Cambridge City Council meeting - June 7, 2010

Cambridge City Council meeting - June 7, 2010 - AGENDA

RECONSIDERATION
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Co-Chairs of the Government Operations and Rules Committee, for a meeting held on Mar 25, 2010 for the purpose of discussing dividing the Health and Environment Committee into two committees, one to focus on health issues and the other on environmental and sustainability issues.

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Ronald DiGiorgio as a Constable With Power for a term of three years, effective the first day of January, 2010.

2. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the green building zoning petition. [The Planning Board recommends adoption of the petition as proposed.]
Referred to Petition

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-66, regarding a report on semi-permeable paving.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-81, regarding broadening awareness of filing out the census.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from U. S. Department of Housing and Urban Development for $93,954 to the Grant Fund Community Development Salaries and Wages account and will be used to cover a portion of the salaries of existing housing planners and support staff related to the administration of the HOME Program.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from U. S. Department of Housing and Urban Development (HUD) through the HOME Program for $1,058,942 to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds to create new affordable housing ($886,008) and to provide funding to local Community Housing Development Organizations, non-profits, ($172,934) for program delivery costs for affordable housing projects.
Adopted 8-1, Kelley voted NO

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of Community Development Block Grant Program Income of $6,026.81 to the Public Investment Fund Community Development Extraordinary Expenditures account and will be used to support the development of affordable housing activities.

8. Transmitting communication from Robert W. Healy, City Manager, relative to an order authorizing the City Manager for transfer appropriations for available balances prior to the close of the books for FY09-10.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Massachusetts Department of Public Health for $4,000.00 to the Grant Fund Fire Salaries & Wages Account ($2,000) and the Other Ordinary Maintenance account ($2,000) to support participation in the Massachusetts Ambulance Task Force Mobilization Plan.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $300,000 Grant from the Massachusetts Technology Collaborative to the School Public Investment Fund Extraordinary Expenditures account and will support the incorporation of renewable energy components into the design of the new Media and Arts Building at Cambridge Rindge and Latin High school as part of the overall renovation project.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $100,000 from the Employee Benefits Salary and Wages account (Insurance) to the General Fund Police Travel and Training (Judgments & Damages) account to cover medical services and/or prescription reimbursement costs for police personnel injured in performance of their duties.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Safe and Drug Free School and Communities Act Grant from the Executive Office of Public Safety and Security through the US Department of Education for $49,000 to the Grant Fund Police Department Salary and Wages account ($13,000) and to Grant Fund Police Department Other Ordinary Maintenance account ($36,000) to support a Community Based Youth Diversion Program.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-65, regarding a report on how the City maintains and enforces the appropriate width of a sidewalk with outdoor restaurant seating for safe access.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-53, regarding a report on the status of the experimental rubber sidewalks. [The Department of Public Works expects to replace the rubber with concrete.]

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-61, regarding a report on the prevalence of Hepatitis B in Cambridge and on the feasibility of partnering with local institutions to conduct an annual HIV and Hepatitis testing day.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the acceptance and approval of the layout of portions of certain street in the North Point area of Cambridge.

June 7, 2010

To the Honorable, the City Council:

I hereby submit this request that you accept and approve the layout of portions of certain street in the North Point area of Cambridge. The portions of the streets known as North Point Boulevard, Education Street and Museum Way, as shown in the attached plans included herein, were taken for the City of Cambridge by the Commonwealth of Massachusetts in 2001 and were subsequently constructed by the Central Artery Project. The punch list work necessary to ensure the project was adequately constructed has recently been completed by the Central Artery contractor and the streets are now deemed as being satisfactorily constructed by the City. The surveys for acceptance have been reviewed and the descriptions of each street rewritten for acceptance by the Engineering Division at the Department of Public Works. The streets (the "North Point Streets") in question are as follows:

North Point Boulevard: Underside of John F. Gilmore Bridge to Cul-De- Sac at North Point Park

Education Street: Museum Way to Underside of Interstate Route 93

Museum Way: Underside of MBTA Green Line Elevated track to North Point Boulevard

I have attached for your information plans detailing the proposed layout and acceptance of the North Point Streets. Pursuant to the Municipal Code of the City of Cambridge, Section 12.16.010, which regulates the acceptance of public ways, I am attaching reports that have been received from the Public Works, Water, Traffic, Parking and Transportation, Community Development Departments, the City Engineer and the City Electrician recommending the proposed layout and acceptance of the North Point Streets. In addition, I have attached reports received from the Police, Fire, Inspectional Services and Emergency Communications Departments recommending the proposed layout and acceptance of the North Point Streets.

Therefore, based upon the above information furnished in this letter and its attachments, I hereby request that you accept and approve the layout of these portions of Museum Way, Education Street and North Point Boulevard as public ways in the City of Cambridge, pursuant to the provisions of Section 21 of Chapter 82 of the General Laws.

Very truly yours, Robert W. Healy, City Manager

City Manager Order
Agenda Item No. 16A June 7, 2010

WHEREAS: The portions of the streets known as North Point Boulevard, Education Street and Museum Way, as shown in the attached plans included herein, were taken for the City of Cambridge by the Commonwealth of Massachusetts in 2001 and were subsequently constructed by the Central Artery Project; and

WHEREAS: The relevant City has concluded that the Central Artery Project contractor has satisfactorily constructed said streets after completion of recent work; and

WHEREAS: The surveys for acceptance have been reviewed and the descriptions of each street rewritten for acceptance by the Engineering Division at the Department of Public Works; and

WHEREAS: By Section 21 of Chapter 82 of the General Laws, all as amended, it is provided that the Cambridge City Council may lay out, relocate or alter public ways, for the use of the public; and

WHEREAS: Pursuant to the Municipal Code of the City of Cambridge, Section 12.16.010, which regulates the acceptance of public ways, reports have been received from the Public Works, Water, Traffic, Parking and Transportation, and Community Development Departments, the City Engineer and the City Electrician recommending the proposal to lay out and accept portions of Museum Way, Education Street and North Point Boulevard (the "North Point Streets"). In addition, reports have also been received from the Police, Fire, Inspectional Services and Emergency Communications Departments recommending the proposed layout and acceptance of the North Point Streets; now therefore be it

ORDERED: That the City Council of the City of Cambridge pursuant to Section 21 of Chapter 82 of the General Laws hereby accepts and approves the layout of the North Point Streets as public ways; and be it further

ORDERED: That said acceptance and layout of the North Point Streets as public ways are the assembly of three parcels which are bounded and described as follows:

Description of Museum Way Acceptance

Beginning at a point within property now or formerly owned by the Commonwealth of Massachusetts, Department of Highways said point being shown as "Beginning of southeasterly line of 2001 City Layout (Museum Way)" on Massachusetts Department of Highways Layout No. 7598

thence by Layout No. 7598 N 34°13’34" E a distance of 27.01’ to a point;

thence by Massachusetts Department of Highways Layout No. 7888 N 35°17’59" E a distance of 55.66’ to a point;

thence by Layout No. 7888 N 30°50’59" E a distance of 63.99’ a point;

thence by Layout No. 7598 N 30°50’59" E a distance of 38.21’’ to a point;

thence by Layout No. 7598 N 35°03’40" E a distance of 24.44’ to a point;

thence by Layout No. 7888 N 34°57’23" E a distance of 75.92’ a point;

thence by Layout No. 7888 N 34°58’55" E a distance of 98.44’ a point;

thence by Layout No. 7598 N 34°58’34" E a distance of 189.37’ to a point;

thence by Layout No. 7598 N 55°01’26" W a distance of 5.99’ to a point;

thence by Layout No. 7598 N 62°27’47" W a distance of 53.21’ to a point;

thence by Layout No. 7598 S 34°58’34" W a distance of 110.30’ to a point;

thence by Layout No. 7598 S 30°14’51" W a distance of 27.59’ to a point;

thence by Layout No. 7598 S 34°58’34" W a distance of 219.81’ to a point;

thence by Layout No. 7598 S 34°13’34" W a distance of 209.10’ to a point;

thence by Layout No. 7598 S 55°46’26" E a distance of 61.11’ to the point of beginning.

