Cambridge City Council meeting - June 6, 2011 - AGENDA
[Councillor Cheung was ABSENT]

CITY MANAGERíS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-33, regarding the feasibility of using City-installed and managed cameras in the Clifton Street area.
Referred to Public Safety and Community Health Committees for a joint meeting

June 6, 2011
To the Honorable, the City Council:

In response to Awaiting Report Item Number 11-33, regarding the feasibility of using City-installed and managed cameras in the Clifton Street area, please be advised of the following:

The Electrical Department will be installing the second pilot LED streetlights along Rindge Avenue from Sherman Street to Route 16 in the near future. The Police Department and Electrical Department have identified cameras that would provide the requested result. Installation should happen at the same time as the LED streetlights installation. However, it is not my intention to purchase these cameras absent a City Council endorsement.

Very truly yours, Robert W. Healy, City Manager

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-51, regarding a report on assisting Curious George & Friends in Harvard Square.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-41, regarding a report on participating in the Seattle Farm Bill Principles initiative.

4. 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 Jan, 2011: Michael Janus

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-22, regarding a report on SCM funding.

6. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation from the Boston Ultimate Disc Alliance to the Recreation Division in the amount of $1,000.00 to the Grant Fund Human Services Other Ordinary Maintenance account and support the annual Cambridge Youth Games for Cambridge youth.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Leaders in Action donation received from the City Youth Sports Training and Education Movement in the amount of $450.00 to the grant Fund of Human Service Programs Other Ordinary Maintenance account and will be used to support a variety of activities for the Leaders in Action program at the Frisoli Youth Center by increasing efforts to develop important leadership skills and community-mindedness among Cambridge youth.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Commonwealth Corps grant in the amount of $22,704.00 received from the Massachusetts Service Alliance to the Grant Fund Human Service Programs Salary and Wages account ($18,385.12) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($4,318.88) and will be used to engage and support eight college students to work on the City's Shared Youth, Shared Strategies Initiative to educate middle school children about the importance of out-of-school time and planning for success in college and beyond.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds to the Cambridge Prevention Coalition in the amount of $5,000.00 to the Grant Fund Human Services Other Ordinary Maintenance account received from the Cambridge Health Alliance and will be used to support the Middle Grade Health Survey.

10. Transmitting communication from Robert W. Healy, City Manager, relative to an additional appropriation of the Low Income Heating Assistance Program grant in the amount of $97,285.00 funded by the Federal Department of Health and Human Services and administered in Massachusetts by the Commonwealth's Department of Housing and Community Development to the Grant Fund Human Service Programs Salary and Wages account ($13,860.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($83,425.00) which will be used to operate the Low Income Heating Assistance Program (LIHEAP) serving Cambridge and Somerville.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the City Run Road Race grant received from proceeds and corporate donations in the amount of $26,989.00 to the Grant Fund Human Services Other Ordinary Maintenance account which will primarily benefit the Friends of Cambridge Athletics and limited race expenses and a portion of the funds will also benefit DHSP's Special Olympics Program and the Andrea Harvey Memorial Fund.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of various private donations to the Council on Aging in the amount of $26,719.05 to the grant Fund of Human Service Programs Other Ordinary Maintenance account and will be used to support a variety of services for Cambridge Seniors, including food and entertainment for senior parties, the purchase of fans for low-income seniors, provision of minor home adaptation equipment, support for the food pantry, and transportation for special senior center events and trips.

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $3,120.00 to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account which will be used to purchase uniforms, trophies, equipment, food and supplies in support of Cambridge Individuals with Special Needs.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $20,200 from Public Works Public Investment Extraordinary Expenditures account to the Department of Human Service Programs Public Investment Extraordinary Expenditures account to cover the cost of replacing four basketball backboard units and repainting the court surface at Riverside Press Park Basketball Courts.

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-32, regarding a report on adding flood lights in the Danehy dog park.

16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-55, regarding a report on filling potholes on Putnam Avenue between Western and Massachusetts Avenues.

17. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-47, regarding opportunities for putting white roofs on municipal buildings.

18. Transmitting communication from Robert W. Healy, City Manager, relative to an order authorizing the City Manager to transfer appropriations of available balances prior to the close of the books for FY10-11.

June 6, 2011
To the Honorable, the City Council:

As the end of the fiscal year approaches, some necessary transfers will be needed to maintain appropriation control as part of the fiscal end-of-year closeout process. The majority of these transfers involve funding departmental salary and wage accounts from the salary adjustment budget account. The funding for the salary adjustment budget account was approved in the FY11 Adopted Budget. The City Council annually has authorized the City Manager to make necessary transfers from available budget balances for the orderly closure of the fiscal year.

I am requesting passage of this order to permit the same activity to occur this year.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 18A     June 6, 2011
ORDERED: That pursuant to the provisions of General Laws, Chapter 44, Section 33B, and prior to the close of the books for FY2011, the City Manager is hereby authorized to transfer appropriations from allotments with available balances to those needing supplementation.

19. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $15,000 to cover the cost of the CitySprouts Summer Internship for Youth program in partnership with Department of Human Services from a $10,000 donation received to support summer employment to the Grant Fund Human Service Programs Other Ordinary Maintenance account and from a $5,000 transfer from the General Fund Reserve Other Ordinary Maintenance account to the General Fund Human Service Programs Other Ordinary Maintenance account.

20. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 12, 1997 for the first phase of the Fiber Optic Infrastructure Project.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 12, 1997 for the first phase of the Fiber Optic Infrastructure Project. This project has been successfully completed and the balance of $5,000 on the loan order is no longer required.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 20A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $5,000
Original Authorization: $1,355,000
Purpose: Fiber Optic Network Infrastructure
Order Adopted: May 12, 1997

21. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 11, 1998 for the second phase of the Fiber Optic Infrastructure Project.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 11, 1998 for the second phase of the Fiber Optic Infrastructure Project. This project has been successfully completed and the balance of $315,000 on the loan order is no longer required.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 21A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $315,000
Original Authorization: $315,000
Purpose: Fiber Optic Network Infrastructure
Order Adopted: May 11, 1998

22. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on Feb 23, 2004 for the construction of the new Main Library.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on Feb 23, 2004 for the construction of the new Main Library. This project has been successfully completed and the balance of $495 on the loan order is no longer required.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 22A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $495
Original Authorization: $31,500,000
Purpose: Construction of Main Library
Order Adopted: Feb 23, 2004

23. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 20, 2002 for the Public Works Department Sewer Division Infiltration/Inflow Project.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 20, 2002 for the Public Works Department Sewer Division Infiltration/Inflow Project. This project has been successfully completed and the balance of $1,555 on the loan order is no longer required.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 23A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $1,555
Original Authorization: $157,405
Purpose: Infiltration/Inflow Program
Order Adopted: May 20, 2002

24. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on Feb 22, 1999 for the Public Works Department Sewer Division Floatables/Best Management Practices (BMP) Project.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on Feb 22, 1999 for the Public Works Department Sewer Division Floatables/Best Management Practices (BMP) Project. This project has been successfully completed and the balance of $205,000 on the loan order is no longer required.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 24A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $205,000
Original Authorization: $305,000
Purpose: Floatables/BMP Program
Order Adopted: Feb 22, 1999

25. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on June 4, 2007 for renovations to the War Memorial.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on June 4, 2007 for renovations to the War Memorial. The War Memorial renovation project has been successfully completed and the balance of $277,358 represents less than 1% of the total project cost including the State grant and other loan authorizations.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 25A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $277,358
Original Authorization: $5,700,000
Purpose: War Memorial Renovations
Order Adopted: June 4, 2007

26. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 18, 2009 for the remediation of soil contamination at Yerxa Road.

June 6, 2011
To the Honorable, the City Council:

Please find attached an order requesting the rescission of the remaining amount of the loan order authorized by the City Council on May 18, 2009 for the remediation of soil contamination at Yerxa Road. The original estimate for the remediation of soil contamination and other environmental issues at Yerxa Road was $1,000,000. However, the bids received were considerably lower, thus creating a surplus of $700,000 in the loan authorization.

It is considered to be a sound financial practice to rescind any balances on loan authorizations for projects that have been completed because these balances are included in certain debt ratio calculations that are used to determine the financial strength of the City.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 26A     June 6, 2011
ORDERED: That the following excess borrowing authorization is hereby rescinded:
Amount Rescinded: $700,000
Original Authorization: $1,000,000
Purpose: Yerxa Road Underpass Construction
Order Adopted: May 18, 2009

CHARTER RIGHT
1. That the Cambridge City Council go on record in support of Jobs with Justice, the Cambridge El-Salvador Sister City Committee and the Salvadoran community in their efforts to persuade TIFF to separate from Pacific Rim and shares their opposition to local shareholders investing their money in a corporation whose practice has led to violations of environmental and human rights. [Charter Right exercised by Councillor Decker on Order Number Five of May 23, 2011.]
Placed on File under Rule 19. No action taken.

ON THE TABLE
2. That the City Manager is requested to restore funding for School Department clerical positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress. [Order Number Fourteen of Apr 26, 2010 Placed on Table. Councillor Kelley made motions to take from table on May 10, 2010 failed 2-7-0, Sept 13, 2010 failed 4-4-1, Sept 27, 2010 failed 3-5-1, Dec 13, 2010 failed 3-6-0. Remains on Table.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-32, regarding a report on issues with the development of the former St. John's property site. [Charter Right exercised on City Manager Agenda Item Number Eighteen of May 24, 2010. Placed on Table June 7, 2010.]

4. An application was received from Tony LaVita, requesting permission for a curb cut at the premises numbered 68 Middlesex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Ten of June 7, 2010 Placed on Table.]

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-189, regarding a report on the legitimacy of the tax exempt claim of Education First. [Charter Right exercised on City Manager Agenda Item Number Nineteen of Jan 24, 2011. Placed on Table Jan 31, 2011.]

6. That the City Manager is requested to have the Community Development Department convene a meeting with neighbors in the vicinity of Grove Street and Blanchard Road, the Fresh Pond Master Plan Committee and other relevant parties to review the zoning along the golf course and the Fresh Pond Reservation in that area. [Charter Right exercised on Order Number Five of Jan 24, 2011. Placed on Table Jan 31, 2011.]

