad things" like high fat food, alcohol or cigarettes. Mr. Cox said that the government routinely regulates materials that constitute health risks to the public and gave the example of asbestos. Councillor Reeves responded that the government regulates asbestos by banning its use and getting rid of all of it.

Councillor Galluccio said that secondhand smoke harms others, not just the smokers. He is trying to come to terms with the question of the appropriate level of regulation by local government in the area of workplace safety, an area in which the federal government, not the municipal government usually regulates.

Mr. Connelly said that the tobacco industry has lobbied very successfully at the federal level. OSHA is specifically prohibited from regulating tobacco as a workplace safety hazard. If the amount of benzene released into the air from secondhand smoke was present in the workplace through any other cause, OSHA would shut down the workplace. The EPA has ruled that there is no safe level of secondhand smoke, and a Federal Appeals Court recently upheld that ruling. The EPA has found that the health risk for an environment with secondhand smoke is 30% higher than one without the smoke.

Councillor Galluccio said that the owners of small neighborhood bars in Cambridge are very worried that the ban will force them out of business. He does not believe that the health risk faced by a bartender in a small establishment where a few people are smoking can possibly be the same as the risk in a large, smoke-filled establishment. Councillor Galluccio said that he would like to see suggestions for regulatory language that allows the City Council to change the ordinance to increase the protection of workers and patrons from secondhand smoke but to recognize that there may be different levels of risk associated with small neighborhood bars and to address the business concerns of these small business owners. Perhaps there could be a mechanism for granting licenses that would be phased out down the road. Councillor Galluccio requested in-depth information about how exemptions are waivers are going to work in all of the other Massachusetts communities implementing bans or restrictions on secondhand smoke. He noted that he is more supportive of national and statewide bans, they provide a more equal playing field.

Mr. Cox said that in his opinion as a public health official, after making incremental process on reducing second hand smoke since the 1980's, Cambridge needs a 100% ban. However the Health Department has given a great deal of thought and has many suggestions about ways to implement the ban to give input, choices and assistance to the small business owners.

Councillor Simmons said that the ban amounts to an unfunded mandate for the small business owners. She wants more information about the economic development issues. What is the increased cost of this regulation for business owners? Is there any research on the costs in addition to that conducted by or for public health officials, who have a vested interest in highlighting studies showing no costs? She would like to have this information from the Economic Development Division of the Community Development Department.

Mr. Auerbach then explained the exemption and waiver provisions in the Boston regulations and described Boston's plans for implementation and enforcement. An owner may apply for a waiver for reason of hardship up to 90 days after the date of implementation of the regulation. The waiver cannot last for more than 90 days, and cannot be extended or renewed. The Mayor has no role or authority in deciding on waivers; judgment is entirely vested in the director of the Public Health Board. The previous smoking regulations also provided for waivers, and in 1998, of 1,000 requests, two waivers were granted. In response to a question from Councillor Murphy, Mr. Auerbach said that waivers would not be granted for the national convention; indeed, he could not grant them under the regulation, which only provides for the grant of waivers during the first 90 days. The only exemption in the regulations is for "smoking bars," establishments that derive more than 50% of their income from tobacco, establishments where expensive cigars are sold. Requirements for proof of the source of income will eliminate the possibility of an owner of a bar where smoking is banned owning a smoking bar next door.

According to Mr. Auerbach, a great deal of thought and work has gone into the preparation of the implementation plan, which the Board of Health required to be completed before they voted on the regulation. The implementation plan requires establishment of an implementation board including bar and restaurant owners and residents. The plan also features implementation meetings in every neighborhood. The Public Health Department budget has been amended to hire four part time employees to work on enforcement evenings and weekends for several months. In addition there are four fulltime compliance officers. The fine for a first violation is $100, for the second violation within two years, $500, and for three or more, $1,000 per violation. However, the implementation plan emphasizes an approach of working with the owners and community in partnership.

Councillor Maher asked if Boston has adopted any economic stimulus measures to assist owners. Mr. Auerbach said that the staff provided the Public Health Board with all of the data and economic impact studies that they could find. They did not find a single study that looked at financial impact data and found decreased revenues.

Ms. Johnson said that she was just recently requested to become involved in this matter, but in a short time on the Internet, she found some towns where there was a negative economic impact. She expressed concern that the voice of the business owners be heard.