Description of Education Street Acceptance

Beginning at a point in the southeasterly line of Museum Way said point being shown as "Beginning of 2005 Section 3 Line of City Alteration (Education Street)" on Sheet 1 of Massachusetts Department of Highways Layout No. 7888

thence by Layout No. 7888 along a curve of radius 30.00’ a distance of 47.12’ to a point;

thence by Layout No. 7888 S 54°59’39" E a distance of 122.96’ to a point;

thence by Massachusetts Department of Highways Layout No. 7598 S 55°01’26" E a distance of 16.56’ to a point;

thence by Layout No. 7598 along a curve to the left of radius 90.00’ a distance of 99.14’ to a point;

thence by Layout No. 7598 N 61°51’50" E a distance of 52.81’ to a point;

thence by Layout No. 7888 N 61°49’16" E a distance of 160.10’ to a point;

thence by Layout No. 7888 N 65°59’51" E a distance of 88.48’ to a point;

thence by Layout No. 7598 along a curve to the right of radius 10.00’ a distance of 8.87’ to a point;

thence by Layout No. 7598 N 61°23’32" E a distance of 251.81’ to a point;

thence by Layout No. 7598 along a curve to the right of radius 681.58’ a distance of 58.94’ to a point;

thence by Layout No. 7598 S 61°23’06" W a distance of 297.09’ to a point;

thence by Layout No. 7598 S 66°54’56" W a distance of 113.09’ to a point;

thence by Layout No. 7598 S 61°51’25" W a distance of 169.61’ to a point;

thence by Layout No. 7598 N 55°01’26" W a distance of 33.31’ to a point;

thence by Layout No. 7598 N 19°53’02" W a distance of 16.74’ to a point;

thence by Layout No. 7598 N 55°01’05" W a distance of 82.00’ to a point;

thence by Layout No. 7598 S 89°50’51" W a distance of 16.76’ to a point;

thence by Layout No. 7598 N 55°01’26" W a distance of 14.82’ to a point;

thence by Layout No. 7598 along a curve to the right of radius 20.00’ a distance of 31.42’ to a point;

thence by Layout No. 7888 S 34°58’55" W a distance of 98.44’ to the point of beginning.

Description of North Point Boulevard Acceptance

Beginning at a point in the westerly line of Education Street said point being shown as "Beginning of southwesterly line of 2001 City layout (North Point Blvd.)" on Sheet 3 of Massachusetts Department of Highways Layout No. 7598

thence by Layout No. 7598 along a curve to the left of radius 40.00’ a distance of 81.60’ to a point;

thence by Layout No. 7598 N 55°01’26" W a distance of 224.53’ to a point;

thence by Layout No. 7598 N 55°01’26" W a distance of 224.53’ to a point;

thence by Layout No. 7598 N 62°27’47" W a distance of 53.21’ to a point;

thence by Layout No. 7598 N 55°01’26" W a distance of 237.65’ to a point;

thence by Layout No. 7598 N 31°33’04" E a distance of 85.50’ to a point;

thence by Layout No. 7598 S 54°43’15" E a distance of 634.04’ to a point;

thence by Massachusetts Department of Highways Layout No. 7888 S 38°09’12" E a distance of 61.70’ to a point;

thence by Layout No. 7888 along a curve to the left of radius 10.00’ a distance of 9.85’ to a point;

thence by Layout No. 7888 along a curve to the right of radius 835.00’ a distance of 128.22’ to a point;

thence by Layout No. 7888 along a curve to the left of radius 30.00’ a distance of 21.81’ to a point;

thence by Layout No. 7888 along a curve to the right of radius 60.00’ a distance of 280.05’ to a point;

thence by Layout No. 7888 along a curve to the left of radius 30.00’ a distance of 24.16’ to a point;

thence by Layout No. 7888 along a curve to the left of radius 765.00’ a distance of 144.83’ to a point;

thence by Layout No. 7888 along a curve to the left of radius 10.00’ a distance of 12.19’ to a point;

thence by Layout No. 7888 N 78°17’36" W a distance of 99.88’ to the point of beginning.

17. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-48, regarding a report on the status of initial funds from Lesley University for improvements to Massachusetts Avenue.

18. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $2,600 from the Employee Benefits Salary and Wages account (Insurance) to the General Fund Electrical Travel and Training (Judgments & Damages) account to cover medical services and/or prescription reimbursement costs for electrical personnel injured in performance of their duties.

19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-73, regarding a report on whether any action is necessary by the City as it relates to affordable housing commitments at 303 Third Street as a result of the Summary Judgment by the Suffolk Superior Court.
Charter Right - Toomey

20. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Boston Properties Petition to amend the MXD District. [The Planning Board "enthusiastically" supports this zoning change which would facilitate the Broad Institute’s interest in expanding near its headquarters in Cambridge.]
Referred to Petition

CHARTER RIGHT
1. 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. City Manager Agenda Item Number Eighteen of May 24, 2010.
Tabled - Kelley

ON THE TABLE
2. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of the referral of Order Number 15 of Dec 21, 2009, regarding increasing the amount of public information about elections while the election is in progress, to the 2010-2011 City Council. [Communications and Reports from City Officers #1 of Jan 11, 2010 Placed on Table.]

3. 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. May 10, 2010 Councillor Kelley made a motion to take from the table motion failed 2-7-0 remains on Table.]

APPLICATIONS AND PETITIONS
1. Constable bond received from Hisham S. Hegazy for approval of the surety.

2. An application was received from Lewis Beauty Salon, requesting permission for a sandwich board sign in front of the premises numbered 44 Prospect Street.

3. An application was received from Crimson Corner, requesting permission for a display of merchandise in front of the premises numbered 1394 Massachusetts Avenue.

4. An application was received from M, requesting permission for a sandwich board sign in front of the premises numbered 1784 Massachusetts Avenue.

5. An application was received from Kendall Flower Shop, requesting permission for a display of merchandise in front of the premises numbered 242 Main Street.

6. An application was received from Lawrence Phillips, requesting permission for a sandwich board sign in front of the premises numbered 40 Brattle Street.

7. An application was received from Cafe of India, requesting permission for a sandwich board sign and display of merchandise in front of the premises numbered 52A Brattle Street.

8. An application was received from Jay Bacramia (Veritas Tutors), requesting permission for a sandwich board sign (blackboard) and a table in front of the premises numbered 1360 Massachusetts Avenue.

9. Revocation of a sign permit for Coca-Cola Bottling Company of New England, for the premises numbered 906 Massachusetts Avenue, issued June 28, 1982. Inspectional Services inspected property on June 1, 2010 and sign is down.

10. 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.
Tabled - Seidel

11. An application was received from Rachael Bankey, requesting permission for a display of merchandise in front of the premises numbered 1704 Massachusetts Avenue.

COMMUNICATIONS
1. A communication was received from State Representative William N. Brownsberger, transmitting thanks for sending the City Council resolution adopted May 3, 2010 concerning the need for a post-conviction DNA access law in Massachusetts.

2. A communication was received from Patricia DeFeudis, transmitting thanks for the City Council resolution on her father, Mauro adopted at the May 10th meeting.

3. A communication was received from State Representative Alice K. Wolf, transmitting thanks for forwarding a copy of the resolution order pertaining to proposed legislation: Senate Bill 1658 relating to post-conviction DNA access.

4. A communication was received from Judy A. Johnson, 55 Antrim Street, transmitting the reasons Cambridge Street needs a municipal tree ordinance and transmitting a report from Alton Cole, Consulting Arborist regarding trees on Gilmore Street.

5. A communication was received from Mark Jaquith, 213 Hurley Street, regarding the zoning petition filed by Boston Properties and violations to Article 14.