7. That the City Manager is requested to report back to the City Council with a complete and comprehensive list of all concessions made to the City and broader Cambridge community by developers and the universities in exchange for zoning relief, special permits, or Council approval. [Charter Right exercised by Councillor Reeves on Order Number Eleven of Apr 25, 2011. Tabled on Motion of Councillor Cheung on May 2, 2011.]

UNFINISHED BUSINESS
8. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on Apr 6, 2011 and a follow-up public meeting on May 17, 2011 to consider a petition to amend the Cambridge Zoning Ordinance filed by Novartis Institute for BioMedical Research, joined by M.I.T. as land owner, to allow for the creation of a new Special District 15 along a portion of Massachusetts Avenue between Albany Street and Windsor Street opposite the location of the Novartis main campus at the former Necco Building. The question comes on passing to be ordained on or after June 6, 2011. Planning Board hearing held Mar 29, 2011. Petition expires July 5, 2011.

APPLICATIONS AND PETITIONS
1. An application was received from Mike Pescavage, 150 Second Street LLC, requesting permission for two new curb cuts and discontinuance of eight curb cuts at the premises numbered 150 Second Street (known as 65 Bent Street in PUD Permit); said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Approval has been received from the neighborhood association.

COMMUNICATIONS
1. A communication was received from United States Senator Scott P. Brown, regarding funding for the Community Service Block Grant program.


2. A communication was received from Gerald Bergman, 82 Elm Street, regarding funding for the Community Service Block Grant program.

3. A communication was received from , regarding funding for the Community Service Block Grant program.

4. A communication was received from Lydia Vickers, 95 Cherry Street, transmitting an Area 4 Neighborhood Coalition memo dated September 23, 2009 regarding the sale of property at 131 Harvard Street owned by Neighbors for a Better Community (NBC).

5. A communication was received from James Williamson, 1000 Jackson Place, transmitting information relating to the MIT/Novartis zoning petition.

6. A communication was received from Rebecca Ramsay, 5 Exeter Park, regarding a campaign to remove the Black Swallow-wort weed.


RESOLUTIONS
1. Resolution on the death of Rose (Figueiredo) King.   Mayor Maher

2. Resolution on the death of Sophia (Baltrukiewicz) St. Thomas.   Councillor Toomey

3. Resolution on the death of Elena (DeMille) Capobianco.   Councillor Toomey

4. Thanks to Dr. Robert Corrigan for his presentation to Cambridge residents regarding rodents in urban environments and to the Department of Public Works for setting up this presentation.   Councillor Toomey

5. Congratulations to the American Repertory Theater on receiving awards at the 29th Annual Elliot Norton Awards for 2011 and for their award winning 2010-2011 season.   Councillor Reeves

6. Congratulations to Edward Chase on receiving an honorary degree from the Episcopal Divinity School at Harvard University.   Councillor Reeves

7. Congratulations to Diane Paulus on being named the Outstanding Director (Large Theater) at the 29th Annual Elliot Norton Awards.   Councillor Reeves

8. Congratulations to the American Repertory Theater for their production of "Blue Flower" which earned the Outstanding Local Musical Production and Outstanding Design (Large Theater) award at the 29th Annual Elliot Norton Awards.   Councillor Reeves

9. Congratulations to Uzo Aduba of "Prometheus Bound" for being awarded the Outstanding Musical Performance award at the 29th Annual Elliot Norton Awards.   Councillor Reeves

10. Thanks to Amy Merrill and Si Kahn for bringing the play "Silver Spoon" to the City of Cambridge.   Councillor Reeves

11. Resolution on the death of Joseph N. Shimkas.   Mayor Maher

12. Resolution on the death of Private First Class Ramon Mora Jr.   Councillor Decker

13. Resolution on the death of Sergeant Clifford E. Beattie.   Councillor Decker

14. Retirement of Robert J. Haynes from the AFL-CIO.   Councillor Toomey, Councillor Decker

15. Thanks to the volunteers and businesses who took part in the East Cambridge Clean Up Day.   Councillor Toomey

16. Welcome Bosse City Club & Spa to Kendall Square.   Councillor Toomey

17. Congratulations to Dr. Julian Harris of the Cambridge Health Alliance on being named Director of the Office of Medicaid by Governor Deval Patrick.   Councillor Toomey

18. Congratulations to the Museum of Science on their Let's Talk About Food Festival on June 25, 2011.   Vice Mayor Davis

19. Encourage residents to participate in Race Amity Day on June 12, 2011.   Vice Mayor Davis

20. Congratulations to Dr. Omid Farokhzad on being named a finalist for the Ernst & Young Entrepreneur of the Year New England Award.   Mayor Maher

21. Congratulations to Brian Halligan on being named a finalist for the Ernst & Young Entrepreneur of the Year New England Award.   Mayor Maher

22. Congratulations to Craig Wheeler on being named a finalist for the Ernst & Young Entrepreneur of the Year New England Award.   Mayor Maher

23. Congratulations to Jackie Douglas, Director of LivableStreets, on being honored as Advocate of the Year by the Alliance for Biking & Walking.   Vice Mayor Davis

24. Resolution on the death of Karen Aqua.   Vice Mayor Davis

Henrietta Davis and Karen Aqua
Henrietta Davis and Karen Aqua on the Oct 4, 2009 bike ride: "Pedaling the Peoples' Republic"

25. Congratulations to William Rawn Associates, Architects Inc. and Ann Beha Architects on receiving the Haleston Parker Medal Awards from the Boston Society of Architects for the Cambridge Public Library.   Councillor Decker

26. Congratulations to the Cambridge Public Library on receiving a Public Relations Award from the Massachusetts Library Association.   Councillor Decker

27. Thanks to Shakeem Nicholson and Emma Steffens for their efforts at the Cambridge Rindge and Latin School on LGBT issues.   Mayor Maher

28. Acknowledge the good works and valuable life of the Reverend Peter John Gomes and posthumously congratulate him for being honored at the LGBT Pride Brunch on June 11, 2011.   Mayor Maher

29. Acknowledge the good work and commitment of Youth on Fire.   Mayor Maher


30. Resolution on the death of Elaine Ruffino.   Councillor Toomey

31. Resolution on the death of Antonio Caetano Martins.   Councillor Toomey

32. Resolution on the death of Frances C. (Carbo) O'Keefe.   Councillor Toomey

33. Resolution on the death of Barbara L. Medeiros.   Councillor Toomey

34. Resolution on the death of Carrie (Davenport) Pasquarello.   Councillor Toomey, Mayor Maher

35. Resolution on the death of Dorothea Rose (Abreu) Clinton.   Councillor Toomey, Mayor Maher

36. Resolution on the death of Steven Brennan.   Mayor Maher

37. Acknowlege World Falun Dafa Day.   Councillor Toomey

38. Thanks to the Microsoft employees from the New England Research and Development Center who will be participating in the day of caring on June 16, 2011.   Mayor Maher


ORDERS
1. (Original Order) That the City Manager is requested to confer with the Assistant City Manager of Community Development and the City Solicitor to provide the City Council with background information on the current ownership of the land that was transferred to Neighbors for a Better Community for the benefit of the Area Four community and whether it has been or is being sold and how the benefits will accrue to the community.   Councillor Simmons  Amended

Amended Order #1. That the City Manager is requested to provide the City Council with background information and a chronology on the ownership of the land at 131 Harvard Street, including the establishment and purposes of the Neighbors for a Better Community 501(C)3, the $450,000 offer from CASCAP and the recent sale for $100,000.

2. That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation and identify a particular project or item that the donations raised for environmental initiatives during the 2011 resident parking sticker renewals could be used for, and to publicly display that the project was made possible by donations from residents during 2011 Resident sticker renewals.   Councillor Toomey

3. That the City Manager is requested to confer with the MassDOT and be sure that future public meetings regarding the Grand Junction be held in East Cambridge.   Councillor Toomey

4. That the City Manager is requested to direct the appropriate City agencies to work with Area IV residents, businesses and community groups to address recent violence and to work towards implementing a plan involving more than the Cambridge Police Department to minimize violence in Area IV.   Councillor Kelley

5. That the City Manager is requested to contact relevant City officials and the officials of Belmont, Arlington and appropriate State agencies and non-profit agencies such as the Trustees of Reservations to determine if the Silver Maple Forest could be purchased for preservation.   Councillor Kelley

6. That the City Manager is requested to report back to the City Council on the options available to Cambridge residents and businesses for appropriately disposing of medical waste such as syringes.   Councillor Kelley

7. That the City Manager is requested to ask the relevant City departments-Public Works, Parks, Recreation, as well as the Public Planting Committee to fully support the Cambridge Water Department's Stewardship Program's campaign for the eradication of the Black Swallow-wort.   Vice Mayor Davis

8. That the City Manager is requested to confer with the Inspectional Services Department and the Community Development Department to produce information for residents and neighborhood groups regarding the best way to seek technical support for zoning and development issues.   Councillor Decker

9. That the City Council pass the re-filed Fox petition to a second reading.   Councillor Seidel


10. That the City Council approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of June 6, 2011 Claims Committee in the total sum of $2,133.57.   Councillor Toomey

11. That the City Manager is requested to confer with the appropriate staff to review the special permit issued to North Point, in particular the requirement that North Point build the T station or any other special requirements that have been altered to property changes or deals and report back to the City Council.   Councillor Kelley


COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Leland Cheung, Chair of the Economic Development, Training and Employment Committee for a public meeting held on May 9, 2011 to follow-up on the current and prospective employers in the City and to discuss the employers that the Chamber of Commerce has contacted.

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on May 26, 2011 to consider claims filed against the City.

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee for a public meeting held on Apr 21, 2011 to discuss the footbridge at Magazine Beach.

4. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee for a public meeting held on Apr 28, 2011 to discuss traffic concerns about the East Cambridge roadways and the Lechmere Station.

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on Apr 6, 2011 for the purpose of considering the re-filed Fox petition to rezone an area primarily along Cottage Park Avenue from Business A-2 to Residence B.
Passed to 2nd Reading

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on May 5, 2011 for the purpose of considering proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2, including the history of the use of the section for special permit applications for conversion of commercial and institutional uses to residential building, and the recent public conversations on this section of the Zoning Ordinance.
Passed to 2nd Reading

7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting on May 25, 2011 for the purpose of continuing to considering proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2.

