Cambridge City Council meeting - June 1, 2009 - AGENDA
Councillor Reeves was ABSENT

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable Without Power for a term of three years, effective the first day of January, 2009:  Enoch Johnson

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-16, regarding a report on opportunities for electric vehicles to recharge in Cambridge.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-33, regarding the feasibility of posting proposed zoning changes in a manner similar to that done for BZA hearings.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-50, regarding a report on whether the community space at the Windsor Street Clinic will remain open despite the clinic's closing.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-45, regarding a report on assisting the Jose Mateo Ballet Theatre with their Dance for World Community Festival

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-53, regarding a report on the status of the Malik Academy lease.

Letter from HRI (Homeowner's Rehab, Inc.):

TO: Bob Healy, Cambridge City Manager
FROM: Peter Daly, Executive Director
DATE: May 19th, 2009
SUBJECT: Malik Academy

808 Memorial Drive is owned by a limited partnership of which HRI and the residents are managing general partners. The property consists of 300 units of rental housing (211 affordable and 89 market) and approximately 38,000 sq. ft. of market commercial space. The business model that we have always used for this property is that the market residential and commercial help subsidize the 211 affordable units.

Malik Academy came to Winn Management (who handles all operations) approximately three years ago looking to rent some commercial space. They expressed interest in a space (4650 sq. ft.) that was a little larger than they were needing, but they expected to expand and grow into it. In consideration of their expansion, we gave them a concessionary rate of $15/sq. ft. (including heat and water/sewer) for 3 years. They were also provided a $20,000 build out/improvement allowance which they decided to use instead toward rent payments. However, we advised them that we would likely be looking for a rent increase at renewal. The term expires August 31, 2009.

A few months ago, Winn approached Malik Academy as we do with all lease expirations, to see if they were interested in a renewal. They indicated that they were, and Winn provided them with a proposed 5 year rent structure of $16/sq. ft. in year one that increased by a dollar a square foot per year. It should be noted that current commercial rents at 808 Memorial Drive average over $22/sq. ft., so the offered rent was 38% lower than other tenants. They responded that they expected a rent decrease since they believed that market rents had declined. Winn responded that since they started out below market, and market rents of this class in Cambridge had not declined significantly, the proposed rents were still below market.

Malik Academy insisted that they could find plenty of space in Cambridge that was lower than our proposed rates and they might move to another location. They asked for a letter of recommendation to show new potential landlords stating that they were good tenants and Winn complied. In anticipation of a possible vacant space, Winn put out feelers for a new tenant and received an offer from another day care provider that is significantly higher than the proposal that Malik Academy rejected. Since there was no movement with Malik Academy on their position, we accepted this new offer from the other day care provider.

As you know, our commitment to the residents at 808 Memorial Drive is very strong. However, we are deeply concerned not only about the effects of state budget cuts but also about the impact of the economy on our residents and their ability to pay rent. We feel very confident that Malik Academy was offered a below market rent. In fact, the difference in our proposal to Malik Academy and the new day care provider would represent a significant rent loss to us over the term of the lease. The lease they proposed would represent a rent loss to us in excess of $100,000 over the term of the lease.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-49, regarding a report on whether additional stop signs are needed at Pacific and Albany Streets.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-32, regarding a report on the tree planting schedule and locations including the status of the waiting list.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-37, regarding a report on ways to increase the number of businesses and institutions that compost.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-51, regarding a report on the status of the Harvard Senior Picnic. [The Harvard Senior Picnic, which is hosted by the Mayor's Office in conjunction with Harvard University, is scheduled to go forward as planned on Wed, July 29, 2009.]

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-52, regarding a report on the City's policy regarding rape alerts.
Referred to Public Safety Committee - Davis

12. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to approve the application for a Jitney License by Day & Knight Transportation.

13. Transmitting communication from Robert W. Healy, City Manager, relative to a transfer of $23,560 within the Public Safety Answering Position Support (PSAP Support) Grant funded from the State 911 Department from the Grant Fund Emergency Communications Salaries and Wages account to the Emergency Communications Extraordinary Expenditures account and will support the purchase of computer-aided dispatch equipment.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-27, regarding a report on whether there has been an increase in participation in the Free and Reduced Lunch program.

15. Transmitting communication from Robert W. Healy, City Manager, relative to an order authorizing the City Manager to transfer appropriations for available balances prior to the close of books for FY08-09.

16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-40, regarding a report on Tucker Library Interiors, LLC not employing Cambridge residents, minorities, women and not OSHA 10 hour certified employees.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $300,000 from the Employee Benefits Salary and Wages account (Insurance) to the General Fund Fire Travel and Training (Judgments & Damages) account to cover medical services and/or prescription reimbursement costs for fire personnel injured in performance of their duties.

18. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $101,237.26 within a Homeland Security Grant from the Grant Fund Fire Salaries and Wages account to the Grant Fund Fire Extraordinary Expenditures account for the purchases of tactical medical equipment and hazardous material equipment.

19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-30, regarding a report on the Concord Avenue radio antennae issue.

20. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-44, regarding a report on plans for summer safety.

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

2. That the City Manager is requested to make available adequate funds to the City Council so that the City Council can hire its own legal expert to review relevant issues in pending litigation. [Tabled on motion of Councillor Davis Order Number Two of May 18, 2009 together with motion to amend by substitution submitted by Councillor Toomey.]

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

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

5. An application from Alan L. Johnson, requesting a curb cut at the premises numbered 135 Western Avenue; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, Public Works. No response has been received from the neighborhood association. [Charter right exercised by Councillor Reeves on Mar 23, 2009. Meeting recessed on Mar 30, 2009. Referred to Unfinished Business on motion of Councillor Ward on Apr 6, 2009.]

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a public meeting held on Apr 14, 2009 to consider a petition submitted by Lesley University to amend the Zoning Map and Article 10.000 of the Zoning Ordinance by adding "Section 20.200 Lesley Porter Overlay District." The question comes on passing to be ordained on or after May 25, 2009. Planning Board hearing held Apr 7, 2009. Petition expires July 13, 2009.

APPLICATIONS AND PETITIONS
1. An application was received from Phoenix Landing, requesting permission for four tables and sixteen chairs for restaurant seating in front of 512 Massachusetts Avenue.

2. An application was received from Boutique Fabulous, requesting permission to display merchandise and a sandwich board sign in front of 1309 Cambridge Street.

3. An application was received from Your Hair Salon, requesting permission for two tables to display merchandise in front of 27 Mount Auburn Street.

4. An application was received from Saints Constantine and Helen Church, requesting permission for a temporary banner across Massachusetts Avenue at Pearl and Norfolk Streets announcing the Grecian Festival June 19th - June 21st.

5. An application was received from Cambridge Public Library , requesting permission for a temporary banner across Massachusetts Avenue at Temple Street promoting Cambridge READS Citywide Book Club and author visit on Nov 12, 2009.

COMMUNICATIONS
1. A communication was received from Linda Mochi, transmitting thanks for the resolution on the loss of her brother.

2. A communication was received from Sarah M. Farrington, 18 Frost Street, transmitting seventy-one written protests to the Lesley Porter Overlay District II Zoning Petition.
3. A communication was received from Sarah M. Farrington, 18 Frost Street, transmitting four written protests to the Lesley Porter Overlay District II Zoning Petition.
4. A communication was received from Ada Palmer, 6 Arlington Street #3, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
5. A communication was received from Amanda Teo, 7 Arlington Street #54, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
6. A communication was received from Claire Graham Neely, 2 Arlington Street #11, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
7. A communication was received from Susanne Freidberg, 6 Arlington Street #31, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
8. A communication was received from (signature illegible), 2 Arlington Street #33, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
9. A communication was received from Andrew Whitacre, 2 Arlington Street #22, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
10. A communication was received from Lindsay M.S. Whitacre, 2 Arlington Street #22, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
11. A communication was received from Mary H. White, 2 Arlington Street #23, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
12. A communication was received from Rosemary D. White, 2 Arlington Street #23, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
13. A communication was received from Norma Olbert, 7 Arlington Street #36, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
14. A communication was received from Andy Chu, 2 Arlington Street #14, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
15. A communication was received from Sarah C. Kellogg, 2 Newport Road #7, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
16. A communication was received from Nancy D. Kelly and Samuel Jay Keyser, 7 Frost Street, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.
17. A communication was received from Elizabeth Taylor Mead, 2 Newport Road#6, transmitting written protest to the Lesley Porter Overlay District II Zoning Petition.


18. A communication was received from Joan F. Pickett, President, Mid Cambridge Neighborhood Association, requesting neighborhood input into the progress for the proposed amendment to the Zoning Ordinance relating to vehicle sharing.