RESOLUTIONS
1. Resolution on the death of Lawrence A. Harris. Mayor Maher

2. Resolution on the death of Mildred (Horan) Leman. Mayor Maher

3. Happy 65th birthday wishes to Laura Campbell. Councillor Simmons

4. Resolution on the death of Carmela Falcucci. Councillor Toomey

5. Resolution on the death of Hans F. Loeser. Vice Mayor Davis

6. Congratulations to Jimmy Tingle on receiving his Master’s Degree in Public Administration from the Kennedy School of Government. Councillor Decker

7. Congratulations to Guerline and Esnaider Joseph on the birth of their son Schnaider Joseph on May 18, 2010. Councillor Simmons

8. Speedy recovery wishes to Houllie Moultrie. Councillor Simmons

9. Resolution on the death of Mary Mallett. Mayor Maher

10. Resolution on the death of Chester P. Dusablon. Councillor Toomey

11. Resolution on the death of Mary (Supranovich) Ribeiro. Councillor Toomey

12. Resolution on the death of Theresa F. (Marshall) Cyrus. Councillor Toomey

13. Congratulations to Jennifer Ford on being appointed the Principal of the Peabody School. Mayor Maher

14. Best wishes to the Cambridge Consumers’ Council on their upcoming event to recognize Shredding Day and declare July 31, 2010 as "Shredding Day in the City of Cambridge." Mayor Maher

15. Resolution on the death of John W. "Jack" Tennis. Mayor Maher

16. Congratulations to the Church of Latter Day Saints on the opening of their Cambridge location. Councillor Toomey

17. Resolution on the death of Denise Clinton. Mayor Maher

18. Thanks to the Cambridge Special Response Team, Cambridge SWAT and the Cambridge Fire Department for their quick actions during a domestic dispute. Councillor Toomey

19. Congratulations to Angela McKensie on receiving the Rose Lipkin Award for her service to the community during the 20th Annual Cambridge Gay Pride Breakfast. Councillor Simmons, Mayor Maher

20. Congratulations to Chris Mason on being honored for his work with the GLBT community at the 20th Annual Cambridge Gay Pride Breakfast. Councillor Simmons, Mayor Maher

21. Congratulations to Reverend Alma Lesley on being honored for her community activism at the 20th Annual Cambridge Gay Pride Breakfast. Councillor Simmons

22. Congratulations to Aviva Agote and Rob Riman on the birth of their son Rafael Elias Riman. Vice Mayor Davis

23. Congratulations to Mohan Singh on his expansion of India Pavilion. Vice Mayor Davis

24. Congratulations to Beth Rubenstein on her new position as Director of Campus Planning and Development at the University of Massachusetts at Lowell and thank her for her thirteen years to the City of Cambridge. Mayor Maher, Councillor Decker

25. Congratulations to the Special Olympics and TD Bank on their upcoming relay on June 14, 2010. Mayor Maher

26. Resolution on the death of Lisa Woisen. Mayor Maher

27. Congratulations to Joe Kay on his participation in the Berklee College of Music’s annual habitat for Humanity trip to New Orleans. Councillor Cheung

28. Congratulations to the Cambridge Rindge and Latin’s Girls Tennis team on its second consecutive berth in the MIAA tournament with a victory over Malden. Councillor Cheung

29. Congratulations to Joyce London Alexander on being honored by Massachusetts Lawyer’s Weekly as a Diversity Hero. Councillor Cheung

30. Thanks and best wishes to Kathleen White as she retires from Oona’s in Harvard Square. Councillor Cheung

31. Congratulations and best wishes to the students from CRLS and members of Fair2Say as they compete for the title of Best High School Band in New England in the First Annual High School Band Brawl at Gillette Stadium. Councillor Cheung

32. Congratulations to NSTAR and MIT on their partnership to support major energy conservation and efficiency investments on the MIT campus. Vice Mayor Davis

33. Thanks to the East Cambridge Business Association and the East Cambridge Families Group on the First Annual East Cambridge Clean Up Day. Councillor Toomey

34. Congratulations to Education First (EF) on their decision to choose Cambridge as the location to expand their North American Headquarters. Councillor Toomey, Mayor Maher, Councillor Seidel
Amended

35. Thanks and best wishes to Ben Hastil on his future endeavors. Councillor Decker

36. Thanks and best wishes to Amy Reniger on her future endeavors. Councillor Decker

37. Thanks to Leslie Sterlings for her dedicated public service and advocacy. Mayor Maher

38. Congratulations to the Cambridge Rindge and Latin Boys Volleyball Team for advancing to the 2010 MIAA Boys Volleyball North Division 1 Sectional Finals. Councillor Toomey

39. Resolution on the death of Joao Pacheco Amaral. Councillor Toomey

40. Resolution on the death of John Walsh. Councillor Toomey

41. Condolences to Yvonne Gittens on the death of her mother. Councillor Simmons

42. Resolution on the death of Roger I. Glidden Jr. Councillor Toomey

43. Congratulations to Cambridge Community Television on receiving the Overall Excellence in Public Access Programming Award in the Alliance for Community Media's Hometown Video Festival. Councillor Reeves

44. Congratulations to Michelle and Charles Lower on the birth of their son John Cahill Lower. Councillor Toomey

45. Thanks to a special person for their service to the community. Councillor Toomey

46. Congratulations to the Men of Color Health Task Force and the Men's Health Initiative on planning the annual "Hoops and Health" sports tournament. Councillor Reeves

47. Congratulations to the graduates of the inaugural graduating class of the newly established Cambridge Baby University. Councillor Reeves

ORDERS
1. That the City Manager is requested to investigate establishing a Cambridge Carbon Offset Fund to receive contributions that may be used for the purpose of reducing Cambridge greenhouse gas emissions, including the possibility of using these funds for building retrofits, planting trees, or other relevant activities. Vice Mayor Davis
Adopted - Referred to Environment Committee

2. That the City Manager is requested to provide the City Council with an update on when the traffic light at the corner of Brookline Street and Putnam Avenue will be restored and to evaluate the current site during construction and after the construction is completed. Councillor Simmons
Amended

3. That the City Manager is requested to confer with the Police Commissioner and the Director of Traffic, Parking and Transportation and request that truck restrictions be enforced on Second Street and to report back to the City Council on whether diverting truck traffic to First Street is a better option. Councillor Toomey

4. That the City Manager is requested to direct the Commissioner of Public Works to arrange to have trees planted in the tree holes and make improvements at City Parking Lot #8. Vice Mayor Davis

5. That the City Manager is requested to confer with the appropriate department heads and report back to the Cambridge City Council with the status of the Cambridge bike sharing program and with a timeline of implementation. Councillor Cheung

6. That the City Manager is requested to confer with the Community Development Department and Boston Properties to report back to the Ordinance Committee of the City Council on June 9th, 2010, on whether the ground floor retail proposed by Boston Properties would be of the size and nature suitable for a grocery store, convenience store, or small foodstuffs boutique. Councillor Cheung
Charter Right - Maher

7. That the City Manager is requested to provide an update on the City’s tree inventory and establishment of a "volunteer corps" of citizens interested in helping maintain and update the City’s tree inventory. Councillor Seidel
Adopted - Referred to Environment Committee

8. That this City Council go on record honoring San Jose Las Flores on the occasion of its 24th anniversary, and support the presence of the Sister City/City Links Youth Delegation traveling to San Jose Las Flores to celebrate the June 20th anniversary. Councillor Decker

9. That the City Manager is requested to compile a comprehensive list of projects being undertaken by City departments, Harvard and Lesley Universities and any other organizations along the section of Massachusetts Avenue between Harvard and Porter Squares. Councillor Seidel

10. That the City Manager is requested to explore the possibility of erecting some form of barrier to prevent balls from going under the stands from the field of play at Russell Field. Councillor Seidel

11. That the City Manager is requested to report back to the City Council on the rationale of making Paine Park a dual-use park for children and for dogs. Councillor Seidel

12. That the City Manager is requested to provide an update as to the status of the tents currently set up in Flagstaff Park, including the number of such structures allowed on the site, who is residing in them, and the length of time these structures are allowed to remain on the site. Councillor Seidel

13. That the City Manager is requested to report back to the City Council on the feasibility of extending the Hybrid Cab program to include funding for the "hybridization" of cabs, as well as continuing to provide assistance to those taxi drivers who want to purchase new hybrid vehicles. Councillor Cheung
Amended

14. That the City Manager is requested to confer with the proper departments to inspect the wires on Windsor and Seckel Streets to be sure that they are installed correctly and to report back to the City Council on this matter. Councillor Toomey

15. That the City Manager is requested to confer with the Assistant City Manager for Community Development to provide the City Council with an evaluation of the alternate potential housing sites as to whether they present adequate and reasonable alternatives to the currently permitted site for the development of housing in the MXD district. Vice Mayor Davis

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Neighborhood and Long Term Planning Committee, for a meeting held on May 19, 2010 to discuss adding more bike racks to Harvard Square.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on May 11, 2010 to consider proposed amendments to the Zoning Map and Zoning Ordinance in Article 14 Mixed Use Development Cambridge Center to create a "Smart Growth Underutilized Area" in the vicinity of Broadway, Main and Ames Streets and the site of the West parking garage on Ames Street.