HEARING SCHEDULE
Mon, June 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, June 7
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, June 8
5:30pm   The Government Operations and Rules Committee will conduct a public meeting to discuss clarification/correction to the City Manager's contract.  (Sullivan Chamber)

Mon, June 13
5:30pm   The City Council will hold a roundtable meeting for the purpose of discussing with the Planning Board the vision of Cambridge underlying the City's zoning and land use planning. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Wed, June 15
4:00pm   The Ordinance Committee will conduct a public meeting to continue discussion on a zoning petition by the City Council to amend the Zoning Ordinance in Section 5.28.2-Conversion of Nonresidential Structures to Residential Use and Section 4.29 clarifying the allowances of additional uses as permissible under Section 5.28.2.  (Sullivan Chamber)

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

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

Tues, June 28
3:00pm   The Economic Development, Training and Employment Committee will conduct a public meeting to discuss creating the City's economic development goals.  (Sullivan Chamber)

Wed, June 29
5:30pm   The Environment Committee will conduct a public meeting to discuss building green schools.  (Sullivan Chamber)

Thurs, June 30
6:00pm   The Civic Unity Committee will conduct a public meeting with the Civic Unity Advisory Committee to receive and discuss information from the Police Commissioner regarding CPD training relative to recommendations from the Cambridge Review Committee.  (Ackermann Room)

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

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

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

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

Mon, Oct 3
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 17
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 24
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 31
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     June 6, 2011  Amended (see below)
COUNCILLOR SIMMONS
WHEREAS: Questions continue to be raised by members of the Area Four community regarding what benefits the community has received from land transferred to Neighbors for a Better Community for the benefit of the Area Four community; and
WHEREAS: It has come to the attention of the City Council that this land has been or is being sold; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager of Community Development and the City Solicitor to provide the City Council with background information on the current ownership of the land, whether it has been or is being sold and how the benefits will accrue to the community.

Amended Order #1     June 6, 2011
COUNCILLOR SIMMONS
WHEREAS: Questions continue to be raised by members of the Area Four community regarding what benefits the community has received from monies and land at 131 Harvard Street, the corner of Clark and Harvard Streets, transferred to Neighbors for a Better Community (NBC) for the benefit of the Area Four community; and
WHEREAS: It has come to the attention of the City Council that this land has been sold by NBC for $100,000 after its rejection of an offer of $450,000, which would have resulted in the building of eight affordable homeownership units at 131 Harvard Street and the distribution of the proceeds to community groups for youth and family services; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with background information and a chronology on the ownership of the land, including the establishment and purposes of the Neighbors for a Better Community 501(C)3, the $450,000 offer from CASCAP and the recent sale for $100,000; and be it further
ORDERED: That the City Manager be and hereby is requested to contact the Attorney General's Office with a view toward freezing all monies from the sale of the property at 131 Harvard Street and insuring that all proceeds from the sale of the property will ultimately go to the benefit of the community; and be it further
ORDERED: That the City Manager be and hereby is requested to contact the Attorney General's Office with the request that the Attorney General's Office investigate whether NBC has violated the obligations conferred by its 501(C)3 status and the purposes set forth in its charter to use its resources for the benefit of the community and further how NBC can be required to fulfill these obligations; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter; and be it further
ORDERED: That the Mayor send a letter to Attorney General Martha Coakley on behalf of the City Council conveying its deep concern for the ability of a nonprofit agency to abuse the community trust and urging the Attorney General to take all possible steps to require the return to the community the benefits to which it is entitled.

O-2     June 6, 2011
COUNCILLOR TOOMEY
WHEREAS: In 2011, during resident parking sticker renewals, the Traffic, Parking and Transportation Department accepted additional donations to raise money for environmental initiatives within the City; and
WHEREAS: It has come to the attention of the City Council that a significant amount of funds were raised; and
WHEREAS: The funds raised could be put toward a single project or item so that those who donated can be recognized for their generosity and commitment to the environment; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the total amount of money raised through this initiative; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation and identify a particular project or item that the funds could be used for, and to publicly display that the project was made possible by donations from residents during 2011 Resident sticker renewals.

O-3     June 6, 2011
COUNCILLOR TOOMEY
WHEREAS: The Massachusetts Department of Transportation (MassDOT) is preparing for a second phase of public outreach regarding the use of the Grand Junction Railroad; and
WHEREAS: Many East Cambridge residents will be greatly impacted by commuter rail use along this line; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the MassDOT and be sure that future public meetings regarding the Grand Junction be held in East Cambridge.

O-4     June 6, 2011
COUNCILLOR KELLEY
WHEREAS: There have been a number of recent episodes of reported shootings in Area IV; and
ORDERED: Public safety involves strong partnerships between neighborhood groups, residents, public safety officials and a host of other parties; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate City agencies to work with Area IV residents, businesses and community groups to address recent violence and to work towards implementing a plan involving more than the Cambridge Police Department to minimize violence in Area IV.

O-5     June 6, 2011
COUNCILLOR KELLEY
WHEREAS: The Silver Maple Forest lies partly in Cambridge and is threatened by development; and
WHEREAS: The Silver Maple Forest is a valuable natural resource in the greater-Boston area and is very accessible to Cambridge residents; and
WHEREAS: Development of the Silver Maple Forest would remove this resource from the area while increase traffic congestion and other related regional and area problems; and
WHEREAS: There is the possibility that the property owner would sell the Silver Maple Forest to a government or non-profit entity and thus allow this property to be preserved forever; and
WHEREAS: Were the Silver Maple Forest to be purchased, Cambridge's contribution to the purchase price would likely be in the millions of dollars; now be it therefore
ORDERED: That the City Manager be and hereby is requested to contact relevant City officials and the officials of Belmont, Arlington and appropriate State agencies and non-profit agencies such as the Trustees of Reservations to determine if the Silver Maple Forest could be purchased for preservation; and be it further
ORDERED: That the City Manager be and hereby is requested to determine how the City might fund its share of the purchase price were other entities also interested in purchasing the Silver Maple Forest; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on these issues.

O-6     June 6, 2011
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the options available to Cambridge residents and businesses for appropriately disposing of medical waste such as syringes.

O-7     June 6, 2011
VICE MAYOR DAVIS
WHEREAS: Black Swallow-wort, an invasive weed, is spreading in many parts of Cambridge; and
WHEREAS: Black Swallow-wort threatens native plants, shrubs and trees; and
WHEREAS: The Cambridge Water Department Stewardship Program has started an eradication campaign with a kick-off on Sat, July 10; and
WHEREAS: Participants will meet for training at Fresh Pond Reservation where Black Swallow-wort is especially abundant, and learn how to dig up the plant's extensive root system, and how to pick and dispose of the pods containing seeds that also enable the weed to spread; and
WHEREAS: During the summer and into the fall, the eradication program will expand throughout Cambridge, with small-scale efforts organized by individual blocks; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask the relevant City departments - Public Works, Parks, Recreation, as well as the Public Planting Committee - to fully support this effort.

O-8     June 6, 2011
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that many resident groups and individuals turn to City Councilors for strategic advice, especially regarding zoning special permits and zoning variances; and
WHEREAS: It is important that residents can rely on a more predictable path to seek information regarding the impact of developments on their neighborhood prior to approval of developments, in particular those that seek zoning relief; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Inspectional Services Department and the Community Development Department to produce information for residents and neighborhood groups regarding the best way to seek technical support for zoning and development issues; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-9     June 6, 2011
COUNCILLOR SEIDEL
ORDERED: That the City Council hereby discharged the re-filed Fox petition for a zoning amendment from the Ordinance Committee; and be it further
ORDERED: That the City Council pass the re-filed Fox petition to a second reading.


O-10     June 6, 2011
COUNCILLOR TOOMEY
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of June 6, 2011 Claims Committee in the total sum of $2,133.57.

O-11     June 6, 2011
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate staff to review the special permit issued to North Point, in particular the requirement that North Point build the T station or any other special requirements that have been altered to property changes or deals and report back to the City Council.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Economic Development, Training and Employment Committee conducted a public meeting on Mon, May 9, 2011 at 9:02am in the Sophie Anastos Room.

The purpose of the meeting was to conduct a follow-up meeting on the current and prospective employers in the City and to discuss the employers that the Chamber of Commerce has contacted.

Present at the meeting were Councillor Leland Cheung, Chair of the Committee; Estella Johnson, Director, Economic Development Division of Community Development Department (CDD); Pardis Saffari, Associate Planner, Economic Development Division, CDD; and Donna P. Lopez, Deputy City Clerk.

Councillor Cheung opened the meeting and stated the purpose. He stated that 18-20 companies had been visited by the Chamber of Commerce (ATTACHMENT A). Ms. Johnson informed the committee that the Community Development Department accompanies the Cambridge Chamber of Commerce to the business visits.

Councillor Cheung asked if Vertex was visited. Ms. Johnson responded that she did not know if Vertex was visited. Usually the Chamber contacts her and arrangements are made for the business visit. Former Mayor Simmons and current Mayor Maher have made visits to businesses.

Ms. Johnson stated that Prometrika was visited. This company needs to move quickly. The company did not want to leave Kendall Square; but the company had to move.

Councillor Cheung stated that all of the businesses that the Chamber has not reached out to he would like the City to reach out to these businesses. He asked Ms. Johnson if the City has the contact information and addresses for these companies. Ms. Johnson replied in the affirmative. She went on further to explain that CDD sends letters to companies and then follows up with a phone call. The CEO, Senior Administrator or a Community Outreach person is the contact person.

Councillor Cheung stated that his goal is to let the business know that Cambridge likes the fact that their business is located here and if there is any issue that the City can help them with the City would be happy to help. Ms. Johnson explained that the success is with a coordinated effort with the City Manager. A meeting was held three years ago with Wyeth, now Pfizer, to do some fence mending. The company was happy that the City met with them.

Councillor Cheung stated that the next step is to get contact information and addresses for all companies and mail a letter to them to let them know Cambridge is happy that they are here. If there is anything that you want to meet about please contact me. The City wants to hear how everything is going. Then leave it up to the business to see if they wish to meet.