It was agreed without objection that the committee would hold further discussions after Ms. Johnson has had an opportunity to review the reports that have been presented to the committee and to have any additional discussions with business owners she deems necessary. Councillor Reeves noted that there has also been a request for information about the exemptions, waivers, etc. that exist in the regulations of other localities.

Councillor Maher and Councillor Murphy thanked all those present for their participation. The meeting was adjourned at 6:04 p.m.

For the Committee,
Councillor David P. Maher, Co-Chair
Councillor Brian Murphy, Co-Chair

Committee Report #2
In City Council May 12, 2003
Councillor Brian Murphy, Co-Chair Councillor David P Maher, Co-Chair

The Ordinance Committee held a public hearing on March 26, 2003, beginning at 4:45 P.M. in the Sullivan Chamber for the purpose of considering a petition filed by the Planning Board to amend the zoning in the Riverside area and a public hearing beginning at 5:15 P.M. to consider a petition re- filed by Robert S. Carlson et al., to amend the zoning in the same area.

Present at the hearing were Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the committee, Mayor Michael A. Sullivan, Vice Mayor Henrietta Davis, Councillor Marjorie C. Decker, Councillor Anthony D. Galluccio, Councillor E. Denise Simmons, City Clerk D. Margaret Drury and Elaine McGrath, City Clerk's Office. Also present were Beth Rubenstein, Assistant City Manager for Community Development, Carol Glazer, Deputy Director of the Community Development Department (CDD), Lester Barber, Director of Zoning and Land Use, CDD and Stuart Dash, Director of Neighborhood Planning, CDD.

Councillor Maher convened the hearing and explained the purpose and the procedure. He said that because the Ordinance Committee would be holding two public hearings on two petitions that contain two different proposals for zoning for the same location, the committee would hear a presentation on the Planning Board petition by CDD staff first. After this presentation, the committee would open the hearing on Carlson petition. There would be a presentation by proponents and affected landowners. Thereafter the committee would take public testimony relative to both petitions. He informed those present that the at the end of the pubic testimony, the public hearings would be recessed until 9:30 a.m. on March 29, 2003 to take public testimony from persons unable to be present at the March 26th hearing. Councillor Maher then invited Beth Rubenstein to begin the presentation of the Planning Board petition.

Ms. Rubenstein summarized the history of the development of the two petitions and described the general principles on which the Planning Board petition is based as follows:

* Current zoning is outmoded and would permit excessive and inappropriate future development.
* Current zoning fails to manage acceptably the transition between the Harvard property and the residential Riverside neighborhood centering on the Banks Street axis.
* Particularly for Harvard as the principal landowner and probable sponsor of any major future development in Riverside, any public process for new construction should include consideration of the university's impact of the neighborhood edge and amelioration of past planning and development mistakes.
* The city has an interest in encouraging a proper scale of development that can serve both the needs of property owners and the complex needs of the city and its constituent communities.
* The need to compromise and harmonize the sometimes-conflicting community values of housing and more open space, and vital institutions and healthy neighborhoods.
* Use of incentives to the property owner to achieve community objectives such as large public parks that cannot otherwise be achieved through the use of the regulatory zoning mechanism.

Ms. Rubenstein then introduced Mr. Barber to describe the proposed rezoning. Mr. Barber explained that, like the Carlson petition, the Planning Board petition proposes to rezone six areas of Riverside, the six areas that were the focus of the Riverside Study Committee's efforts. For three of these areas, the Mahoney blocks, the NSTAR site and Banks Street, the Planning Board recommends base-zoning districts augmented by the application of a Planned Unit Development (PUD) overlay district. The Planning Board recommends the PUD approach because it provides a public forum for consideration of proposed projects, the opportunity to coordinate development on separate but interrelated sites, and more flexibility in allowing compromises that achieve both developer's and community's goals with regard to sensitive sites. Mr. Barber then summarized the Planning Board's specific zoning recommendations for each area. A summary of these recommendations is attached to this report. Attachment A. He also submitted maps showing the current zoning, the zoning proposed by the Planning Board petition and the zoning proposed by the Carlson petition. Attachment B.

Councillor Maher invited questions and comments from the City Councillors. Vice Mayor Davis said that the one page chart comparing the Planning Board and Carlson petitions should have included the zoning that would be allowed by the PUD overlay as well as the base zoning. Councillor Simmons asked how many units the Banks Street area PUD would allow. Mr. Barber said that the density remains low under the PUD, one unit per 1200 square feet is allowed.