RESOLUTIONS
1. Resolution on the death of Specialist Omar M. Albrak.   Councillor Decker
2. Resolution on the death of Specialist David A. Schaefer Jr.   Councillor Decker
3. Resolution on the death of Corporal Ryan C. McGhee.   Councillor Decker
4. Resolution on the death of Specialist Jacob D. Barton.   Councillor Decker
5. Resolution on the death of Sergeant Christian E. Bueon-Galdos.   Councillor Decker
6. Resolution on the death of Major Matthew P. Houseal.   Councillor Decker
7. Resolution on the death of Commander Charles K. Springle.   Councillor Decker
8. Resolution on the death of Private First Class Michael E. Yates Jr.   Councillor Decker
9. Resolution on the death of Major Steven Hutchison.   Councillor Decker

10. Resolution on the death of Oscar Fitzgerald Moore.   Councillor Ward, Mayor Simmons

11. Best wishes to Aaron Stockwell in his professional career in scouting as a member of the BSA's Philmont Scout Ranch on his path to becoming a Unitarian minister.   Councillor Kelley

12. Congratulations to Robbie Samuels on receiving The Lavender Rhino Award.   Mayor Simmons

13. Congratulations to Congressman Barney Frank on receiving The History Maker Award.   Mayor Simmons

14. Retirement of Charlene Morrison from the Kennedy-Longfellow School.   Mayor Simmons

15. Retirement of Elizabeth Fuchs from the Kennedy-Longfellow School.   Mayor Simmons

16. Best wishes for a successful event to the organizers of the Annual Grecian Festival of Saints Constantine and Helen Greek Orthodox Church on June 19-21, 2009 at 14 Magazine Street.   Mayor Simmons

17. Retirement of Kathleen Conway from the Kennedy-Longfellow School.   Mayor Simmons

18. Resolution on the death of Joseph G. "Jerry" Murphy, Jr.   Councillor Maher

19. Congratulations to Shamsher Bam on achieving his Bachelor of Science, Registered Nurse degree from the University of Massachusetts in Boston.   Mayor Simmons

20. Gratitude to Sergeant Detective Pauline Carter-Wells, Cambridge Police Department, and Detective Michael Kiely, Somerville Police Department, for the apprehension of the street robbery suspect in the Porter Square area.   Councillor Toomey

21. Congratulations to the retirees of the Cambridge School Department.   Councillor Maher

22. Congratulations to Charles River Canoe & Kayak on its new location in Kendall Square.   Councillor Davis

23. Congratulations to Annette Cournoyer on the occasion of receiving the 2009 Kenneth S. Neal Award from the Cambridge School Volunteers.   Vice Mayor Seidel

24. Congratulations to the Mid Cambridge Neighborhood Association and the Longfellow Neighborhood Council on their presentation of "Our Town" at the Mid-Cambridge Neighborhood Association Annual Meeting on May 20, 2009.   Vice Mayor Seidel

25. Resolution on the death of Sergeant First Class Brian Naseman.   Councillor Decker
26. Resolution on the death of First Lieutenant Leevi K. Barnard.   Councillor Decker
27. Resolution on the death of Sergeant Paul F. Brooks.   Councillor Decker
28. Resolution on the death of Major Jason E. George.   Councillor Decker

29. Congratulations to the Cambridge Community Chorus on their performance on May 17, 2009 under the direction of Music Director Jamie Kirsch.   Councillor Reeves

30. Resolution on the death of Audrey Ince.   Councillor Reeves


35. Resolution on the death of William J. Cantwell, retired Deputy Fire Chief of the Cambridge Fire Department.   Councillor Maher, Councillor Toomey


ORDERS
1. That the City Manager is requested to confer with the Cambridge Public Health Department on the extent to which Cambridge youth and adults are experiencing the presence of lice as well as preventative measures for lice infestation and how to combat such infestation if it occurs.   Councillor Reeves

2. That the City Manager is requested to direct the Community Development Department to analyze the current development patterns in the neighborhood area generally bounded by Upland Road, Concord Avenue and Richdale Avenue in Neighborhood Nine to determine whether the current zoning regulations are adequate to ensure a stable future for the neighborhood and, if not, whether all or portions of the area might be rezoned to a more restrictive zoning designation.   Councillor Maher

3. Dedication of location in the vicinity of Sargent Street in honor of the Earle Family.   Councillor Maher

4. That the City Manager is requested to confer with the appropriate departments to explore the possibility of banning the use of cell phones and text messaging while driving in Cambridge.   Councillor Decker
Referred to Civic Unity Committee (common sense would suggest it should go to the Ordinance Committee)

5. Urge Governor Deval Patrick to issue an executive order requiring all new homes and businesses to be zero net energy buildings by 2030.   Councillor Davis

6. Urge Representative Edward J. Markey, the Massachusetts representative on the House Energy and Commerce Committee, to include a dedicated source of funding for the Energy Efficiency and Conservation Block Grant program in the climate change bill to benefit Massachusetts cities and towns.   Councillor Davis

7. That the City Manager is requested to transmit to the City Council the method by which the city can adopt the state's "stretch" energy code.   Councillor Davis