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a meeting held on May 20, 2010 to discuss the Cambridge Energy Alliance, NSTAR Energy Efficiency Plan and the Property Assessed Clean Energy Program (PACE).

HEARING SCHEDULE
Mon, June 7
10:00am The Economic Development, Training and Employment Committee will conduct a public meeting to receive a report from Boston Consulting Group on leadership and business strategies to optimize the future of Kendall Square. (Ackermann Room)
5:30pm City Council Meeting (Sullivan Chamber)

Wed, June 9
5:00pm   The Ordinance Committee will conduct a public meeting to continue discussion of a petition by the City Council to amend the Zoning Ordinance in accord with the recommendations of the Green Building Zoning Task Force to encourage energy efficient building standards in Cambridge. (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public meeting to continue discussion of a proposed amendment to Section 5.28.2 of the Zoning Ordinance to expand the applicability of Section 5.28 Conversion of Non Residential Structures to Residential Use to include structures that may have been built for residential use but have been in Institutional Use for at least ten years. (Sullivan Chamber)
6:00pm   The Ordinance Committee will conduct a public meeting to continue discussion of a petition filed by Boston Properties to amend the Zoning Ordinance in the MXD Zoning District in the vicinity of Broadway, Main and Ames Streets and the site of the West parking garage on Ames Street. (Sullivan Chamber)

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

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

Wed, June 16
5:30pm The Environment Committee will conduct a public meeting to discuss community gardens, Agricultural Fair and other updates. (Sullivan Chamber)

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

Tues, June 22
5:00pm The Economic Development, Training and Employment Committee will conduct a public meeting to discuss buying local. (Sullivan Chamber)

Wed, June 23
5:30pm The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the digital divide. (Sullivan Chamber)

Thurs, June 24
10:00am The Public Safety Committee will conduct a public meeting to continue discussion on plans to prevent violence in the city in the summer. (First Floor Community Room, Healy Public Safety Facility, 125 Sixth Street)

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

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

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

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

Mon, Sept 13
5:30pm City Council Meeting (Sullivan Chamber)

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

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

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

TEXT OF ORDERS
O-1 June 7, 2010
VICE MAYOR DAVIS
WHEREAS: Many individuals, companies and institutions wish to offset their carbon use (such as that generated by air travel) by contributing to worthwhile local environmental causes; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate establishing a Cambridge Carbon Offset Fund to receive contributions that may be used for the purpose of reducing Cambridge greenhouse gas emissions, including the possibility of using these funds for building retrofits, planting trees, or other relevant activities; 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-2 June 7, 2010 Amended
COUNCILLOR SIMMONS
WHEREAS: The traffic light at the corner of Brookline Street and Putnam Avenue was removed as part of the Brookline Street Reconstruction Project; and
WHEREAS: The absence of this traffic light has resulted in excessive speeding on Brookline Street; and
WHEREAS: One of the goals of the Brookline Street Reconstruction Project was to force motorists to reduce their speed when driving down Brookline Street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an update on when the traffic light at the corner of Brookline Street and Putnam Avenue will be restored; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the appropriate department to evaluate the current site during construction and after the construction is completed.

O-3 June 7, 2010
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner and the Director of Traffic, Parking and Transportation and request that truck restrictions be enforced on Second Street and to report back to the City Council on whether diverting truck traffic to First Street is a better option.

O-4 June 7, 2010
VICE MAYOR DAVIS
WHEREAS: Parking Lot #8 in Central Square is very bleak and could benefit from having a few trees to provide shade and improve its appearance; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Commissioner of Public Works to arrange to have trees planted in the tree holes and make improvements at City Parking Lot #8; 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-5 June 7, 2010
COUNCILLOR CHEUNG
WHEREAS: Bicycles are a critical part of a cleaner, greener future in American transportation; and
WHEREAS: Motor vehicle emissions represent 31 percent of total carbon dioxide, 81 percent of carbon monoxide, and 49 percent of nitrogen oxides released in the U.S.; and
WHEREAS: A Rodale Press survey found that Americans want to have the opportunity to bike instead of driving, with 40 percent of those surveyed saying they would commute by bike if safe facilities were available; and
WHEREAS: It has come to the attention of the Cambridge City Council that the Boston bike sharing program that was suppose to begin in May 2010 has been postponed due to contractual issues with BIXI; and
WHEREAS: This program was supposed to eventually expand to Cambridge but now the future of said program is uncertain; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate department heads and report back to the Cambridge City Council with the status of the Cambridge bike sharing program and with a timeline of implementation.

O-6 June 7, 2010 Charter Right - Maher
COUNCILLOR CHEUNG
WHEREAS: Before the Ordinance Committee of the City Council is a petition submitted by Boston Properties for a change in the Cambridge Zoning Ordinance that would allow them to enlarge the previously agreed upon size of a commercial building they are currently developing, at a site which was previously proposed for housing; and
WHEREAS: During the June 1st, 2010 Planning Board hearing on the proposed change to the zoning ordinance, several concerns raised by the public were described by members of the Board as ‘Policy Issues’ for the Council to take up; and
WHEREAS: In the past, the City has asked developers who petition to amend the zoning ordinance to provide concessions to the city; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor and the Community Development Department and report back to the Ordinance Committee of the City Council on June 9th, 2010, with:
* a draft amendment to the zoning petition which would accomplish the goals of Boston Properties, but also require Boston Properties to build housing in the vicinity, in the quantity originally proposed for the location in question; and
* a draft amendment to the zoning petition which would require a non-binding review of the Broad expansion at the Planning Board at the appropriate juncture; and
* a draft letter of agreement which can be set forth as a proposal to the landlord and anticipated tenant, designating a portion of the building to hosting an ‘incubator’ of low-cost lab space for upstart local entrepreneurs to work from, and setting aside an investment in public art at the location; and be it further
ORDERED: That the City Manager be and is hereby requested to confer with the Community Development Department and Boston Properties and to report back to the Ordinance Committee of the City Council on June 9th, 2010, on whether the ground floor retail proposed by Boston Properties would be of the size and nature suitable for a grocery store, convenience store, or small foodstuffs boutique.

O-7 June 7, 2010
COUNCILLOR SEIDEL
WHEREAS: The Urban Forestry Division of the Department of Public Works (DPW) has been engaged in a tree inventory in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide an update on the City’s tree inventory; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the DPW on establishing a "volunteer corps" of citizens interested in helping maintain and update the City’s tree inventory at regular intervals under the direction of the City’s arborist; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Council on these matters.