At 5:15 p.m. Councillor Maher opened the hearing on the Carlson petition and invited the proponents to make a presentation. Phyllis Bauman, 19 Bay Street, member of the Riverside Neighborhood Study Committee, began the presentation with a description of the planning process that resulted in this petition, the overall values underlying the petition and the conceptual differences of the Carlson petition approach from the Planning Board petition. She said that planning is more than physical structures; planning must reflect community values, and the question is who will determine these values. After a two year intensive process, the study committee determined that their values were as follow:

* Preserve the Charles River as a public space, not a stream that runs through a university campus.
* Preserve the scale of the neighborhood, with appropriate transitions to the river.
* Empower the neighborhood. When zoning is overly generous, there is no need for the developers to negotiate with the neighborhood.

Ms. Bauman emphasized that the Riverside Neighborhood Study Committee and the Planning Board have very different conceptual approaches. The Planning Board approach relies heavily on PUDs, which give a great deal of discretion to the Planning Board. The Planning Board's track record is that developers get the maximums provided in the PUD partly because the statutory time limits mean that the Planning Board must beg for extensions from the developer. Planned unit development overlays are not appropriate tools for small residential areas.

Alec Wysoker, member of the Riverside Neighborhood Study Committee, began his presentation by expressing the shock he experienced upon observing the capricious way in which the Planning Board arrived at its zoning proposal. The Planning Board report showed no consideration of traffic and parking and did not include a traffic analysis. The Planning Board recommendation is not guided by a set of principles; the rationales for various sections are inconsistent.

Mr. Wysoker said that the Carlson petition is "neighborhood friendly" and provided an overview of the Carlson petition proposals for each area. See attached "Summary of Carlson Riverside Rezoning Petition." Attachment C.

With regard to Area 1, the Mahoney blocks, Mr. Wysoker noted that the Carlson petition proposes .6 FAR and 20 ft. height limits, with the possibility of 1.0 FAR and 35 ft. height by special permit. Not only is .6 FAR not confiscatory, it is not even the lowest FAR in the city. It is modeled after zoning found in many Massachusetts towns. The zoning will prevent dormitories, which are not good neighbors and it will not make the already terrible traffic situation worse. With regard to Area 3, Mr. Wysoker said that the committee's goal was to match the existing scale, but without the backyard houses and small setbacks of some of the existing lots. He also said that while the neighborhood is concerned about the YMCA's objection to the Carlson proposal, an 85-foot height limit on Green Street is just too high. Mr. Wysoker also pointed out that the Carlson petition proposes elimination of the Townhouse Ordinance because it no longer serves its purpose.

Alan Joslin, 36 Banks Street, representing the Kerry Corner Improvement Association (KCIA), made the next presentation. He explained that the KCIA is proposing an amendment to the zoning proposed for Area 6 in the Carlson petition and submitted a written proposal to that effect. Attachment D. The KCIA amendment would allow new student housing but restrict it to Cowperthwaite, no higher than the height of Mather House. The proposal would also limit density in Kerry Corner to one building per lot and six units per building with a maximum square footage of 5,000.

Lawrence Adkins, President of the Riverside Neighborhood Association and member of the Riverside Neighborhood Study Committee, concluded the neighborhood presentation. He said that the study committee members deserve thanks from the City for all of the time they donated to this project. He expressed his disappointment with the failure of the City to follow through on the promise of a new traffic study and further failure to help the study committee do its own traffic study. Mr. Adkins requested that if the members of the City Council do not understand any part of the Carlson petition, the study committee, not the Community Development Department, be consulted. Mr. Adkins emphasized that the Charles River belongs to the entire city and that it is reasonable to keep dormitories out of residential areas.

Councillor Maher announced that the next presentation would be made by Harvard University as a major landowner in the affected area. Alan Stone, 31 Antrim Street, Vice President of Community and Government Affairs, began the presentation. Mr. Stone said that the City Council has emphasized the desire for Harvard to house more of its students. Harvard shares this goal. He stated that both the Carlson and the Planning Board petitions undermine this goal as well as the City's goal for more affordable units. Mr. Stone then introduced Kathy Spiegelman, Chief Planner for Harvard University.