8. That the City Manager is requested to recommend to the City Council a formally recognized Coordinating Council on Aging in Place that has express representation of city departments and the Department of Public Health and open representation from community groups, residents and non-profits.   Councillor Davis

9. Urge the Cambridge Legislative Delegation and Governor Patrick to support and vote in favor of updating the Massachusetts Container Beverage Law.   Councillor Davis

10. That the City Manager is requested to report back to the City Council on turning off city street lights in the morning with the longer daylight hours.   Councillor Davis

11. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation to discuss the possibility of placing signage in crosswalks at intersections on Cambridge Street in East Cambridge and to report back to the City Council.   Councillor Toomey

12. That the City Manager is requested to confer with the Commissioner of Public Works and report back on the extent of Dalkia Steam Systems' supply system, who they service in the area and the current operational state of the supply lines in the area.   Councillor Toomey

13. That the City Council go on record asking Winn Management and Homeowners Rehab, Inc. to respond immediately to the City Council on their decision to provide Malik Academy, at the very least, a short-term resolution allowing for the continued operation of the pre-school and the child-care facilities for the next school year.   Councillor Decker and Councillor Reeves


14. Dedication in the vicinity of Howard Street and Western Avenue for Oscar "Ossie" Moore.   Councillor Reeves and Mayor Simmons


COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a public meeting held on May 7, 2009 for the purpose of considering proposed amendments to the Zoning Ordinance filed by the City Council to facilitate parking for shared vehicles in Cambridge.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. Transmitting from Robert W. Healy, City Manager, a copy of the Cambridge Police Department 2008 Annual Crime Report.

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

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

Wed, June 10
5:00pm   The Public Facilities, Art and Celebrations Committee will conduct a public meeting to discuss defining what is public art, how public art projects, artists and art work is chosen and how to get more community input involved in the process.  (Anastos Room)

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

Thurs, June 18
2:00pm   The Human Services Committee will conduct a public meeting to continue to discuss how Cambridge can adapt the Harlem Children's Zone Baby College Program and/or principles to provide parent education for low income families that will provide the tools they need to help their children succeed.  (Sullivan Chamber)

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

Tues, June 23
3:00pm   The Housing Committee will conduct a public meeting to continue to discuss information and support for homeowners and tenants who may be facing displacement due to economic distress.  (Sullivan Chamber)
5:30pm   The Claims Committee will conduct a public hearing to consider claims filed against the city.  (Ackermann Room)

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

Tues, July 21
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Sept 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Sept 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Sept 21
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Tues, Oct 6
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Oct 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Oct 20
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Nov 3
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Nov 17
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Dec 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Dec 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Dec 21
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Dec 28
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     June 1, 2009
COUNCILLOR REEVES
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Public Health Department regarding the extent to which Cambridge youth and adults are experiencing the presence of lice as well as preventative measures for lice infestation and how to combat such infestation if it occurs; and be it further
ORDERED: That the City Manager report back to the City Council on this matter.

O-2     June 1, 2009
COUNCILLOR MAHER
WHEREAS: The neighborhood area generally bounded by Upland Road, Concord Avenue and Richdale Avenue in Neighborhood Nine, currently zoned Residence C-1, is similar in development character to nearby neighborhood streets in Neighborhood Nine and North Cambridge; and
WHEREAS: Those other neighborhood areas are typically zoned to the lower density Residence B designation; and
WHEREAS: The long established development pattern of one, two and three family houses on individual lots creates a neighborhood environment that has long been appreciated by residents; and
WHEREAS: Portions of this Residence C-1 area are undergoing development pressure with infill residential development on a number of lots; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to analyze the current development patterns in this Residence C-1 area to determine whether the current zoning regulations are adequate to ensure a stable future for the neighborhood and, if not, whether all or portions of the area might be rezoned to a more restrictive zoning designation; and be it further
ORDERED: That the report and analysis be transmitted to the City Council by June 22, 2009.

O-3     June 1, 2009
COUNCILLOR MAHER
RESOLVED: That the City Council go on record dedicating a location in the vicinity of Sargent Street in honor of the Earle Family; and be it further
RESOLVED: That the Executive Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-4     June 1, 2009
COUNCILLOR DECKER
WHEREAS: Using a cellular phone, especially text messaging, while operating a motor vehicle is said to be a cause of automobile accidents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to explore the possibility of banning the use of cell phones and text messaging while driving in Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with the legal implications of such a ban, as well as with information from public safety officials if such a ban will in fact create safer driving conditions.