Ms.Saffari provided an updated list of companies, moving, expanding or renewing their leases (ATTACHMENT B). She suggested that contact be made with representatives from this list. Councillor Cheung suggested that the contact focus be on companies whose lease is expiring. Ms. Johnson suggested that a member of the Chamber of Commerce be included in the visits to the companies.

Councillor Cheung stated that the address and contact information for the top 25 employers in the City is needed. (Note this was provided after the meeting and made part of this report ATTACHMENT C).

Ms. Johnson commented that Goody Clancy and the Kendall Square Association executive board will meet to hear what plans are outlined for Kendall Square. She suggested meeting with the Kendall Square Associates executive board.

Ms. Saffari announced that Google is looking to expand. However, Ms. Johnson stated that Google wants to be in one building. Google wanted North Point for their campus. She stated that she will check on the space status for Google. Technology changes so fast that the needs change. Google has arranged to stay in Cambridge with more space. Ms. Johnson added that the Alexandria property will be coming on line. Ms. Saffari commented that the space vacated by Vertex will free up space for other companies.

Councillor Cheung requested that Google and Life Alive be added to the businesses that the letter is being sent offering to meet with the business.

Councillor Cheung thanked all attendees.

The meeting adjourned at 9:25am.

For the Committee,
Councillor Leland Cheung, Chair


Committee Report #2
The Claims Committee held a public meeting on May 26, 2011 at 5:00pm in the Sophie Room.

The purpose of the meeting was to consider claims filed against the City.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor Leland Cheung; and Deputy City Clerk Donna P. Lopez.

Councillor Toomey opened the meeting and explained the purpose. Thereupon the committee moved to the consideration of the following claims:

Kristen Dietrich, 4 Winslow Street, Cambridge, MA 02138
Claims that tree limb fell and struck her parked vehicle on Winslow Street, Cambridge, MA.
Approved

Gail Morgan, 66 Clay Street, Cambridge, MA 02140
Claims that a tree branch fell on her house damaging her roof on Clay Street, Cambridge, MA.
Remains in Committee

James McGaffigan, 160 Pemberton Street, Cambridge, MA 02140
Claims that he struck a pothole on Concord Avenue, Cambridge, MA.
Approved

Leslie Leonowens, 27 Granville Road, Cambridge, MA 02138
Claims that a snow plow struck her parked vehicle on Granville Road, Cambridge, MA.
Remains in Committee

Edward J. O'Neill, 150 Southfield Avenue, # 2325, Stamford, CT 06902
Claims that a fire truck struck his parked vehicle on Massachusetts Avenue, Cambridge, MA.
Approved

Claire Haddad, 36 Bigelow Street, #5, Cambridge, MA 02139
Claims that a fire truck struck her parked vehicle on Bigelow Street, Cambridge, MA.
Approved

Leonard DiPietro, 125 Sixth Street, Cambridge, MA 02141
Claims that he struck a pothole on Sixth Street in Cambridge, MA.
Approved

Daniel Chasman, 12 Hawthorne Park, Cambridge, MA 02138
Claims that a snow plow struck his parked vehicle on Hawthorne Park, Cambridge, MA.
Approved

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at 5:20pm.

For the Committee,
Councillor Timothy J. Toomey, Chair

Committee Report #2     June 6, 2011
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of June 6, 2011 Claims Committee in the total sum of $2,133.57.


Committee Report #3
The Transportation, Traffic and Parking Committee held a public meeting on Thurs, Apr 21, 2011 at 5:35pm the Sullivan Chamber.

The purpose of the meeting was to discuss the footbridge at Magazine Beach.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Vice Mayor Henrietta Davis; Sue Clippinger, Director, Traffic, Parking and Transportation; and Deputy City Clerk Donna P. Lopez.

Also present were Heider Hamamdi, 50 Murray Hill Road; Arsen Askaryam, 730 Memorial Drive; Mark Schneider, 276 Pearl Street; Jen Eno-Ballbach, Manager, Trader Joe's; Marilyn Wellons 651 Green Street; Carolyn Shipley, 15 Laurel Street; and Craig Watkins, Magazine Street.

Councillor Kelley convened the meeting and explained the purpose.

At 5:36pm Councillor Kelley opened the meeting to public comment.

Marilyn Wellons, 651 Green Street, stated that the transfer of Magazine Beach to active playing area falls into the plans to develop this area as a transportation corridor and that the DCR did not want to impede traffic and thus opted for the more expensive pedestrian bridge. The light works just fine, so it is too bad that bureaucratic processes stand in the way of making that permanent. The public wants an at-grade light at this area after the death that occurred at Memorial Drive and the damage to the footbridge. The option was to repair the pedestrian bridge. It is feasible to install a light at this section and the pedestrian bridge could be used for handicapped access. Magazine Beach is ever more closely tied to the BU Bridge. Disappointed that Memorial Drive is, to the neighborhood's disappointment, being built up more like Storrow Drive. Magazine Beach is not a free and open space for the public. Magazine Beach will be ruined by the plans. Magazine Beach should be a natural area with historic significance.

Mark Schneider, 276 Pearl Street, favored leaving the traffic light at Magazine Beach and Memorial Drive. The Department of Transportation (DOT) plans to take the temporary traffic light down when the work on the footbridge is completed. The temporary traffic light is owned by the contractor. He cited some advantages to leaving the traffic light: cars can make a legal left turn onto Memorial Drive, cars can make a safer right turn, traffic calming and safer pedestrian crossing. Plus the light provides a break in the traffic that makes exiting business parking lots easier. He informed the committee that he has filed a petition with over 100 signatures, collected with little effort, to keep the traffic light. The Riverside Boat Club also has a petition with over 70 signatures to keep the traffic light.

Heider Hamamdi, 50 Murray Hill Road, spoke about the cost of the light. He noted that he was an engineer. The temporary traffic light is part of the traffic management plan for the footbridge. There is a cost to DOT or to the City to install a permanent traffic light. He suggested a traffic study that would cost about $20,000 to see if a permanent traffic light is warranted.

Jen Eno-Ballbach, Manager, Trader Joe's, supported the permanent traffic light on behalf of the customers at Trader Joe's. It is a death wish to try to make a left turn without the traffic light. She noted that this opinion is a living traffic study. Being able to make that left turn from the parking lot is great!

Arsen Askaryam, Manager, Micro Center, stated that his customers also circulated a petition in support of a permanent traffic light. He stated that this area is dangerous and that when he was a pedestrian, the footbridge was not something he really used. People would cross by the BU Bridge or at grade and that's very dangerous.

Carolyn Shipley, 15 Laurel Street, stated her support for a traffic study. There can be no conclusions without a traffic study. Unfortunately the DOT does not have money for a permanent traffic light, but the City does, if it wishes. She stated that children are endangered by taking a left onto Granite Street, noting that teenagers do stuff like that, crossing Memorial Drive and at least one has been killed. She wanted the facts, both pro and con, before a decision is made on a permanent traffic light. Given that the BU Bridge is all under construction, it is tough to assess impacts of this light on that Bridge and associated traffic. A light at this spot would alleviate people driving past the Morse School, and its students, on Granite Street to make the turn left on Memorial Drive. Further, she said, that the traffic study should be done in the summer when the pool is opened and being utilized by children. Mr. Schneider added that the Morse school janitor sees children running across Memorial Drive all the time.

Craig Watkins, Magazine Street, supported a traffic study. He stated his concern about the traffic in the vicinity of the school. Safety for school children is an issue, but a permanent light might make Magazine Street more of a throughway.

At 6:00pm Councillor Kelley closed public comment.

Councillor Kelley asked Ms. Clippinger about the view of the City on the traffic light cost, traffic study, the school crossing and about the next steps.

Sue Clippinger, Director, Traffic, Parking and Transportation, informed the committee that the traffic light is part of the BU bridge construction. The light is owned by the contractor and is a temporary set up. A signal at this location is the responsibility of the DCR. Mass. Highway sees this as a DCR issue. DCR needs to do the traffic study but has a two year wait list for the traffic study. The City should be asking state agencies to do the traffic study before a decision is made. The City has no position at this time. A traffic study would include warrants on pedestrian counts, turns' impacts and so forth. If someone else did a traffic study the DCR did not support, she noted the DCR would just wind up doing its own study.

Councillor Kelley inquired as to the cost of the light. Ms. Clippinger responded the light would cost $20,000. Would a traffic study look only at this intersection or would Granite Street be studied also asked Councillor Kelley. DCR would make this determination stated Ms. Clippinger. A warrant analysis as well as an evaluation of pedestrian safety is needed. All routing decisions for traffic and pedestrians need to be reviewed. Ms. Clippinger further stated that there are studies that show that people prefer signal to footbridge crossing. There may be three fatalities over time in this area. Traffic studies are, she noted, both an art and a science. People make routing decisions based on all sorts of factors. A traffic study would try to address these things. The narrowest study would be a warrant analysis and ruling just on Memorial Drive.

Councillor Kelley commented that if the City did a traffic study it would be redone by DCR. He asked if the City gave DCR the money for the traffic study would the City have a two year wait. Ms. Clippinger stated that the DCR added three traffic lights to Memorial Drive. MIT paid for two of the traffic lights and the third light was paid for by a developer.

Vice Mayor Davis asked what the City could do about the traffic light. Councillor Kelley informed the Vice Mayor that DCR would do nothing without a traffic study. The work at the footbridge will be complete by Dec 1, 2011.

Vice Mayor Davis expressed her concern for pedestrian safety at this intersection. A permanent traffic light may encourage pedestrians to use the light instead of the pedestrian bridge and she felt the latter was safer. People do not use the pedestrian bridge, but the bridge is safer than crossing the street, especially as there are reports that cars are running the red light at the crossing. Vice Mayor Davis stated that her biggest concern is children crossing safely to the pool using the pedestrian bridge.

Councillor Kelley discussed the next steps. Get traffic study done. City will work with the DCR to make sure that the concerns of both the City and DCR are addressed.

Councillor Kelley asked Ms. Clippinger if she could write a traffic study. Ms. Clippinger responded in the affirmative.

Mr. Hamamdi informed the committee that a traffic light installation costs $150,000 to $200,000 and a traffic study costs $25,000. In developing a traffic study it includes a network of surrounding streets, including peak hours, he said. He suggested that the City pay to hire a traffic consultant and get approval from the DCR. The traffic study will be done quicker. A light with a lengthy pedestrian delay could encourage people to use the footbridge, if both options existed.