O-8 June 7, 2010
COUNCILLOR DECKER
WHEREAS: For much of the 1980's El Salvador was ravaged by a war funded by the United States and waged against poor farmers, labor organizers, priests and nuns, students, women, teachers and all who sought human rights and equity; and
WHEREAS: One of the centers for this courageous organizing was the rural department of Chalatenango and the town of San Jose Las Flores; and
WHEREAS: As a result of military incursions and bombings to carry out a policy of depopulation, residents of the area were subject to forced evacuations and conditions of life which included the burning of crops, destruction of homes and deaths of many family members; and
WHEREAS: In 1983 the Salvadoran Armed Forces destroyed San José Las Flores forcing the community's survivors to seek refuge in the hills or in refugee camps and in a camp for displaced people outside San Salvador; and
WHEREAS: In June 1986, with the support of international solidarity and church support, 120 former residents of San José Las Flores challenged the government's depopulation strategy by leaving the camp for displaced people and returning to repopulate their village, their "land of origin"; and
WHEREAS: The newly repopulated community with the leadership of the directiva set about to rebuild homes, community buildings and the church, plant crops, foster literacy through popular education, provide basic health care through health promoters and try to ensure its safety against further attacks on its citizens all in the context of military maneuvers and isolation from the rest of the country; and
WHEREAS: The residents of San Jose Las Flores (through the organizations of the church, international solidarity and CRIPDES) reached out to the city of Cambridge to support its renewed existence with the hope that international attention might offer protection from on-going military violence (which it did, when three months after the repopulation, the Army "captured" eleven members of the community and pressure from Cambridge, in the form of telephone calls and telegrams to the Salvadoran President and a delegation, comprised mostly of lawyers, secured their release); and
WHEREAS: This relationship of a sister city between Cambridge and San Jose Las Flores, was formalized in March of 1987 to offer protection, material aid and solidarity with a concerned municipal government and community; and
WHEREAS: With the end of the war in 1992, the tasks of San Jose Las Flores turned to securing land ownership, building an infrastructure of roads, communication and basic sanitation, developing education and health, creating the means of sustainable livelihood and tackling the new challenges facing the country as a whole of unequal distribution of land, violence, diminished political/electoral access, educational inequities, and the rise of sweat shops and free trade policies which threaten agricultural life and Salvadoran self-sufficiency; and
WHEREAS: Cambridge has continued its sistering in these years through organizing delegations of teachers, students, health promoters, city officials, clergy; offering technical and material support; sponsoring resolutions to address relevant political concerns, with the participation of the Cambridge Salvadoran community and has received the inspiration and modeling of the people of San Jose Las Flores including education and materials which have made their way into Cambridge classrooms and are the origin of Cambridge curricula about Central America and peacemaking; and
WHEREAS: In the 24 years of its existence as an organized, conscious community, San Jose Las Flores has achieved many successes including collective access to ownership of land and houses of the community, the creation of a series of cooperatives (cattle, weaving, sewing, dairy, baking. tourism, agriculture), a fully operative health clinic which provides both preventative and intervention care to every member of the community and the surrounding areas, an educational system K-12 with fully accredited teachers, a thriving church community with a convent and lay leadership and the continued commitment to a consciousness of communal well-being for all peoples; and
WHEREAS: San Jose Las Flores is a beacon of self-determination and the power of organizing for neighboring communities and the country; now therefore be it
ORDERED: That this City Council go on record honoring San Jose Las Flores on the occasion of its 24th anniversary, and support the presence of the Sister City/City Links Youth Delegation traveling to Las Flores to celebrate the June 20th anniversary; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the June 2010 delegates to El Salvador on behalf of the entire City Council.

O-9 June 7, 2010
COUNCILLOR SEIDEL
WHEREAS: The Neighborhood and Long Term Planning Committee met on June 2, 2010 to discuss the corridor on Massachusetts Avenue between Harvard and Porter Squares; and
WHEREAS: At this meeting City departments enumerated a list of projects along this corridor; now therefore be it
ORDERED: That the City Manager be and hereby is requested to compile a comprehensive list of projects being undertaken by City departments, Harvard and Lesley Universities and any other organizations along the section of Massachusetts Avenue between Harvard and Porter Squares; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with this list.

O-10 June 7, 2010
COUNCILLOR SEIDEL
WHEREAS: Russell Field is used for soccer, but is designed for football; and
WHEREAS: Soccer balls sometimes go under the stands during practice and at games, forcing children to retrieve them in small and often unsafe spaces; now therefore be it
ORDERED: That the City Manager be and hereby is requested to explore the possibility of erecting some form of barrier to prevent balls from going under the stands from the field of play at Russell Field.

O-11 June 7, 2010
COUNCILLOR SEIDEL
WHEREAS: Paine Park is open space enjoyed by many residents in Mid-Cambridge; and
WHEREAS: The neighborhood also includes many dog owners who are looking for open space to enjoy with their pets; and
WHEREAS: It is important to establish clear guidelines about use of such park spaces so that all may enjoy without risk to health or sense of safety; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the rationale of making Paine Park a dual-use park for children and for dogs; and be it further
ORDERED: That the City Manager be and hereby is requested to ensure that appropriate signage is in place to convey current regulations regarding usage of the park by both people and by dogs.

O-12 June 7, 2010
COUNCILLOR SEIDEL
WHEREAS: In recent months a number of temporary housing structures, namely tents, have been set up in Flagstaff Park; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding the ownership and oversight of the parcel of land upon which Flagstaff Park is located; and be it further
ORDERED: That the City Manager be and hereby is requested to provide an update as to the status of the tents currently set up in Flagstaff Park, including the number of such structures allowed on the site, who is residing in them, and the length of time these structures are allowed to remain on the site.

O-13 June 7, 2010 Amended
COUNCILLOR CHEUNG
WHEREAS: In 2007, the City Manager authorized the creation of a fund to support the Hybrid Cab program; and
WHEREAS: Currently this fund only provides funding to those cab drivers wanting to buy new hybrid vehicles; and
WHEREAS: It is cheaper to convert a standard vehicle into a hybrid than it is to purchase a brand new one; now therefore be it
ORDERED: That the City Manager be and is hereby requested to confer with the appropriate department heads and report back to the City Council with answers to the following questions:
* 1) How much, if any is left in said fund and where is the revenue coming from?
* 2) Has this fund been successful and what are its shortcoming?; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the feasibility of extending the Hybrid Cab program to include funding for the "hybridization" of cabs if they are in good condition, as well as continuing to provide assistance to those taxi drivers who want to purchase new hybrid vehicles.

O-14 June 7, 2010
COUNCILLOR TOOMEY
WHEREAS: Residents have expressed concern about the height of wires running along Windsor and Seckel Streets; and
WHEREAS: These streets have already had one major incident because wires were not at a proper height and residents are concerned that a repeat accident will occur; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the proper departments to inspect the wires on Windsor and Seckel Streets to be sure that they are installed correctly and to report back to the City Council on this matter.

O-15 June 7, 2010
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the City Council with an evaluation of the alternate potential housing sites as to whether they present adequate and reasonable alternatives to the currently permitted site for the development of housing in the MXD district.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Neighborhood and Long Term Planning Committee held a public meeting on Wed, May 19, 2010 at three o’clock and five minutes P.M. in the Sullivan Chamber.

The purpose of the meeting was to discuss adding more bike racks to Harvard Square.

Present at the meeting were Councillor Sam Seidel, Chair of the Committee; Councillor Leland Cheung; Sue Clippinger, Director, Traffic, Parking and Transportation; Jeff Rosenblum and Bill Deignan, Environmental Traffic Planners, Community Development Department (CDD); and Deputy City Clerk Donna P. Lopez.

Also present at the meeting were Denise Jillson, Executive Director, Harvard Square Business Association (HSBA); Kris Locke, Transportation Services; and Dennis Swinford, Senior Planner, Harvard University.

Councillor Seidel opened the meeting and stated the purpose. Cycling, he said, is a good way to get into Harvard Square and more bikes than cars can park in Harvard Square. He asked for background on bike usage and parking in the Harvard Square area.

Jeff Rosenblum informed the committee that biking has doubled since 2002 in Cambridge and there is a need for twice as many parking spaces. An Assessment Study will be done by CDD. This will look at where demand is not being met. Recommendations will be forthcoming. The most compact bike racks are the post and ring bike racks. There are locations where there are a lot of bike racks that are not being used. Bike racks located in front of businesses are being over utilized.

Councillor Seidel asked what the need for bike parking in Harvard Square is.

Ms. Jillson stated that this in an on-going issue for the HSBA. Businesses are interested in adding more bike racks. Many bikes are parked on the Winthrop Park railing. The Charles Hotel has a protected area for parking bikes. There is an option to look into adding bike racks on private property. Ms. Locke added that around the MAC bikes are locked to the railing. The covered bike racks at Holyoke Center are used a lot. Harvard University has requested bikers to register their bikes with the Harvard Police. There is also an increased use in scooter parking in bike racks. The exhaust from scooters is a problem. She asked if there are any plans for a bike share program.

Councillor Seidel asked about the relations to bikes and the retail environment in Harvard Square.

Ms. Jillson responded that people love to come to Harvard Square. More people come to Harvard Square on bikes. Safety is an issue especially on Massachusetts Avenue. She would like to see more policing for safety issues. She liked the bike share idea. In Copenhagen, she stated, the state purchases the bikes which are shared. The HSBA wants more bike racks.

Councillor Seidel stated that the Metropolitan Area Planning Council (MAPC) has funding to cover the cost of bike racks. The city installs the racks. He asked about bike parking and the vision for Harvard Square over the next 10-15 years.