Ms. Spiegelman also emphasized the mutual interest of Harvard and the City in Harvard housing more of its students. Currently Harvard houses 97 - 100% of its undergraduate students and 38 % of its graduate students. Harvard's goal is to house 50% of the total number of 11,000 graduate students within the next 10 years. Ms. Spiegelman expressed the belief that in the process of the construction necessary to meet this goal, Harvard can cooperate with the city to assist in meeting community goals of open space, affordable housing and public access to the Charles River. However, both of the zoning proposals present substantial obstacles to achieving these goals. To house 50% of the graduate students, Harvard would need an additional 1500 beds, which is roughly equivalent to 500 new units. The current zoning would allow 1250 beds. The Carlson petition would reduce the allowable beds by over 1,000, which is an 85% reduction and the Planning Board petition would result in a reduction of almost 800 beds, a 63% reduction from the currently allowed number of beds. These reductions would also drastically reduce the number of affordable units required under the inclusionary zoning ordinance. She requested the City Council to consider whether such drastic reductions are truly necessary to achieve the goals of balance development with respect for the neighborhood edge, goals that both Harvard and the City have.

At this time, Dennis Carlone, architect and urban planner, presented maps and schematic drawings of the building sizes and uses that Harvard has in mind for the land it owns within the area affected by the petitions Five of these maps, along with letters outlining Harvard's specific criticism of each zoning petition are attached to this report as Attachment E. Full copies of the material submitted are available in the Clerk's Office. Mary Power, Senior Director of Community Affairs for Harvard University, closed the presentation with an emphasis on the shared goals of Harvard and the City of Cambridge.

Vice Mayor Davis objected to Harvard's presentation of the base zoning figures in the proposed petitions, without also using the less restrictive PUD allowances that the Planning Board provides or the special permit height allowances in the Carlson petition as misleading. She also asked about Harvard's vision for the river area, and Ms. Spiegelman responded that the vision was one of shared open space.

Councillor Decker criticized the presentation's focus on affordable housing and the shared goals of the city and the university as disingenuous, since the real goal is university expansion and Harvard could do a great deal more for affordable housing in Cambridge without harming existing neighborhoods.

Councillor Maher announced that Jeff Seifert, Executive Director of the Cambridge Family YMCA, would make the final presentation on behalf of the Y as an affected property owner. Mr. Seifert said that the Cambridge Family YMCA is out of compliance with many regulations, such as the requirement for accessibility for disabled persons. Renovations are desperately needed, and the Y needs to be able to maximize the development potential of its Green Street lot to be able to afford these renovations. Mr. Seifert described the organizations mission and services to the community and requested that the City Council not downzone the Green Street lot.

At this time Councillor Maher invited public comment on both petitions.

Dirk Casagrande, Winchester, representing Myopia Trust, owner of 300 Putnam Avenue and Hansa Trust, owner of 359 Allston Street, spoke in opposition to both of the proposed rezoning petitions. They not make financial sense. It would be harmful to his business interest and the city's ability to collect property taxes.

Peter Ellison, Dean of Harvard Graduate School of Arts and Sciences, said that, unlike students in the graduate professional schools, students at the School of Arts and Sciences spend an average of six to seven years pursuing their degrees. Over 50% of the students live within walking distance of Harvard Square, and they are unlikely to go live farther away. Graduate students are excellent neighbors.

Joan Qualls Harris, 25 Hews Street, stated that she is a member of the Riverside Neighborhood Study Committee and a lifetime resident of Riverside, formerly know as "the Coast." She urged the City Council to support the Carlson petition. She urged the City Council to focus on the quality of life of the residents and support the Carlson petition.

Tim Cross, Associate Dean of the Harvard Divinity School, emphasized the importance of housing to the graduate divinity school and the character of its community. He urged the City Council to reject both petitions.

Dick Stone, 179 Putnam Avenue, spoke in opposition to the Carlson petition. The primary rationale for the petition, with its draconian down zoning, is that there are not enough parking spaces. That is not enough justification for this magnitude of change.

Beryl Hartman, 28 Banks Street, Kerry Corner is an intact residential neighborhood, not a transition zone. Harvard's proposal would destroy this neighborhood. Maximizing the number of beds is not an appropriate goal for the City Council to pursue. She asked the City Council to reject the Planning Board petition and adopt the Carlson petition with the proposed amendment for the Kerry Corner area.