O-5     June 1, 2009
COUNCILLOR DAVIS
WHEREAS: Our state is far too dependent on fossil fuels for our energy and a large part of the reason is inefficient, energy-wasting buildings; now therefore be it
RESOLVED: That the City Council go on record urging Governor Deval Patrick to issue an executive order requiring all new homes and businesses to be zero net energy buildings by 2030; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution to Governor Deval Patrick as soon as possible on behalf of the entire City Council.

O-6     June 1, 2009
COUNCILLOR DAVIS
WHEREAS: The U.S. House Energy and Commerce Committee is taking up a comprehensive energy and climate change bill that would establish a "cap and trade" system for reducing greenhouse gas emissions and this legislation has the potential to raise significant revenue; and
WHEREAS: Unlike last year's Senate climate change bill that dedicated a portion of the revenue generated toward the Energy Efficiency and Conservation Block Grant (EECGB), this year's House bill does not; and
WHEREAS: It is very important that the House cap and trade bill includes a dedicated source of funding for the EECBG to help cities such as Cambridge and other Massachusetts communities strengthen and expand their efforts to conserve energy and water resources, reduce greenhouse gas emissions, and protect the environment by implementing increased energy efficiency and renewable energy development programs in our communities; now therefore be it
RESOLVED: That the City Council go on record as urging Representative Edward J. Markey, the Massachusetts representative on the House Energy and Commerce Committee, to include a dedicated source of funding for the Energy Efficiency and Conservation Block Grant program in the climate change bill to benefit Massachusetts cities and towns; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution on behalf of the City Council to Representative Edward J. Markey as soon as possible on behalf of the entire City Council.

O-7     June 1, 2009
COUNCILLOR DAVIS
WHEREAS: A "stretch" energy code will be adopted by the Commonwealth of Massachusetts in January 2010 as an appendix to the Massachusetts Building code; and
WHEREAS: The stretch code can only go into effect each year on either January 1 or July 1 in each community and there must be a six month lead time between a vote to adopt the code and the date it goes into effect; now therefore be it
ORDERED: That the City Manager be and hereby is requested to transmit to the City Council the method by which the city can adopt the state's stretch code; and be it further
ORDERED: That the City Manager be ad hereby is requested to report back to the City Council on this matter as soon as possible.

O-8     June 1, 2009
COUNCILLOR DAVIS
WHEREAS: There are many efforts all over the city by non-profit organizations, neighborhood groups, city departments, the Cambridge Housing Authority, and residents to support aging in place; and
WHEREAS: City departments such as Human Services and Community Development, especially the housing and transportation divisions, the Council on Aging, and Public Health are working on aging in place; and
WHEREAS: The 2009-2010 City Council goals include "A complete plan for Aging in the Community by June 30, 2010 including services and physical aspects, housing options, retail, transportation, green space, for all incomes"; and
WHEREAS: Cambridge could be the Number 1 city in the state for aging in place; now therefore be it
ORDERED: That the City Manager be and hereby is requested to recommend to the City Council a formally recognized Coordinating Council on Aging in Place that has express representation of city departments and the Department of Public Health and open representation from community groups, residents and non-profits.

O-9     June 1, 2009
COUNCILLOR DAVIS
WHEREAS: The Massachusetts Bottle Bill, enacted in 1982, allowed Cambridge residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and
WHEREAS: States with deposit laws have higher participation rates in residential recycling than those of non-deposit states; and
WHEREAS: Litter decrease in states with Bottle Bills averages 70-85%; and
WHEREAS: Through the Massachusetts Bottle Bill, we recycle nearly 80% of containers of deposit containers, but only 20% on non-deposit containers; and
WHEREAS: The Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, juices, and teas; now therefore be it
RESOLVED: That the City Council go on record supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs; and be it further
RESOLVED: That the Cambridge City Council go on record supporting the Massachusetts Beverage Container Deposit Law and encouraging expansion of the list as recommended by the Governor in his proposed budget now under consideration by the House and Senate Joint Committee on Telecommunications, Utilities and Energy; and be it further
RESOLVED: That the City Council go on record urging the Cambridge Legislative Delegation and Governor Patrick to support and vote in favor of updating the Massachusetts Container Beverage Law; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the members of the Cambridge Legislative Delegation as soon as possible on behalf of the entire City Council.

O-10     June 1, 2009
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on turning off city street lights in the morning with the longer daylight hours.

O-11     June 1, 2009
COUNCILLOR TOOMEY
WHEREAS: Residents have expressed concern over pedestrian safety at some intersections on Cambridge Street in East Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation to discuss the possibility of placing signage in crosswalks at intersections on Cambridge Street in East Cambridge and to report back to the City Council.

O-12     June 1, 2009
COUNCILLOR TOOMEY
WHEREAS: Dalkia Steam Systems have recently had construction projects to work on their steam supply lines in East Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works and report back on the extent of Dalkia's supply system, who they service in the area and the current operational state of the supply lines in the area.