Mr. Rosenblum spoke about the issue of a trade off of space for pedestrians, outside furniture, street cafes and bikes. This is a balancing process. It is not as simple as installing bike racks were needed.

Mr. Swinford asked if there is a break-down of short and long term bike users. Bikers who bike to work would walk further to park their bike if there was a covered parking area for bikes. Ms. Clippinger commented that it is hard to determine the need. The volume of bike usage was not anticipated three years ago. There is more biking done in the summer. However people are biking in the winter and these needs are growing rapidly. This fact needs to be included in the planning process. More bikes than cars parking in Harvard Square.

Councillor Seidel asked if the short versus long term use has been analyzed. Mr. Rosenblum responded in the negative. No analysis is needed to know that the city needs to increase bike racks.

Councillor Cheung suggested that parking signs be installed to indicate location of bike parking. He asked about the bike share agreement in Boston. Mr. Deignan stated that the Boston bike share agreement has contractual issues. Cambridge is on hold for now for bike share program.

Councillor Seidel asked what the next step is for CDD regarding the increase in bike racks in Harvard Square. Mr. Rosenblum stated that a portion of stimulus money received by Cambridge will be used in Harvard Square. Demand and space issues will be reviewed. Businesses will be contacted before anything is installed. Ms. Jillson stated that if the location of a proposed bike rack is known the HSBA will notify the business. Mr. Rosenblum stated this would be great collaboration. He suggested that Harvard, MIT, HSBA meet with CDD to look at where bike racks could be installed on private property. Ms. Jillson asked if underutilized racks could be moved. Mr. Rosenblum responded in the affirmative; however it is more costly to remove a bike rack.

A discussion ensued about removing street parking to install bike racks. Curb extensions in the vicinity of crosswalk areas are being considered to reduce parking spaces on the street for the installation of bike racks. Ms. Jillson suggested establishing a symbol for bike parking and putting it on the HSBA web site. Ms. Clippinger stated that the problem is not the symbol but what you are pointing commuters to. Ms. Clippinger informed the committee that there is a map of the bike parking sites. It is more dispersed than car parking. She asked if there are any other market ideas used to market bike racks.

Ms. Jillson also suggested "clustering" bike parking. Mr. Deignan stated that clustering has not been considered because the areas are gathering places. Ms. Jillson stated that the Eliot Triangle, l Brattle Square, Winthrop Street, the back side of Holyoke Street, Sheldon Cohen Island and the Out of Town area are all good areas for bike racks. Many business owners are bike users and they want to park in front of their businesses.

Councillor Seidel stated that one bike parking space could generate an article about what Cambridge is doing for bike parking. Councillor Cheung asked if there is any design on multiple use bike racks that could be purchased off the self. Mr. Deignan stated he did not know. Ms. Locke stated that parking a bike on a bench could impede a pedestrian. There are a lot of issues with bike parking stated Mr. Deignan.

Councillor Seidel asked that the MAPC funding for bike racks be explained. Mr. Rosenblum stated that three years ago MAPC developed a Request for Proposal. Three vendors were selected and funding secured. Racks were installed by Cambridge. Cambridge was reimbursed by MAPC for the cost of the bike racks. Cambridge has received funding from the energy block grants for the installation of the racks.

Ms. Jillson stated that HSBA is ready for the city to install bike racks now. How do we proceed? Mr. Rosenblum explained the process as follows:
Public Works project planning dialogue;
Facilitation with businesses for the installation of bike racks on private property
Identify the locations in Harvard Square
Communicate with the business owners.

Ms. Jillson stated that she knows it is all process; however the HSBA is available and will assist the city in this endeavor.

Councillor Seidel asked what the next point of communication on this issue is.

Ms. Jillson will coordinate with Mr. Rosenblum. She suggested a walk around Harvard Square to identify potential site for bike racks.

Councillor Seidel thanked those present for their attendance.

The meeting adjourned at four o’clock and twenty-two minutes PM

For the Committee,
Councillor Sam Seidel, Chair

Committee Report #2
The Ordinance Committee held a public hearing on Tues, May 11, 2010 beginning at 5:10pm in the Sullivan Chamber. The purpose of the hearing was to consider proposed amendments to the Zoning Map and Zoning Ordinance in Article 14 Mixed Use Development Cambridge Center to create a "Smart Growth Underutilized Area" in the vicinity of Broadway, Main and Ames Streets and the site of the West parking garage on Ames Street. The proposal would further amend the ordinance in Section 14.32 to increase the aggregate Gross Floor Area to 3,073,000 sq. ft., providing that a development in excess of 2,773,000 could only occur in the so called "Smart Growth Underutilized Area". In addition, Section 14.32.2 would increase the cumulative office uses and biotech manufacturing uses permitted by Section 14.21.2 to 1,605,000 sq. ft. The proposal also exempts certain GFA in the "Smart Growth Underutilized Area" for the purpose of calculating the aggregate GFA within the district and provides a formula for allocation of allowable GFA, and, in an amendment to Section 14.44.3, allows a lot directly across a private way from the development lot to be counted towards satisfaction of the lot minimum open space requirements (Attachment A).

Present at the hearing were Councillor Sam Seidel, Co-Chair of the Committee; Councillor Leland Cheung; Vice Mayor Henrietta Davis; Councillor Craig Kelley; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD); Stuart Dash, Director of Community and Neighborhood Planning (CDD); Roger Boothe, Director of Design; Nancy Glowa, Deputy City Solicitor; and Joseph Tulimieri, Executive Director of the Cambridge Redevelopment Authority.

Councillor Seidel convened the hearing and explained the purpose. He invited the petitioners to describe the proposal. Attorney James Rafferty, Adams and Rafferty, Bishop Allen Drive, began the presentation on behalf of Boston Properties. He introduced his clients, Michael Cantalupa, Senior Vice President and Madeleine Timin, Senior Vice President. Attorney Rafferty said that his clients have been the developer of Cambridge Center, in accord with a master plan for 2.9 million square feet of mixed use development, of which 2.6 million square feet have been completed.

An opportunity has arisen for development of the site in question. The Broad Institute, an existing life sciences tenant of the Cambridge Center would like to expand. There is a spot for another building in this area. The Broad is immediately adjacent to the area, which is currently a surface parking lot. The proposal would allow up to an additional 300,000 sq. ft. of commercial development. They had planned to use this spot for residential development, and the Planning Board has approved a special permit for 200,000 square feet of residential development but in the current development environment, using this site for expansion for an existing life sciences tenant would be a better fit.

Vice Mayor Davis asked where the term "smart growth" comes from. Mr. Rafferty replied that this is a characterization applied by the petitioners. Vice Mayor Davis suggested that the term is somewhat patronizing. Attorney Rafferty said perhaps it is somewhat self-serving, but he could assure her that there was no attempt to be patronizing in this choice of language. Vice Mayor Davis said that the building heights in this area are the highest in Cambridge and asked about the proposed building height. Mr. Rafferty said that the height would match the current heights. The height limit of the district is 230 feet.

Councillor Seidel then invited CDD staff to assist in answering questions and invited Mr. Boothe to comment on the term "smart growth." Mr. Boothe said that "smart growth" is actually a definition term in a state program that is not relevant to this petition, so "smart growth" is probably not the best descriptor for this petition. He said that CDD totally supports the expansion of the Broad Institute. At the same time, there has been a longstanding desire for housing in this district. CDD’s question is where would the housing go. The MXD district is the only actual urban renewal district in the city. The CRA has done a very good job in developing mixed uses connection to the transit system. There is beginning to be housing around the area. The one problem is that there is no housing within the MXD site.

Councillor Seidel asked about the building heights. Mr. Boothe replied that this is generally a 200 ft. height district. Because the heights are a pattern in the district there are not the issues of shadows or other height concerns relative to transitional and abutting areas.

Councillor Cheung said that members of the City Council are all very aware of the value that the Broad brings to Cambridge. He states that he is concerned about whether the developers have had enough conversation with CDD staff. He added that he is also concerned about adding to the urban canyon and that he would like to know where the housing is going to go if it is not going to go on the parking lot area. Attorney Rafferty said that these are all valid questions and they are addressed in the language in the zoning ordinance for the MXD district. The bigger questions go to the permitting process. Mr. Rafferty added they have had several conversations with CDD. CDD staff has asked the developers to identify other possible housing sites. The Planning Board has granted and extended a special permit for housing in the MXD district.