Laura Arena, 44 Magoun Street, stated that she works for the Office of Student Affairs in the Harvard Graduate School of Education. She emphasized the need for more graduate student housing and asked the City Council to reject both petitions to enable the development of more graduate student housing.

Mark McGovern, 210 Putnam Avenue, urged the City Council to support the Carlson petition. He said that it offers the greatest protection to the neighborhood.

Nita Sembrowich, Cambridge, Riverside Neighborhood Association, requested that the City Council support the Carlson petition. She expressed particular concern about the NSTAR building.

Guy Asaph, Trowbridge Street, stated that he has lived in Cambridge for 26 years. Harvard has been here 300 years and takes a longer view. He urged the City Council to go beyond the "necessary sport of Harvard-bashing." He characterized the Carlson petition as an absolute taking.

Bridget Dinsmore, 22 Athens Street, urged support for the Carlson petition. It represents the outcome of the neighborhood study. Developers have already gotten more than their fair share of Cambridge.

Gwen Acton, 20 Mount Auburn Street, spoke in support of the Kerry Corner Neighborhood Association proposed amendment to the Carlson petition. The neighborhood would like Harvard to look at other alternatives to house their students, perhaps reuse of existing buildings or other parts of the campus like the parking lot up by the Divinity School. She welcomes the deans who are here to speak on behalf of their students and would like to continue the conversation. She believes their goals are quite close to those of the neighbors.

David Schur, 16 Mount Auburn Street, expressed strong support for the Carlson petition.

Mark Gross, Kinnaird Street, said that the City Council's job is to represent the residents and requested that the Council ordain the Carlson petition.

Wendy Baring-Gould, Franklin Street, stated that as she listened to the case that the Harvard deans are making, it seemed to her that what they were talking about was growth. She originally came to Cambridge to attend a graduate program at Harvard that she loved. When she attended, the enrollment was 600 students, now it is over 2000. Harvard can grow indefinitely, but it does not have to grow in Cambridge if its growth would destroy the neighborhood. The new Allston student-housing site is horrible; Harvard should compensate for its visual blight across the river in Allston by what it does with the Mahoney site.

Kevin Hill, Cambridge, said that Harvard's endowment is bigger that the gross national product of many countries. Harvard is going to eliminate the blue-collar residents of color. He expressed support for protecting the neighborhood and putting Harvard in check.

Tom Lucey, president of the Cambridge Chamber of Commerce, spoke in opposition to the Carlson petition. The amendment would render many small properties out of compliance with the Zoning Ordinance. Mr. Lucey stated that he is a board member of the Cambridge Family Y, and that the proposal would be detrimental to the Y.

At 8:30 p.m., the hearing was recessed until Saturday, March 29, 2003. Councillor Maher reconvened the hearing at 9:27 a.m. on March 29, 2003.After short summaries by representatives of the entities that made presentations at the March 26th portion of the hearing, public testimony resumed.

Hedy Pocius, 2 Mount Auburn Street, said that Harvard Planning and Real Estate is not sensitive to its neighbors. She urged the City Council to protect the residents and support the Carlson petition.

Rebecca Spencer, Cambridge, Graduate Student Council President, said that housing is the issue raised most often by Harvard graduate students. They want to live in Cambridge. The sites in the petition would be perfect for graduate student housing.

Vince Dixon, Harvard Street, expressed his appreciation for the Saturday continuation of the hearing. He urged the City Council to support the Carlson petition. He said that allowing planned unit developments by special permit is destructive to the actual zoning. He also requested that the City Council consider the needs of the Cambridge Family Y.

Martha Wermer, 51 Hayes Street, said that peace of mind for Cambridge residents means the right to enjoy their own homes. If Harvard builds too close, it destroys that peace. She requested that the City Council imagine what would happen to her health in such a situation. Her psoriasis, chronic headaches and even migraines would re-occur if she were subjected to this. In addition, imagine how sick she would feel if the City Council did not stand up to Harvard to protect the residents' rights. She urged the City Council to adopt the Carlson petition.

Trenery Dolbear, 19 Hingham Street, stated that he is an abutter on Hingham Street. He cannot bring himself to argue for the restrictive heights proposed by the Carlson petition.

David Lee, consultant to the Riverside Neighborhood Study Committee, spoke to the integrity of the process. He described the process and said that it was unfortunate that most of the effort was spent on the zoning, especially with respect to the Mahoney site and Kerry Corner. Zoning is a very limited tool for effective overall planning. He said that he wished that the committee could have spent more time on the broader planning principles.