O-13     June 1, 2009
COUNCILLOR DECKER
COUNCILLOR REEVES
WHEREAS: Winn Management did not provide Malik Academy with a full year plan to relocate, if necessary, thereby disrupting and dislocating the educational needs of fifty children; now therefore be it
ORDERED: That the City Council go on record asking Winn Management and Homeowners Rehab, Inc. to respond immediately to the City Council on their decision to provide Malik Academy, at the very least, a short-term resolution allowing for the continued operation of the pre-school and the child-care facilities for the next school year.


O-14     June 1, 2009
COUNCILLOR REEVES
MAYOR SIMMONS
RESOLVED: That the City Council dedicate a suitable location in the vicinity of Howard Street and Western Avenue for Oscar "Ossie" Moore; and be it further
ORDERED: That the Executive Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public hearing on, May 7, 2009 beginning at five o'clock and twenty minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering proposed amendments to the Zoning Ordinance filed by the City Council to facilitate parking for shared vehicles in Cambridge (Attachment A).

Present at the hearing were Councillor David Maher and Vice Mayor Sam Seidel, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Henrietta Davis; Councillor Craig Kelley; Councillor Kenneth E. Reeves; Councillor Timothy J. Toomey; Councillor Larry Ward; and City Clerk D. Margaret Drury.

Also present were Beth Rubenstein, Assistant City Manager for Community Development; Lester Barber, Director of Zoning and Land Use Planning, Community Development Department (CDD); Susanne Rasmussen, Director of Environmental and Transportation Planning, CDD; and Nancy Glowa, Deputy City Solicitor.

Vice Mayor Seidel convened the hearing and explained the purpose. He invited staff to present the proposal.

Susanne Rasmussen described the history of the proposal. As part of the City's parking and traffic demand management, CDD encourages vehicle sharing. Zipcar, Inc. was born in Cambridge and has grown in Cambridge to the point where 200 Cambridge-based vehicles are used by 10,000 people.

Ms. Rasmussen said that car sharing supports our environmental goals to reduce pollution and green house gas emissions. Zipcar's research shows that when people join Zipcar, they either get rid of a car they own or they decide not to buy a car. CDD believes car sharing is a factor in the drop in resident parking permits by more than 3,000 permits in the last ten years. Ms. Rasmussen said that growth in vehicle sharing services is currently limited by zoning. She explained that the proposal addresses three kinds of parking: accessory residential, accessory non-residential and principal-use parking.

Councillor Kelley said that the FY10 Budget shows that the number of resident parking permits has increased. Ms. Rasmussen replied that her figures go up to 2008. Councillor Kelley said that he is troubled by the idea of people renting out their driveways to Zipcar and parking on the street.

Councillor Davis said she has a similar concern about residential areas. She is also concerned about signage. What are the limitations on signage? Ms. Rasmussen said signs are limited to non-illuminated signs with the name of company and other necessary information and must be no more than 1.5 square feet in area (12"x6"). Councillor Davis asked whether the sign could be smaller and at a height of no more than 18 inches. Ms. Rasmussen said that a smaller sign would be fine.

Councillor Reeves asked what the presumed purpose of the sign is. Ms. Rasmussen said that when there is more than one car in a lot, the purpose is to enable the driver to know where to put the car. Councillor Kelley said that the sign also keeps other cars from parking there. The shared car concept relies on the car being there when it is supposed to be there.

Councillor Ward stated that the vehicle sharing company could use online service to identify where the car is.

Vice Mayor Seidel then moved to public comment.

Marilee Meyer, 10 Dana Street, said that she basically supports Zipcar and car-sharing. Her issue is how to implement it. In her neighborhood there are a lot of small apartment buildings without assigned parking and there is a lot of on-street parking. Giving up 10 percent of neighborhood parking would be a fiasco.

Dan Curtin, 25 First Street, General Manager of Zipcar, Inc., spoke in support of the proposed amendment. The service works best when people only have to travel 3-5 blocks to access the Zipcar. Parking for shared vehicles is appropriate for residential neighborhoods because vehicle sharing will reduce the number of cars to be parked. The signage is to help people to get right back to the right place to leave the car for the next user.

Terrence Smith, 21 Manassas Avenue, Director of Government Relations, Cambridge Chamber of Commerce, spoke in support of the proposed amendments.