Vice Mayor Davis said that the City is very anxious to accommodate the Broad. The City Council also has a goal to animate the area and to include housing in the area. She would like to see more on how this area can be made a more livable place. She asked whether the 200,000 square feet currently allotted for housing would still be permitted if the proposed amendments in this petition are ordained. Attorney Rafferty answered in the affirmative.

Councillor Kelley said that to him this is not smart growth. He would like to see more. Smart growth would be growth without more cars. Councillor Cheung said that he agrees with Councillor Kelley that more could be done.

Vice Mayor Davis added that there are new ways of thinking about growth in the city. One big issue is energy; for example, net zero energy and the stretch energy code. She urged the petitioners to consider techniques to minimize energy and ratchet down total energy use to 35% of average. Particularly as we contemplate large buildings we need to try for as little energy impact as possible.

Councillor Seidel asked for more information about housing proposals. Mr. Cantalupa said that there are three possible locations for the 200,000 square feet of housing. One location is across Ames Street fronting the East garage. The second and third respectively would sit on top of East garage and take down the Coop and build it up again with housing sitting on top of the existing building.

Councillor Seidel asked how these ideas are related to the current proposal. Attorney Rafferty said that nothing in this petition is directly related to the possible housing sites, but it is important to note that the thinking is to keep the opportunity for housing in place while using the area currently permitted for housing for a new building for the Broad.

Vice Mayor Davis submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the City Council with an evaluation of the alternate potential housing sites as to whether they present adequate and reasonable alternatives to the currently permitted site for the development of housing in the MXD district.

Councillor Kelley said that he would like to see something really new for housing in this district, housing that doesn’t permit the residents to have cars, a different square footage for the housing, exciting new energy saving designs. It would be a failure to just tack on more of the same.

Councillor Toomey asked whether there was a due date by which the housing must be built and Attorney Rafferty replied that there is not. The special permit does have limits, but they can be extended.

At this time Councillor Seidel invited public comment.

Joseph Tulimieri, Executive Director of the Cambridge Redevelopment Authority, assured the committee that they will be working to ensure that the City Councillors have the answers to the questions that they have posed.

Denise Heinlze, Kendall Square, stated that she remembers when the first housing proposal was discussed. She does not understand why any housing is required in this pleasant business district. She also questioned why the Broad Institute, which should have planned for its needs in the first building, is making what sounds like a veiled threat to leave if it cannot expand.

Charles Marquardt, 10 Rogers Street, stated that he lives right outside the MXD district. There is nothing wrong with big buildings. He is concerned about setting a precedents of saying it is okay for the developer to take the position that they will just do the housing later. If they are not going to build housing, let’s just say so. He added that he agrees with trying not to have more cars and encouraging people to come to work without cars.

Councillor Cheung said that he wants to do what they can to keep the Broad in Cambridge, but he would like to see something more than just another big building.

Vice Mayor Davis moved that the petition remain in committee. The motion passed without objection.

Councillor Seidel and Councillor Toomey thanked those persons present for their participation. The meeting was adjourned at 6:15pm.

For the Committee,
Councillor Sam Seidel, Co-Chair
Councillor Timothy J. Toomey, Jr., Co-Chair

Committee Report #3
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on Thurs, May 20, 2010 at five o’clock and thirty-two minutes PM in the Sullivan Chamber.

The purpose of the meeting was to discuss the Cambridge Energy Alliance, NSTAR Energy Efficiency Plan and the Property Assessed Clean Energy Program (PACE).

Present at the meeting were Vice Mayor Henrietta Davis, Chair of the Committee; Councillor Leland Cheung; Councillor Timothy J. Toomey; Councillor Sam Seidel; City Electrician George Fernandes; Susanne Rasmussen, Director, Environment and Transportation Planning, Community Development Department (CDD); John Bolduc, Environmental Project Planner, CDD; Rosalie Anders, Project Administrator, CDD; Penny Peters; and Deputy City Clerk Donna P. Lopez.

Also present were Tina Miller, Cambridge Housing Authority; Minka vanBeuzekom, Cambridge Energy Alliance Group (CEAG); Joanna Herlihy, CEAG; Audrey Schulman, Home Energy Efficiency Teams (HEET); Bill Zamparelli, NSTAR Community Relations; Charles Olsson, Manager, NSTAR Residential Energy Efficiency Program; Frank Gundal, Manager NSTAR Commercial Energy Efficiency Program; Tracy McDevitt, Account Executive, NSTAR; Lilah Glick, Community Outreach Manager; and Garrett Anderson, Director, Efficiency Projects and Energy Advisor, Cambridge Energy Alliance (CEA); Rob Pratt, President, Cambridge Energy Alliance; Robin E. Finnegan, 31 Hubbard Avenue; and Decia Goodwin, 175 Chestnut Street.

Vice Mayor Davis convened the meeting and explained the purpose. She asked Ms. Rasmussen to give an overview of the work of the city.

In 2007 Cambridge joined with the Kendall Foundation to establish the Cambridge Energy Alliance, a non-profit organization that helps residents and business to use and save energy efficiently in homes and businesses. Reducing greenhouse gas emissions is a goal of the City Council. CEA works with NSTAR and takes advantage of its benefits and rebates. This includes doing energy assessments and providing information so participants can follow through with making their homes more energy efficient. Energy Efficiency Conservation Block Grant money was used for CEA. Ms. Rasmussen hopes the partnership among CEA, NSTAR and the city continues.

Vice Mayor Davis asked for an overview of the Cambridge Energy Alliance.

Rob Pratt, stated that the CEA was established to find ways to get utility programs to be more energy efficient. He stated that 70-80% of greenhouse gas emissions come from buildings and they wanted a way to move forward faster to make Cambridge buildings energy efficient. CEA has advised other cities in the US, Mumbai, India and the Department of Energy. Moving forward we need to apply lessons learned.

Lilah Glick, Community Outreach Director of CEA, stated that Cambridge is unique. Cambridge contains 45,000 building units. There are 10,000 buildings containing 1-4 units. Seventy-eight percent of the housing stock are rental units. Cambridge has a large number of non-profits and has a supportive city government. Funding for energy efficiency was proposed in 2008 but the investment did not come to fruition due to a financial downturn. Ms. Glick spoke of the barriers to energy efficiency specific to Cambridge. Incentives are split between landlords and renters. Without the participation of landlords bigger investments will not occur. The volatility of energy cost is an issue. Another barrier is the length of time from the assessment to a decision to make changes. She noted that Cambridge adopted the stretch energy code. The Property Assessed Clean Energy Program legislation requires adoption at the state level before the city can use it. She spoke about the importance of getting the word out to the public about CEA. Saving money is an incentive to bring people into the program. People prefer money in their hand rather than loans. There are 20-30 small commercial property audits done monthly.

Garrett Anderson, Energy Advisor, CEA, spoke about the importance of outreach. The building portfolio should be broken down to see who might be likely to participate in the program. A door-to-door campaign reached 4,000. There was a high rate of interest for the Mass Save Program. CFLs were given to people. On-line outreach is done to make information available. Tips and low cost ideas were provided to the high number of renters in the city. CEA is working with the Cambridge Health Alliance to develop an energy plan. This is a long term process.

Vice Mayor Davis stated that the School Department will be hiring a Sustainability Officer to look at their twelve buildings. The committee then heard from NSTAR representatives.

Mr. Olsson spoke about the Green Communities Act. A plan was filed by NSTAR and approved on Jan 29, 2010. His budget has increased by 85%. It is important to take the partnership between NSTAR and the city to a different level. When the CEA was established in 2007 NSTAR supported CEA. However the relationship between the parties split, but now the parties realize that they have to work together. Landlords, he said, are a big barrier. The city contains a large amount of multi-family housing. There is talk about creating a landlord program to develop incentives. The biggest bill for tenants is for heat and hot water. After insulation is installed the next piece of equipment to be replaced is the heating system. Currently the energy system package is being redesigned by NSTAR to be more approachable. A good story needs to be presented to landlords and tenants to encourage participation. Lead abatement is also a barrier. NSTAR heat loans are a good tool to encourage landlords to participate with a 0% interest rate. NSTAR’s goal is to do 9,000 electric audits and 2,000 gas audits in their territory. Free air sealing is being offered by NSTAR in 2010. He stated that the Mass Save web site was launched this year and consolidates six different sites. If a zip code is entered in the site the rebate eligibility information comes up. Old refrigerators are the most inefficient appliance. In April 2010 NSTAR created the secondary refrigerator program. Consumers are given $50.00 and NSTAR will pick up the refrigerator.