Ms. Shipley questioned the validity of the City's data. Ms. Clippinger noted that the data goes back five years.

Councillor Kelley stated that the City should go to DCR and if DCR is interested in installing a permanent traffic light then figure out how to make people cross at the light. Mr. Schneider commented that handicapped residents prefer a traffic light because crossing the bridge is troublesome.

At this time Councillor Kelley made the following e-mails part of the record:
1. Josie Patterson (ATTACHMENT A)
2. JoAnne Ackman, 314 Pearl Street (ATTACHMENT B)
3. Andrea Kontos, 171 Magazine Street (ATTACHMENT C)
4. Frank Shirley and Katherine Gamble, 75 Henry Street (ATTACHMENT D)
5. Colleen Clark and James Cox, 21 William Street (ATTACHMENT E)
6. Walter McDonald, Magazine Street (ATTACHMENT F).

Councillor Kelley thanked all attendees for their participation.

The meeting adjourned at 6:25pm.

For the Committee,
Councillor Craig Kelley, Chair


Committee Report #4
The Transportation, Traffic and Parking Committee held a public meeting on Thurs, Apr 28, 2011 at 5:35pm in the Sullivan Chamber.

The purpose of the meeting was to discuss traffic concerns about the East Cambridge roadways and the Lechmere Station.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Brian Murphy, Assistant City Manager for Community Development Department (CDD); Susan Glazer, Deputy Director of CDD; Susanne Rasmussen, Director of Environment and Transportation Planning, CDD; Sue Clippinger, Director, Traffic, Parking and Transportation; and Deputy City Clerk Donna P. Lopez.

Also present were John Paul, 90 Spring Street; Heather Hoffman, 213 Hurley Street; Rhonda Massie, 211 Charles Street; Paul Kaplan, 211 Charles Street; and Donna M. Keefe, 263 Hurley Street.

Councillor Kelley convened the meeting and explained the purpose. This meeting was scheduled because of concerns for East Cambridge. Specifically with the T station getting moved to the other side of Monsignor O'Brien Highway, the widening of O'Brien Highway and the lane widened being put where the future public market would be according to a plan proposed by East Cambridge residents. He asked at what point the City could not stop the T station being moved.

Mr. Murphy, Assistant City Manager for Community Development, stated that he is precluded from working on the Green Line Extension, but things are not locked in. The data from the PTDM ordinance will be used to make sure the state's models makes sense and that the state is using reality regarding things like the time it takes to cross the street and the frequency of crossings.

Ms. Clippinger stated that the current North Point developer is onboard to relocate the T Station and once the Green Line is relocated the parcel on which the current Lechmere T station is located goes to the North Point developer. Heather Hoffman added that the Boston and Maine owns the property.

Councillor Kelley stated that he hopes for an action plan but does not know what the City wants.

Ms. Rasmussen added that the number of lanes in the proposed plan was based on assumptions about current and projected traffic generated. The City is going to review this seven or eight year old data regarding driving, walking, riding and biking. The highway is wider because the median is wider but the overall lane number drops from seven to six. The plan is to prevent traffic traveling down Third Street by widening the road with an extra lane where part of the Lechmere Station currently exists and having cars travel down First Street.

Ms. Hoffman stated that the numbers are old, the City has changed plans and the road will be reconfigured. The assumptions are old. All current issues are new now.

Councillor Kelley asked how much stock the City has on what happens here.

Ms. Clippinger responded that O'Brien Highway was a DCR parkway turned over to DOT during the reorganization. The City is a strong and responsible party to the decision but does not have veto power. Mr. Murphy noted that DCR's shift to MassDOT confused the state's view of the roads.

John Paul commented that the traffic shift is from First Street to Third Street makes little sense. The traffic goes to different locations. The traffic is not relieved with the shift. It is perceived to be commuter traffic. McGrath Highway, he said, is becoming a suburban highway and to widen the street at Lechmere goes against advocating for public transit and would isolate North Point. If North Point is not to be seen as an isolated place it needs to be walk able from the rest of East Cambridge. This needs to be considered.

Councillor Kelley asked where the City is in all of this. Ms. Clippinger stated that the City is not far apart on the goal; it is however far apart on the implementation of the plan. The City needs to revisit the assumptions. The goal is a good multi pedestrian connection and not to push connector traffic in the western section. The discussions are dormant because the project is dormant.

Ms. Clippinger noted that the City and the ECPT were probably not very far apart on goals, but perhaps were further apart on how to get there. Issues were:
1. Multiple and good pedestrian/North Point connections
2. Commuter traffic on First Street and Land Boulevard will require a look at the layout of O'Brien highway and First Street.
3. North Point on O'Brien should be pervious.
4. Now that North Point is no longer dormant, it's time to revisit the whole issue.

Ms. Rasmussen stated that this needs to be done in detail. Use First Street rather than Third Street. Look at the intersection crossings, property, time (waiting time for pedestrian crossings and crossing time) and space (how far across the road). If the right turn lane (which would go through part of the current station) is eliminated, the overall number of lanes drops from eight to six. Maps are reviewed, but this is space. Time is not considered in details. The revisiting of all these issues should be done in an open process.

Ms. Hoffman stated that an important consideration is that Somerville does not want to be split in two by a surface highway. The perception is that Cambridge is pushing for the wider highway. At any rate, it all ends in a pinch point at the dam.

Ms. Rasmussen stated that she has had discussions with Somerville about "boulevarding" of McGrath Highway. The state is doing the analytical work. The results are due out in the Spring of 2012. Cambridge is involved with the Study on the Interbelt. Somerville has thoughts about connecting roadways into North Point and Cambridge and Somerville do not always agree on everything.

Councillor Kelley commented that once the State and North Point get plans Cambridge will be unable to impact the project and expressed his concern about the City's losing the ability to impact the area. Assistant City Manager for Community Development Murphy responded that the plans are not there yet. Councillor Kelley asked if Cambridge could rezone and give development rights for the market. Mr. Murphy stated that North Point will come in this summer. On the Green Line side new terms need to be met.

Ms. Clippinger stated that the intersection of First Street and O'Brien Highway needs to be discussed about Lechmere Square and the busses. With the new North Point developer becoming more active the discussions about the connections is big and immediate.

Ms. Rasmussen stated that the station lay out in North Point is part of MEPA. The station can proceed per that and changing things is unlikely, so the station's plans can proceed at pace.

Councillor Kelley commented that rezoning, traffic conditions and development rights takes time and advertising. His would like for, at the end of this process, the current Lechmere Station to stay where it is and make this the cornerstone of discussion, street layout and rezoning. Widening O'Brien kills the use of this structure as a market. Mr. Murphy stated that the viability of the market is questionable but if the Council wanted the City staff to work on this issue, the staff would do it. There is a push to do a market on Boston's parcel 7 and 8 (current Haymarket area). This has more momentum. Can two public markets exist together he asked? Ms. Rasmussen added that a manager has been hired for the Boston public market.

Councillor Kelley asked what it takes to get City staff to set policy, emphasizing the need for City staff to be clear to the Council about what requests may not warrant staff time. Mr. Murphy responded it is up to the City Council. Ms. Rasmussen stated that the staff had questions about a viable market and density. It is a great idea, but can it be accomplished? Mr. Murphy stated that the staff needs to review the assumptions and the data to determine what makes sense. The data is a stale 25%. The current design affects the Lechmere site. The City wants to review the layout.

Councillor Kelley asked when the data review would be completed. Ms. Rasmussen responded weeks and then the developer for North Point must pay the consultant. Ms. Clippinger informed the committee that North Point has obligations to do roadway work.

Councillor Kelley stated that North Point is doing the traffic study, construction and design and worried that the design would be for a project that precluded the public market idea. Ms. Clippinger commented that the old North Point did the old design and it was approved by the Planning Board. There was no funding and no developer, but now there is a new developer in place. Ms. Hoffman added that the agreement is on line. Ms. Clippinger stated that the City will not design the road and the parcel is not in the City's control.

Ms. Clippinger stated that North Point has to come back to the Planning Board for roadway changes. Ms. Hoffman stated that the designs of the road matter to the City and officials. She does not want the bus stops changed. Can this be influenced? She spoke about strollers crossing O'Brien Highway twice and how that would be a huge mistake. Mr. Murphy stated that the T makes decisions because of funding, though the City can put pressure on the T.

Councillor Kelley wondered if the design of the highway/market could impact bus lanes in the City's favor. He dislikes widened roads. Mr. Murphy stated that the City does not do road widening. Ms. Clippinger stated that when the new intersection is added new turn lights will be added.

Councillor Kelley commented that when curb is moved over the market is lost. Who will decide that First Street to O'Brien Highway is not beneficial to the City? The roadway design was developed on the assumption that First Street would be gone. Mr. Paul stated that he does not see how First Street could relieve traffic from Third Street. He favored just leaving the traffic on Land Boulevard. Third Street is reluctant to more to First Street. Ms. Clippinger stated that Third Street and Land Boulevard traffic is congested, but First Street is not. If the First Street/O'Brien connection is something the City does not want, we should figure that out now. Things are not absolute right now. Ms. Rasmussen stated that Linsky Way was made one-way from Second to Third Street to alleviate traffic and that the City is doing various things to make First Street more attractive to drivers and some people will start taking that road. Mr. Paul asked the mechanism to encourage the developer to develop the site as Lechmere Market.

Councillor Kelley stated that he sees the options as giving the developer transferable development rights, rezoning the parcel for low density or purchasing the property, assuming that the roadways would accommodate relevant changes.

Mr. Murphy stated that the biggest challenge is the special permit which includes this parcel. This does not preclude discussions with the developer, but as the developer has a valid permit, the City is not really in a position to dictate anything. Ms. Hoffman stated that her recollection is that the developer got square footage and then had to build the station. Ms. Rasmussen stated that Parcels S & T were beginning and the housing changed. Ms. Hoffman stated that the developer had to build the station because they got the old station and perhaps the Special Permit needed to be amended to allow relevant changes.

At this time Councillor Kelley submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate staff to review the special permit issued to North Point, in particular the requirement that North Point build the T station or any other special requirements that have been altered to property changes or deals and report back to the City Council.