Joan Pickett, 59 Ellery Street, President of Mid Cambridge Neighborhood Association, described some bad experiences of a primarily residential parking lot in which she rented a parking space, changing overnight to become an entirely Zipcar parking lot. She said that she rents a parking space across the street. Three neighborhood residents rented spaces there. The owner told her that he intended to raise the rent from $130 to $225 a month because that is the rent that a commercial enterprise can get and he was going to rent to Zipcar. Luckily, the residential zoning prohibited rental to a commercial business and her rent did not go up. She said that neighborhood-specific issues should be considered. The City Council needs to understand the economics, for example, her own experience. Ms. Pickett added that the question of mixing commercial activity in neighborhoods also needs exploration. She submitted a copy of an article in the May 2009 Mid-Cambridge Association newsletter (Attachment B).

Councillor Reeves asked Ms. Pickett why the owner of the parking space did not raise the rent anyway. Ms. Pickett said that what he could get from Zipcar was not the market rent for a neighbor renting to a neighbor.

Chris Robinson, Ware Street, said Zipcar is very hardnosed in the way they deal with customers. Perhaps it should be limited to commercial spaces that already exist, not neighborhood parking spots.

Steve Kaiser, 91 Hamilton Street, said this is a very good discussion. One of the purposes of the shared vehicle program is to reduce the number of vehicles. This is an economic issue as well. In some senses it could drive the cost of parking up and in some ways down. He also noted the monopoly aspect of Zipcar as well as the special permit provisions of the proposed amendment.

Heather Hoffman, 213 Hurley Street, said that for several months she was a Zipcar user. The signs are important to tell where the car is and where to return it. She has not seen Zipcar cause any increase in trash around their parking spaces nor has she noticed any increase in late-night noise attributable to Zipcar. Ms. Hoffman noted that the proposed amendment in Section 11.23.1 paragraph 8 requires that the shared vehicle display a valid residential parking permit and asked how a commercial vehicle could have such a permit.

Councillor Davis asked why not make shared-vehicle parking on the street, in spots where parking is currently allowed, but when trucks and SUV's park there instead of small cars, visibility is impaired for turning vehicles.

Francis Donovan, 42 Irving Street, said that he lives up the street from a parking lot that overnight became a parking lot for thirty Zipcars. The distinction between residential and commercial parking is important. Zipcar is an aggressive company. The City needs a balanced plan. He urged the committee to take the time to develop a plan that considers all of the interests involved.

Lawrence Adkins, Hayes Street, said that he respects Zipcar, but this is an issue of commercial parking in residential neighborhoods. More conversation about this is needed without the three minute limits of public comment. More information on the impact is necessary.

Councillor Davis suggested on-street parking for shared vehicles in residential neighborhoods.

Ms. Rasmussen said that there are advantages and disadvantages to on-street parking spots for shared vehicles. Street cleaning and snow clearing are complications for the users. It is also more difficult to manage an on-street space. Even with signs, people park there when they need a parking space and then when the driver tries to return the vehicle the space has been taken. The success of vehicle sharing depends on being able to count on the vehicle being where it is supposed to be at a particular time.

Councillor Kelley asked whether other cities have vehicle-sharing services. Ms. Rasmussen answered in the affirmative. There are some on the West Coast. Also the City of Somerville has vehicle sharing. Councillor Kelley requested copies of regulations and protocols from other cities where there are vehicle sharing programs.

It was agreed without objection that the petition would remain in committee.

Councillor Maher and Vice Mayor Seidel thanked all those present for their participation. The hearing adjourned at six o'clock PM.

For the Committee,
Councillor David Maher, Co-Chair
Vice Mayor Sam Seidel, Co-Chair

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

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

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

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

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

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

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

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

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

09-11. Report from the City Manager:
RE: report on the removal of the Homeland Security Surveillance cameras and infrastructure and who is responsible for the removal.
Councillor Decker and Full Membership 02/09/09 (O-7)

09-16. Report from the City Manager:  See Mgr #2
RE: report on opportunities for electric vehicles to recharge in Cambridge.
Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 03/02/09 (O-5)

09-21. Report from the City Manager:
RE: report on survey of surrounding cities and towns on the hours of operation of their libraries and a survey of patrons as to their needs and desires with respect to library hours.
Councillor Davis 03/09/09 (O-14)

09-22. Report from the City Manager:
RE: report on ways to implement the recommendations made in A Look at Women in Cambridge Now.
Mayor Simmons and Full Membership 03/23/09 (O-7)

09-23. Report from the City Manager:
RE: report on the possibility of doubling the number of solar panels to be installed on the high school using stimulus funds.
Councillor Davis, Vice Mayor Seidel and Full Membership 03/23/09 (O-8)

09-26. Report from the City Manager:
RE: report on potential amendments to the zoning ordinance to bring city lighting more in line with dark sky principles and address problems of enforcement of existing regulations.
Councillor Davis and Full Membership 03/23/09 (O-16)