Robert Freed, 16 Soden Street spoke in support of the Carlson petition. The proposed zoning would protect a small neighborhood from further development of large elevator buildings. For him the issue on Green Street is not the Y parking lot but rather where to draw the line between Central Square and a small neighborhood. The Carlson petition may go too far but the Planning Board offers no protection to the neighborhood. He suggests rezoning the entire area from C-2 to C-1 as Carlson proposes, but keeping the zoning for the south side of Green Street as C-2 from Sellers Street to Pleasant Street. He submitted a letter. Attachment F.

Jessing Wenning, 106 Kinnaird Street, member of the Riverside Study Committee, thanked the committee for holding a Saturday hearing. The study committee worked carefully with the professionals on the planning issues. She asked the City Councillors to look beyond the numbers on the plans and visit the sites to see for themselves.

Carol Bankerd, 5 Grant Street, said that she is wearing three hats at this meeting: Riverside Neighborhood Study Committee member, Riverside booster and Kerry Corner resident. She emphasized that issues of the Charles River concern the entire city. She described the shadows on Grant Street caused by Leverett House and she asked the City Council to consider the need of Banks Street and Grant Street to grow to maintain a viable neighborhood in that area.

Former City Councillor and State Representative Saundra Graham reviewed the history of Riverside and the ongoing struggle of the neighborhood for preservation in the face of Harvard's expansion plans. She emphasized that this is not the time to negotiate with Harvard; Harvard had the 18 months of the Riverside Study Committee process to negotiate. The study committee process was a wonderful process. She urged the City Council to support the neighborhood and said that the community will elect its representatives on the basis of whether they protect the community.

Elie Yarden, 143 Pleasant Street said that the fundamental issue is the protection of civil society from predatory institutions and corporations. Harvard provides Cambridge with much that he values highly, but its current plans and activities ignore the geography of the city. It is the City Council's job to determine what is a just and what an unjust use of property. He submitted a copy of "Harvard Expansion and the Future of Cambridge, a Report from a Cambridge Neighborhood Forum October 17, 1990." On file at the Office of the City Clerk.

Dan Anderson, 16 Grant Street, expressed his sense that Harvard has provided a step forward to the neighborhood but that the issue is still not settled. He would like to see a constructive dialogue between the university and the neighborhood to arrive at a workable compromise. He would like to see more discussion on issues of livability, perhaps through the design review process. He is very concerned about shadows on Grant Street.

John Pitkin, 18 Fayette Street, said that planned unit developments (PUDs) are good in theory, but in practice in Cambridge they do not work. He urged the City Council not to include PUDs in the zoning for Riverside. He also said that the Planning Board has not been seen as evenhanded and fair to the same degree as in the past. Mr. Pitkin added that he is very concerned about the character of the Charles River and its banks, not just the access to the river.

Mike Brennan, 27 Grant Street, said that right now Grant Street is the service street for the Harvard housing. Harvard is not a good neighbor and students are not good neighbors. Loud students awaken him at 3 a.m. These kids are having fun while he is sleeping in order to work to support his family. He asked the City Council to support the Carlson petition.

Sarah Smith, 267 Putnam Avenue, said that all of Cambridge and especially the Charles River belong to all the residents. She urged the City Council to say no to townhouses and PUDs.

Steve Kaiser, Hamilton Street, urged the City Council to reject PUDs and to adopt zoning that limits heights to 45 feet. He said that the City is stuck with Peabody Terrace, but not stuck with its parking garage. He suggested that Harvard build new housing where the parking garage is currently located.

Stash Horowitz, 12 Florence Street, said that public comment should not be limited to three minutes each in this hearing. He stated that Harvard should expand in Allston - Cambridge is only six square miles with no room for further Harvard expansion. Cambridge now has only three blocks along the Charles River that are not controlled by universities. He urged the committee to look at Stanford and New Haven for examples of better ways for Harvard to house its community. Mr. Horowitz submitted a letter for the record. Attachment G.

At the close of public comment, the committee members present agreed without objection that both petitions would remain in committee. Councillors Maher and Murphy thanked all those present for their attendance and participation.

The hearing was adjourned at 12 p.m.

For the Committee,
Councillor David P. Maher, Co-Chair
Councillor Brian Murphy, Co-Chair