The motion - Carried.

Ms. Hoffman stated that the market plan utilized every inch of the development rights. Councillor Kelley stated that more information is needed to see if all have the same voice and then go to the developer.

Councillor Kelley thanked all attendees for their participation.

The meeting adjourned at 6:40pm.

For the Committee,
Councillor Craig Kelley, Chair


Committee Report #5
The Ordinance Committee held a public hearing on Apr 6, 2011 beginning at five o'clock and ten minutes P.M. in the Sullivan Chamber. The hearing was held for the purpose of considering the re-filed Fox petition to rezone an area primarily along Cottage Park Avenue from Business A-2 to Residence B. (Attachment A).

Present at the hearing were Councillor Sam Seidel, Chair of the Committee; Mayor David P. Maher; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury. Also present were Stuart Dash, Director of Community and Neighborhood Planning, Community Development Department (CDD); Taha Jennings and Jeffrey Roberts, Community Planners, CDD.

Councillor Seidel convened the hearing and explained the purpose. He invited the petitioner to make a presentation. Charles Teague, 23 Edward Street, made the presentation on behalf of the petitioners. He provided an update of related events that have occurred since the last hearing on the Fox petition. He stated that the issue here is public safety.

Mr. Teague then provided history of the residents' attempts to ban commercial traffic beginning in the early 1970's. On Cottage Park Avenue there are six (6) houses, with a total of eleven (11) units. The big change has been the big increase in cars. In 1955 there were six (6) houses and two (2) cars.

Now Fawcett is planning one hundred and four (104) rental units. Cottage Park will get a big traffic increase from this development.

The Fox petition proposes no commercial traffic. The Emerson property is not targeted.

Councillor Seidel invited the comment from the community development staff. Iram Farooq provided the perspective of the North Massachusetts Avenue study. The emphasis was urban design and street scope improvements, but during the process the committee looked at other elements such as how to encourage ground floor retail and protected historic elements. They also looked at the three areas where the business district extended 100 feet back up Massachusetts Avenue. These areas are Tully Square, Cottage Park Avenue and the area behind the Henderson Carriage Building. The Henderson Area is stable in that the FAR available under the current zoning has already been completely utilized. For the area behind Tully Square, Community Development recommends Res C-2b Zoning, which provides a somewhat lower density limit. For the Cottage Park area, the staff recommends Residents B Zoning. The policy issue is use-what uses could be comparable with the current neighborhood. The North Massachusetts Avenue recommendation will come to the Planning Board on Apr 28th and community development staff will meet with the Planning Board on any issues that the Planning Board finds.

Mayor Maher asked whether the Fox Petition proposal is any different from the Community Development's North Massachusetts Avenue study recommendation. Ms. Farooq said that the only difference is that the study committee recommendation includes the full parcel that is now split between commercial and residential zoning, to remedy the problems caused by the lot being split into two different zoning districts. The petition will create the Residence Zoning that these petitioners are proposing. Mayor Maher observed that the zoning change recommended by the study committee would result in that parcel being subject to any changes to Section 5.28. Ms. Farooq answered in the affirmative.

Mayor Maher said that the City Council would never create this type of zoning today. The residents of Cottage Park Avenue deserve some relief.

Councillor Seidel asked about the proposed change to the Special District 2 boundary. Ms. Farooq said that the reason for the difference is the boundary is to eliminate the split lot problem- it is just a cleanup.

At this time, Councillor Seidel invited public comment.

Julia Bishop, Cottage Park Avenue, stated that she has lived in Cambridge for thirty years and on Cottage Park Avenue for fifteen years. She spoke in support of the petition. In 2000 she wrote a letter to the City Council about the traffic issues caused by the Fawcett Oil Company. Now she is worried about the Emerson parcel development potential. Safety continues to be a problem. There are daily near-head-on collisions on Cottage Park Avenue. Her second concern is the proposal of one hundred and four (104) units at the Fawcett property. This would result in the potential of the street having about eighty (80) more cars. Another safety issue is Tyler Court, which is blocked by snow in the winter, pushing more traffic onto Cottage Park Avenue.

Karen Sadat, 42 Brookford Street, said that she is a direct abutter of Cottage Park Avenue. Any change is going to impact that street. The existing zoning designation no longer reflects the reality.

Attorney Ruth Silman, Nixon Peabody, stated that she represents the Emerson family, owners of Cottage Park. The Emersons understand the safety issues, but there needs to be a balance of the owner's property rights. She submitted a letter in which she lays out her legal analysis concluding that the proposed rezoning constitutes reverse spot zoning (Attachment B). She requested that the City Council defer a decision on this petition until there is a hearing on the North Massachusetts Avenue zoning proposals that the CDD staff would be presenting to the Planning Board. The prospective purchaser could redevelop the Cottage Park building as residential with less density than what would be allowable under the current zoning. She stated that 22 Cottage Park is not going to remain vacant forever.

Jon Milman, 9 Cottage Park Avenue, stated that safety trumps the issue of reverse spot zoning. Regarding down zoning to the Res B, Attorney Silman has already said there is a prospective buyer who could build under that zoning designation.

Mayor Maher urged the community development staff to make themselves available to the prospective buyer to be sure this person has information about the proposal changes to Section 5.38.

Councillor Simmons moved that the petition remain in council. The motion passed without objection. The meeting was adjourned at five o'clock and fifty-nine minutes p.m.

Councillor Seidel thanked those present for their attendance.

For the committee,
Councillor Sam Seidel, Chair


Committee Report #6
The Ordinance Committee held a public hearing on May 5, 2011 beginning at five o'clock and forty-eight minutes P.M. in the Sullivan Chamber. The hearing was held for the purpose of considering proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2, including the history of the use of the section for special permit applications for conversion of commercial and institutional uses to residential building, and the recent public conversations on this section of the Zoning Ordinance. (Attachment A).

Present at the hearing were Councillor Sam Seidel, Chair of the Committee; Mayor David P. Maher; Councillor Leland Cheung; Vice Mayor Henrietta Davis; Councillor Timothy J. Toomey, Jr.; and City Clerk D. Margaret Drury. Also present were Susan Glazer, Deputy Director, CDD; Stuart Dash, Director of Community and Neighborhood Planning, CDD; and Jeffrey Roberts, Planner, CDD.

Councillor Seidel convened the hearing and explained the purpose. He invited the CDD staff to make a presentation.

Mr. Dash described the original creation of the re-use provision. He then submitted a memorandum dated March 2011, from Brian Murphy, Assistant City Manager for Community Development (Attachment B) attaching proposed amendments to Section 5.28.2 (Attachment C) and an additional document entitled "5.28.2 Rezoning Petition - Outline of Proposed Changes" (Attachment D). He outlined the major issues addressed in the proposed changes are as follow:
• Addition of a statement of intent;
• Allowing certain low impact commercial uses to balance parking and other impacts of residential use;
• Establish different options for unit density limits that take the base zoning category into account and provide for more common space in larger multi-unit projects;
• Changing special permit review criteria to require closer consideration of parking impacts and unit makeup;
• Recommending developer outreach to abutters and neighbors before submission of special permit application and requiring description of that outreach in the special permit application;
• Defining what information is required in the parking analysis.

Councillor Seidel then invited questions and comments from members of the committee.

Vice Mayor Davis expressed her interest in facilitating the development of elderly congregate housing and said that she believes that the language may be too narrow to allow congregate housing. She also asked about artist studios.

Councillor Cheung thanked the CDD staff for their thoroughness and said that a lot of the issues raised in the first round of hearings have been resolved. He said that there are more ground floor commercial uses that could be appropriate in a mostly residential building. He suggested that Tim Rowe be contacted with regard to entrepreneurial congregate housing.

Mayor Maher said that he is still not sold on the proposal to allow different sized units in different zoning districts. If there is a big building in the middle of a Residential A district, why would we want to make the units bigger?

Mr. Dash said that this issue is a policy choice for the City Council. The proposed unit sizes match what is already in the district, for the most part, with perhaps a little more density. This proposal responds to the goal expressed by Norris Street residents of having the number of units in the development more closely match the prevailing neighborhood.

Mayor Maher gave the example of the property of the Episcopal Divinity School that Lesley University just bought. He would argue that in that situation, so close to Harvard Square, there should be units much smaller than 3300 square feet. Similarly, the City-owned music school on Lowell Street would end up as four huge condominiums.

This provision would seem to make affordable housing, even housing for moderate and middle income individuals, more difficult that it already is. Perhaps there should be a ceiling on the amount of gross floor area of the units.

At this time, Councillor Seidel invited testimony from members of the public.

Kevin Crane, Esq., 27 Norris Street, submitted a letter for the record (Attachment E). He stated that progress has been made in this new proposal, but there is still work to be done. With respect to the interests involved, there are three balls in the air: neighbors, the City's public interest in preservation of historical buildings and the creation of affordable housing, and the property owners. The interests of the property owners need to be better addressed in the area of density. Although CDD seems to see the proposal of a cap as "the third rail," a cap at twice the density that would be allowed under the base zoning solves most of the problems that still remain. The filler-up provisions should be eliminated or not included the calculation of density and in conversion projects under section 5.28.2, the amount of required parking should be tied to the GFA.

Dan Bertko, 13 Norris Street, submitted a letter for the record (Attachment F). He stated that one of the reasons for sec 5.28 was a perceived shortage of housing. Over 2,000 new units have been generated since the year 2000, and the number developed pursuant to sec. 5.28. is less than 100. The section leaves too much discretion to the Planning Board, and in this respect, it is bad for the developers and really bad for the neighbors. Mr. Bertko also voiced objections to the maximum unit calculator and the single parking space requirement.

Lois Carra, 13 Norris Street, submitted a letter for the record (Attachment G) and stated that the proposed amendments still no don adequately protect neighborhoods. Overflow parking would still be a problem. Paring must be linked to the number of bedrooms or a formula for square footage. There is still too much discretion given to the Planning Board.

Lilla Johnson, 23 Rice Street, said that while the new draft contains many good changes, the Planning Board still has too much discretion. She urged more guidelines, a cap on density and linking parking to the number of bedrooms.

Tom Gould, 35 Rice Street, spoke in support of a cap on FAR to keep development in scale with the neighborhood and a requirement for more than one parking space per unit.