09-27. Report from the City Manager:  See Mgr #14
RE: report on whether there has been an increase in participation in the Free and Reduced Lunch program.
Councillor Toomey and Full Membership 04/06/09 (O-1)

09-30. Report from the City Manager:  See Mgr #19
RE: report on the Concord Avenue radio antennae issue.
Councillor Kelley and Full Membership 04/13/09 (O-2)

09-31. Report from the City Manager:
RE: report on plans to enforce noise from motorcycles and loud cars.
Councillor Kelley and Full Membership 04/13/09 (O-4)

09-32. Report from the City Manager:  See Mgr #8
RE: report on the tree planting schedule and locations that will be filled throughout the City and the status of the wait list for plantings.
Councillor Toomey and Full Membership 04/13/09 (O-6)

09-33. Report from the City Manager:  See Mgr #3
RE: feasibility of posting proposed zoning changes in a manner similar to that done for the BZA hearings.
Vice Mayor Seidel and Full Membership 04/13/09 (O-8)

09-34. Report from the City Manager:
RE: report on creating a Cambridge Parent/Family listserv.
Councillor Decker and Full Membership 04/13/09 (O-14)

09-35. Report from the City Manager:
RE: report on creating a more user-friendly website for the DHSP and a separate webpage for the Center for Families.
Councillor Decker and Full Membership 04/13/09 (O-15)

09-36. Report from the City Manager:
RE: report on the progress of the Healthy Parks and Playground Initiative Task Force.
Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-2)

09-37. Report from the City Manager:  See Mgr #9
RE: report on the ways to increase the number of businesses and institutions that compost.
Vice Mayor Seidel, Councillor Decker, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-5)

09-39. Report from the City Manager:
RE: report on what economic stimulus funds are available to the City.
Councillor Decker, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-9)

09-40. Report from the City Manager:  See Mgr #16
RE: report on the number of Cambridge residents, minorities, women and OSHA 10 hour certified employees employed by Tucker Library Interiors, LLC.
Councillor Decker, Councillor Ward, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-10)

09-41. Report from the City Manager:
RE: report on changing metered parking to residential parking in the area of the courthouse.
Councillor Toomey and Full Membership 05/11/09 (O-1)

09-42. Report from the City Manager:
RE: report on planting trees in parking lot #8 and surveying all city parking lots and library branches with a plan for tree maintenance.
Councillor Davis and Full Membership 05/11/09 (O-2)

09-43. Report from the City Manager:
RE: report on installing changing tables in both the men’s and women’s bathrooms in all city-owned buildings.
Councillor Decker and Full Membership 05/11/09 (O-7)

09-44. Report from the City Manager:  See Mgr #20
RE: report on plans for summer safety.
Mayor Simmons and Full Membership 05/11/09 (O-11)

09-45. Report from the City Manager:  See Mgr #5
RE: report on creating street banners to advertise the Jose Mateo Ballet Theatre 1st Annual Dance for World Community Festival.
Councillor Decker 05/11/09 (O-23)

09-46. Report from the City Manager:
RE: report on increasing the warranty on city street trees.
Councillor Davis 05/11/09 (O-25)

09-47. Report from the City Manager:
RE: report on bicycle parking in high traffic areas in Harvard, Central, Inman Squares and other high traffic areas and squares.
Councillor Davis and Full Membership 05/18/09 (O-3)

09-48. Report from the City Manager:
RE: report on the possibility of implementing an emergency economic hardship tax deferral program.
Councillor Ward and Full Membership 05/18/09 (O-4)

09-49. Report from the City Manager:  See Mgr #7
RE: report on whether additional stop signs are needed at Pacific and Albany Streets.
Vice Mayor Seidel and Full Membership 05/18/09 (O-7)

09-50. Report from the City Manager:  See Mgr #4
RE: report on whether or not the community space at the Windsor Street Clinic will remain open despite the clinic's closing.
Councillor Decker and Full Membership 05/18/09 (O-8)

09-51. Report from the City Manager:  See Mgr #10
RE: report on the status of the Harvard Senior Picnic.
Councillor Decker and Full Membership 05/18/09 (O-9)

09-52. Report from the City Manager:  See Mgr #11
RE: report on the City's policy regarding rape alerts.
Councillor Decker and Full Membership 05/18/09 (O-10)

09-53. Report from the City Manager:  See Mgr #6
RE: report on the status of the Malik Academy lease.
Councillor Decker and Full Membership 05/18/09 (O-11)

09-54. Report from the City Manager:
RE: report on Black MSM issues in Cambridge.
Councillor Reeves and Full Membership 05/18/09 (O-12)