Attorney Sean Hope, 130 Bishop Allen Drive, stated that he represents the owner of 40 Norris Street, Dr. Mouhab Z. Rizkalla, and submitted a letter from the owner (Attachment H). Attorney Hope stated that the proposed changes limit the financial viability of re-use of schools and churches. He gave the example of the St. John Church School, 120 Rindge Avenue, which is now in bankruptcy.

Sue Hall, 23 Norris Street, submitted charts analyzing the ratio of granted or proposed FAR to FAR as of Right and the application of a 2x cap to 40 Norris Street (Attachment I ). She stated that was very heartened by some of the changes included in the new draft, but that she is still mystified as to why CDD is still averse to a cap. She noted that this does not mean a project could never be built without a cap; it just means that a zoning variance would be required in such a situation.

Robert Casey, 1 Drummond Place, submitted a letter for the record (Attachment J). He stated that he favors a cap on GFA, a parking requirement of more than one space per unit based on a fixed formula, and a requirement for screening to protect abutters from negative impacts of the development.

Charles Teague, 23 Edmunds Street, spoke in support of the Norris Street neighbors. The 900 square foot GFA number is too small; it would allow too many units. There is a fundamental problem with allowing development under sec. 5.28.2 in neighborhoods house neighborhoods.

David Bass, 23 Norris Street, stated that by not quantifying FAR and the number of bedrooms, the goal becomes lost. Unless you quantify everything you quantify nothing. He stated that he is pleased that sec 5.28.2.b has been added.

George McCray, 2301 Massachusetts Avenue, expressed his appreciation for the City's collaborative work with the residents. He emphasized the importance of protecting the livability of Norris Street and all of Cambridge's small residential neighborhoods. He endorsed the proposals for a cap on GFA and a requirement for additional parking.

Matt Schofield, 35 Norris Street stated his agreement with what his neighbors have presented. As a community, they have been meeting with everyone that they have been able to reach. Forty apartments would increase the residents by over 90%. One car per apartment is not typical for this neighborhood. Jeanne Fong, 53 Norris Street, submitted a letter for the record (Attachment K). She expressed support for a cap in GFA, elimination of infill and linking the parking requirement to a number.

Young Kim, 17 Norris Street, submitted a letter for the record (Attachment L).

Mayor Maher moved that the Ordinance Committee refer the petition to the full City Council while retaining subject matter jurisdiction for further discussion in the Ordinance Committee.

Councillor Seidel thanked those present for their attendance. The meeting was adjourned at 7:26pm.

For the committee,
Councillor Sam Seidel, Chair


Committee Report #7
The Ordinance Committee held a public meeting on May 25, 2011 beginning at four o'clock and forty minutes P.M. in the Sullivan Chamber. The meeting was held for the purpose of continuing to considering proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2.

Present at the meeting were Councillor Sam Seidel, Chair of the Committee; Mayor David P. Maher; Councillor Leland Cheung; Vice Mayor Henrietta Davis; Councillor Kenneth E. Reeves; and City Clerk D. Margaret Drury. Also present were Susan Glazer, Deputy Director, CDD; Stuart Dash, Director of Community and Neighborhood Planning, CDD; and Jeffrey Roberts, Planner, CDD.

Councillor Seidel convened the meeting and explained the purpose. He invited the CDD staff to make a presentation on developments since the May 5th public hearing on this petition.

Mr. Dash submitted a May 18, 2011 memorandum to the Planning Board from the CDD Staff Re: 5.28.2 Zoning Petition containing supplemental information and analysis in response to Planning Board requests (Attachment A). Mr. Dash explained that members of the CDD staff have been involved in several meetings in which they looked at three questions: gross floor area: a comparison of GFA-PER-Unit- to Actual Unit sizes, commercial use in a 5.28.2 residential project, and whether there should be a density differential for the three residential zoning districts, Residence A, Residence B and Residence C.

Councillor Seidel asked about the Planning Board's reaction to the changes to the proposed amendment. Mr. Dash said that the Planning Board liked the idea of having the parking study requirement triggered by an application for 10,000 square feet or more of development. The Board also liked the inclusion of commercial uses. With regard to the issue of the allowed gross floor area per square foot and the method of its calculation, the members of the Planning Board saw both sides of the issue. Where the potential of the larger number appears in the formula, both the buyer and the seller can be overly optimistic about the density that will end up actually being allowed by the Planning Board in a special permit. Some members of the Planning Board questioned why the formula permits these larger numbers that in all likelihood will not actually be permitted by the Planning Board.

Councillor Seidel then invited questions and comments from the members of the Ordinance Committee.

Vice Mayor Davis expressed her approval of a formula for determining the maximum allowed number of units that provides for use of the same gross floor area as a divisor in all "lower density" zoning districts (A-1, A-2, B, C, C-1, SD-D, SD-10, SD-12), 1200sq. ft for the first 10 units and 1,800 for additional units, and for all other districts, 900 sq. ft. for the first 10 and 1,350 for additional units. She said that although two bedroom units can be family housing, there are many families that need three bedrooms. She asked whether this formula will promote family housing, in accord with the goals of the City Council. Mr. Dash answered in the affirmative. He stated that CDD housing planners see two bedroom units as family units. In addition, this formula would encourage flexibility with regard to three bedroom units. Vice Mayor Davis asked whether this formula would encourage multigenerational housing. Mr. Dash said that a lot would depend on the design of the individual housing.

Vice Mayor Davis asked whether the formula, which she understands may encourage more common space, would facilitate the development of co-housing. Mr. Dash said that in some ways, it would because it increases the amount of space to work with. However as soon as you put in a guest unit with a kitchen and bath as a unit shared by all the residents, that guest unit will be fully counted as another unit. Vice Mayor Davis asked whether staff could make the changes in the proposal that would better facilitate co-housing, and Mr. Dash answered in the affirmative.

Mayor Maher thanked the staff for their hard work and commented favorably on the progress made. However, he said that he does not believe that the proposal is ready for adoption as an amendment yet. He is pleased to see the proposal to use one GFA per square foot measure for all residential districts, but he is not sure that 1200 is the right number. He still sees problems with the fill-in aspects. Perhaps it would make sense to allow use of the space, but not to just fill it up with people.

Councillor Seidel asked about the effect of the GFA requirement on size of units. Ms. Glazer said that zoning does not prescribe the number. The market has a big effect on the size of the units. Councillor Seidel said that he would like to see zoning that would work with co-housing because these old school and other institutional buildings seem like the type of buildings that would be well-suited to co-housing.

Councillor Seidel asked for more information about the parking concerns. Mr. Dash said that in all large projects the number of parking spaces is a concern for the neighbors, and Norris Street, a one-block, one-way out to Mass Avenue, is already a tight parking spot for residents. The neighbors were concerned that as the number of units is reduced, the units would get bigger and could mean additional bedrooms are included, which could mean more residents per unit with more total cars. The neighbors do not want to have a big overflow of cars parking in the street. However, it is well documented that requiring more parking will absolutely result in more cars. Not providing more parking than necessary is a cornerstone of the City's emission reduction policy. After looking at the GFA and the potential units that could result, looking at other parking studies and consulting with Traffic Parking and Transportation Department staff, they are confident that the parking requirement for 40 Norris is still within the one car per unit category. Councillor Seidel thanked the staff for their work and said that the committee understands that this has to work citywide.

At this time Councillor Seidel moved to public comment.

Kevin Crane, Esq, 27 Norris Street, expressed his appreciation to the staff. He state his agreement with Councillor Seidel and Mayor Maher in their desire to take the time necessary to get the amendment right the first time. He provided examples of building that could be developed under Section 5.28.2, including the Middlesex Probate and Family Court and Land Registration building, which takes up the whole block on Cambridge Street between Second and Third Streets, the Old Cambridge District Court and the Sancta Maria Nursing Facility. With regard to the density calculation, while he agrees with the change to one figure for all the residential districts and with the idea of having one number for the first 10 units and a larger number thereafter, he still believes there should be a cap on 2.0 x the number of units that would be allowed by the base zoning. If a developer goes beyond 2.0, a public amenity must be provided as part of the development project.

Greg Moree, 25 Fairfield Street, stated that he supports all projects and that all projects should have union agreements, providing for 25% of out-of-state employees, 25% from the union hall, 25% company men and 25% Cambridge residents.

Robert Casey, 1 Drummond Place, said that he wanted specific language to protect the neighbors from overdevelopment in the areas of overflow parking, density, screening. The neighbors got none of these protections. They will continue to be at the mercy of the Planning Board members' personal judgment.

Young Kim, 17 Norris Street, thanked the City staff for their work and submitted written comments for the record (Attachment B). He urged measurable parameters on how well the project will fit into the neighborhood.

Charlie Marquardt, 10 Rogers Street, also expressed his thanks to the staff for their hard work. He stated that he too spent some time looking at what buildings are out there for potential conversion under Section 2.58.2. He noted the Upton School, which under the current law could have been 44 units and under the amended version would now be 37, 159 Thorndike Street, currently rented by the School Department as administrative space, which could have been 63 units and now would be under 30 units, Spaulding Rehab, which could have been 500 units and now could not be more than 300, and the Armenian Rectory. He also pointed out that the references have all been to a structure or a building, but a sec. 2.58.2 conversion could encompass more than one structure or building.

George McCray, 2301 Mass Avenue, thanked the CDD staff and the City Council for their work on this matter. He stated that a great deal of progress has been made, but there is still some work to do. He supports requiring the developer to meet with the neighbors before filing an application for a special permit.

David Bass, 23 Norris Street, thanked the staff and City Council and gave special thanks to Vice Mayor Davis for her consideration of multi-generation housing. He expressed concern about limiting commercial use to the ground floor. There could be a compatible commercial use that would work best on another floor. Similarly, he does not agree with limiting the commercial use to 15%. Mr. Bass also said that he does not believe that the gross floor area number should be able to be increased from what is already there.

Sue Hall, 23 Norris Street, thanked the CDD staff and the Ordinance Committee, especially Mayor Maher. She likes the unit calculator and the mandated parking study for larger projects. She also liked Planning Board Chair Hugh Russell's suggestion that if the density more than doubles, no fill-in is allowed.

Steve Kaiser, 191 Hamilton Street, stated his agreement that the proposal is not quite ready for adoption. He lives close to Blessed Sacrament and 72 Hamilton Street. Mr. Kaiser also stated that is not clear to him whether this petition is consistent with Articles 6 and 7 of the Massachusetts Constitution.

Dan Bertko, 13 Norris Street, stated that he agrees with Mr. Bass that non residential use should be allowed in any part of the building and that it does not need to be limited to 15%. At 40 Norris Street, seven units would be allowed under the base zoning and 53 under the current version of sec.5.28.2, four times as much as the base zoning. He would like to see a cap. He would also like to see correlation of the parking requirement and the number of bedrooms all over the city to see if it really amounts to one per unit despite the number of bedrooms.

Charles Teague, Edmunds Street, stated that the proposal still needs a great deal of work.

There being no further testimony offered, Councillor Seidel thanked those present for their attendance. The meeting was adjourned at 6:04pm.

For the committee,
Councillor Sam Seidel, Chair


AWAITING REPORT LIST
10-50. Report from the City Manager:
RE: report on options for amending the ordinance to allow for permitting of civic organizations to use public space after hours.
Councillor Cheung 03/22/10 (O-18)

10-57. Report from the City Manager:
RE: report on Harvard using the Jesuit properties for affordable housing and whether Harvard will offer other properties in the same neighborhoods for the purpose of developing affordable housing.
Councillor Decker & Councillor Cheung 04/05/10 (O-20)

10-89. Report from the City Manager:
RE: report on a delineation of the boundaries of Joan Lorentz Park.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/24/10 (O-11)

10-133. Report from the City Manager:
RE: report on railroad crossing safety policies and procedures, including equipment maintenance and repair in the City of Cambridge.
Councillor Seidel 09/13/10 (O-16)

10-173. Report from the City Manager:
RE: report on the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.
Councillor Decker 11/08/10 (O-12)

10-176. Report from the City Manager:
RE: report on the feasibility of creating a "Bonding Program" for the purpose of ensuring that a process exists to enable the completion of work on projects where a developer fails to comply with an agreed upon community mitigation agreement.
Mayor Maher and Full Membership 11/22/10 (O-3)

10-177. Report from the City Manager:
RE: report on meetings with presidents of Cambridge colleges/universities to work out a proposal that they will pay the tuition and fees for students graduating from Cambridge public high schools.
Councillor Reeves and Full Membership 11/22/10 (O-7)

10-178. Report from the City Manager:
RE: report on developing an RFP for experimental music venues and space in Central Square.
Councillor Reeves and Full Membership 11/22/10 (O-8)

10-180. Report from the City Manager:
RE: report on feasibility of developing a formula/mechanism for receiving revenues negotiated during zoning changes and the possibility such revenues generated by a formula for distribution to community based non-profits.
Mayor Maher & Councillor Simmons 11/22/10 (O-12)

10-181. Report from the City Manager:
RE: report on the current formula that the City uses to calculate linkage payments for large scale projects.
Mayor Maher & Councillor Simmons 11/22/10 (O-13)

10-183. Report from the City Manager:
RE: report on the state of the law relating to community benefits as mitigation in zoning amendment petitions.
Vice Mayor Davis, Councillor Toomey, Councillor Seidel, Councillor Cheung and Full Membership 12/13/10 (O-1)

10-184. Report from the City Manager:
RE: report on the possibility of the Cambridge Farmers Market using space for the winter months in the ground floor of the First Street garage or other suitable space.
Vice Mayor Davis, Mayor Maher, Councillor Toomey, Councillor Cheung and Full Membership 12/13/10 (O-2)

10-185. Report from the City Manager:
RE: report on establishing a "pilot program" for Clean Tech Start-Ups in the first floor of vacant First Street garage.
Mayor Maher and Full Membership 12/13/10 (O-4)

10-186. Report from the City Manager:
RE: report on possible options for providing more support for the homeless youth in Cambridge.
Councillor Decker and Full Membership 12/13/10 (O-5)

10-190. Report from the City Manager:
RE: report on the feasibility of implementing the 311 system in Cambridge.
Councillor Cheung and Full Membership 12/20/10 (O-2)

11-03. Report from the City Manager:
RE: report on possibility of allowing homeowners alternatives to alter flat roof structures to create better rain water runoff collection.
Mayor Maher, Councillor Cheung, Councillor Kelley, Councillor Reeves, Councillor Seidel & Councillor Simmons 01/10/11 (O-5)

11-06. Report from the City Manager:
RE: report on whether the Responsible Employer Ordinance was complied with in regard to the recent bid on water-proofing project in Lafayette Square.
Councillor Cheung, Councillor Decker, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 01/10/11 (O-9)

11-15. Report from the City Manager:
RE: report on what incentives were given to Vertex as part of their relocation deal and evaluate how Cambridge could offer those same incentives to companies it is attempting to lure from out of state to the City.
Councillor Cheung, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 01/31/11 (O-15)

11-20. Report from the City Manager:
RE: report on the possibility of retaining the traffic light on Memorial Drive at Magazine Street.
Councillor Kelley, Councillor Cheung, Councillor Seidel, Vice Mayor Davis, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 02/07/11 (O-3)

11-22. Report from the City Manager:  See Mgr #5
RE: report on SCM funding shortfalls. Referred back for additional information by Councillor Cheung on 2/28/2011
Councillor Decker, Councillor Cheung, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 02/14/11 (O-1)

11-27. Report from the City Manager:
RE: report on recent trip of Public Safety officials to Israel and on the City's policies regarding the provision of professional development of City officials by private entities. View final order.
Councillor Decker, Councillor Cheung, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 02/28/11 (O-20)

11-28. Report from the City Manager:
RE: report on possible projects that could be completed with the help of Code for America.
Councillor Toomey and Full Membership 03/07/11 (O-1)

11-32. Report from the City Manager:  See Mgr #15
RE: report on adding flood lights in the Danehy dog park.
Councillor Decker and Full Membership 03/07/11 (O-7)

11-33. Report from the City Manager:  See Mgr #1
RE: report on feasibility of using City-installed and City-managed cameras as part of an overall safety program for the immediate Clifton Street area.
Councillor Kelley and Full Membership 03/07/11 (O-8)

11-41. Report from the City Manager:  See Mgr #3
RE: report on possibly participating in the Seattle Farm Bill Principles initiative.
Vice Mayor Davis 04/04/11 (O-5)

11-45. Report from the City Manager:
RE: report on submitting a proposal for the Mass Cultural Council's Cultural Districts Initiative which establishes criteria and guidelines for cities and towns to apply for state-designated cultural districts.
Councillor Cheung and Full Membership 04/25/11 (O-3)

11-47. Report from the City Manager:  See Mgr #17
RE: examine the opportunities for putting white roofs on municipal buildings.
Vice Mayor Davis and Full Membership 04/25/11 (O-8)

11-49. Report from the City Manager:
RE: report on the current state of the Pacific Street dog park and devise a strategy to make it more accessible and enjoyable for both dog owners and their pets.
Councillor Cheung and Full Membership 05/02/11 (O-2)

11-51. Report from the City Manager:  See Mgr #2
RE: report on assisting in maintaining Curious George & Friends Bookstore's Harvard Square location and economic strength.
Mayor Maher and Full Membership 05/02/11 (O-4)

11-52. Report from the City Manager:
RE: report on installing traffic calming measures at Russell Street and Mass Avenue.
Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/16/11 (O-2)

11-53. Report from the City Manager:
RE: report on how to make the Follen Street/Little Concord Avenue intersection safer for pedestrians, bicyclists and motorists. Referred back by Councillor Cheung on 5/23/2011 for further information.
Councillor Cheung and Full Membership 05/16/11 (O-3)

11-55. Report from the City Manager:  See Mgr #16
RE: report on filling potholes on Putnam Avenue between Western and Mass Avenues.
Vice Mayor Davis and Full Membership 05/16/11 (O-7)

11-56. Report from the City Manager:
RE: report on applying for the US Dept. of Energy grant or to coordinate the City's efforts with the MAPC proposal.
Councillor Cheung and Full Membership 05/16/11 (O-10)

11-58. Report from the City Manager:
RE: report on the feasibility of installing a projector presentation screen in the Sullivan Chamber.
Councillor Cheung and Full Membership 05/16/11 (O-12)

11-59. Report from the City Manager:
RE: report on a plan to keep the sidewalk crossings accessible for the fall/winter 2011 at major pedestrian thoroughfares.
Councillor Kelley and Full Membership 05/16/11 (O-15)

11-60. Report from the City Manager:
RE: report on the feasibility of creating a program for residents who are interested in starting a new business in Cambridge.
Councillor Cheung and Full Membership 05/16/11 (O-20)

11-61. Report from the City Manager:
RE: report on the percentage of tree canopy coverage.
Councillor Seidel and Full Membership 05/16/11 (O-22)

11-62. Report from the City Manager:
RE: report on how the City can support electric vehicles.
Councillor Cheung and Full Membership 05/16/11 (O-23)

11-63. Report from the City Manager:
RE: report on determining the impact that the Batelle Study recommendations could have on Cambridge.
Vice Mayor Davis 05/16/11 (O-24)

11-64. Report from the City Manager:
RE: report on the feasibility of implementing paying for City services on-line.
Councillor Cheung 05/16/11 (O-29)

11-65. Report from the City Manager:
RE: report on the possibility of emulating the San Francisco Yellow Pages ban in Cambridge.
Councillor Toomey and Full Membership 05/23/11 (O-1)

11-66. Report from the City Manager:
RE: report on the feasibility of allowing a one hour off-leash window at Longfellow Park.
Councillor Cheung and Full Membership 05/23/11 (O-3)

11-67. Report from the City Manager:
RE: report on ensuring that Cambridge participates in Global Entrepreneurship Week 2011.
Councillor Cheung and Full Membership 05/23/11 (O-4)

11-68. Report from the City Manager:
RE: report on future plans for the East Cambridge Post Office.
Councillor Toomey and Full Membership 05/23/11 (O-6)

11-69. Report from the City Manager:
RE: report on working with utility companies to ensure that all pole wire transfers and removal of unsightly older poles are completed in a quick and efficient manner.
Councillor Cheung and Full Membership 05/23/11 (O-9)