Mr. Gundal stated that 75% of electricity is being used by 1500 customers. Small businesses cannot weather the economic recession and NSTAR works with these businesses. The large customers are the biggest challenge. Harvard and MIT are the top energy users in his territory. He spoke about developing an energy efficiency maintenance program and developing partnerships. He stated that 10% efficiency is easy, but CEO’s do not realize how to look at the return on the investment in energy efficiency. Help is needed on the financial side.

Vice Mayor Davis spoke about the Cambridge Green Sense Program that the city employees help make successful. The campaign engaged city employee volunteers as "energy ambassadors" and printed flyers to encourage energy conservation. This program easily reduced energy consumption by 5%. This story should be told. Vice Mayor Davis invited comments or questions from her colleagues.

Councillor Seidel stated that he had an audit done but was not motivated to make the necessary changes. He stated that the cash for clunkers program was a success. Mr. Olsson stated that the utility companies are working behind the scenes on a second rebate appliance program.

Vice Mayor Davis stated that her motivation is green house gas emissions reduction and she wants the focus to be on large buildings. The entire building stock needs to be assessed. Mr. Gundal stated that it is an NSTAR goal to push incentives for municipal buildings. The barrier is the procurement and bidding process for direct installers to implement projects for municipal customers.

Vice Mayor Davis spoke about the low rate on audit follow ups. NSTAR, she said, spent money and hours to do the audits. Audits and assessments need to be reviewed to make sure that resources are being spent wisely. Information about NSTAR audits was being provided to CEA but has stopped. She suggested that all audit assessors provide the audit information to CEA.

Audrey Schulman, HEET, stated that there is a 95% follow through with HEET. She asked NSTAR to work with HEET. Mr. Olsson expressed his concerns including duplication of effort. Vice Mayor Davis stated that HEET did work at her home and as a result caused her to do more. Audits take a multi-year plan to complete the work. Ms. Schulman stated that NSTAR can take the credit for the CFLs; HEET wants to help with energy efficiency. She would like NSTAR to come to HEET events.

Decia Goodwin asked how one finds out who their account executive is. Mr. Gundal stated that small and medium customers use the NSTAR call center. Only large customers have an account executive. Mr. Olsson stated that multi-family buildings are a priority for NSTAR; the program is going through a redesign.

Vice Mayor Davis asked NSTAR to come to another meeting to discuss assistance to multi-family buildings. Ms. Glick stated that there are 10,000 1-4 unit housing and low-income housing in the city.

At this time Vice Mayor Davis read an e-mail received from L. R. Dankerlin (ATTACHMENT A).

At this time the Property Assessed Clean Energy Program (PACE) was discussed. Mr. Bolduc reported that the House and Senate have approved PACE in the Municipal Relief Bill. It will go on to the Conference Committee. It requires the signature of the Governor. It is a loan program that the city needs to review for its effectiveness.

Ms. McDevitt stated that there are 60 commercial companies out of the 1500 users of which the majority are in bio-tech and located in Cambridge. Vice Mayor asked how could the city help to promote good deeds. Mr. Gundal responded to distribute the message to these companies. Mr. Bolduc stated that the city could convene meetings with large companies, NSTAR and CEA.

Vice Mayor Davis thanked all attendees for their participation.

The meeting adjourned at seven o’clock and twenty-four minutes PM.

For the Committee,
Vice Mayor Henrietta Davis, Chair

AWAITING REPORT LIST
09-147. Report from the City Manager:
RE: report on what barriers would prevent residents from raising chickens and what could be done to remove these barriers. Remains on Awaiting Report List at request of Councillor Davis
Councillor Davis and Full Membership 12/14/09 (O-2)

10-02. Report from the City Manager:
RE: report on an assessment and plan for repairs and improvements of all school playgrounds.
Mayor Maher and Full Membership 01/11/10 (O-3)

10-32. Report from the City Manager: Ch. Rt. #1
RE: report on issues with the development of the former St. John’s property site. Charter Right exercised by Councillor Kelley on 5/24/2010.
Councillor Kelley and Full Membership 03/08/10 (O-4)

10-46. Report from the City Manager:
RE: report detailing issues of greatest importance that are before the Police Review and Advisory Board.
Councillor Simmons 03/22/10 (O-12)

10-48. Report from the City Manager: Mgr #17
RE: report on the status of initial funds and any other funds received to date from Lesley University for improvements to Mass Avenue.
Councillor Seidel 03/22/10 (O-15)

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)

10-53. Report from the City Manager: Mgr #14
RE: report on the status of the experimental rubber sidewalks.
Councillor Kelley and Full Membership 04/05/10 (O-9)

10-56. Report from the City Manager:
RE: report on the adoption of a regulation to prohibit licensed hotels from subcontracting housekeeping services.
Councillor Decker, Councillor Cheung, Mayor Maher, Councillor Toomey, Councillor Reeves and Full Membership 04/05/10 (O-16)

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)

10-59. Report from the City Manager:
RE: report on red light violations at 77 Mass Avenue and the possibility of installing a raised crosswalk.
Councillor Cheung and Full Membership 04/26/10 (O-2)

10-60. Report from the City Manager:
RE: report on the City’s current cell phone tower zoning policy.
Councillor Cheung, Councillor Seidel and Full Membership 04/26/10 (O-5)

10-61. Report from the City Manager: Mgr #15
RE: report on the prevalence of Hepatitis B in Cambridge and on the feasibility of partnering with local institutions to conduct an annual HIV and Hepatitis Testing Day.
Councillor Cheung and Full Membership 04/26/10 (O-6)

10-63. Report from the City Manager:
RE: report on instituting a program similar to the on-bill financing of business and residential building improvements.
Councillor Cheung 04/26/10 (O-8)

10-65. Report from the City Manager: Mgr #13
RE: report on how the City maintains and enforces the appropriate width of a sidewalk for safe access.
Vice Mayor Davis and Full Membership 04/26/10 (O-12)

10-66. Report from the City Manager: Mgr #3
RE: report on an impact assessment and enabling language for an ordinance amendment requiring that all new street-level parking lots make use of semi-permeable paving alternative.
Councillor Cheung and Full Membership 04/26/10 (O-13)

10-70. Report from the City Manager:
RE: report on the feasibility of updating the website with automatic translation software.
Councillor Cheung, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/03/10 (O-5)

10-71. Report from the City Manager:
RE: report on requiring all licensed establishments to clean the sidewalks in front of their businesses or risk being fined.
Councillor Cheung, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/03/10 (O-6)

10-72. Report from the City Manager:
RE: report on removing the raccoons from the Squirrel Brand park.
Councillor Seidel, Councillor Cheung, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/03/10 (O-7)

10-73. Report from the City Manager: Mgr #19
RE: report on whether any action is necessary by the City as it relates to affordable housing commitments at 303 Third Street as a result of a recent judgment by the Suffolk Superior Court.
Councillor Toomey, Councillor Cheung, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 05/03/10 (O-8)

10-74. Report from the City Manager:
RE: report on white protruding cylindrical objects on the roof the former Blessed Sacrament Church building project.
Councillor Decker 05/03/10 (O-9)

10-75. Report from the City Manager:
RE: report on status of Healthy Parks and Playgrounds Advisory Committee.
Vice Mayor Davis and Full Membership 05/10/10 (O-1)

10-76. Report from the City Manager:
RE: report on current tree-related ordinances, state statutes and informal policies.
Councillor Kelley, Councillor Cheung and Full Membership 05/10/10 (O-2)

10-78. Report from the City Manager:
RE: report on proposed ordinance to allow residents to purchase permits to barbeque on public land.
Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/10/10 (O-6)

10-79. Report from the City Manager:
RE: report on a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.
Councillor Cheung and Full Membership 05/10/10 (O-7)

10-80. Report from the City Manager:
RE: report on the possibility of implementing a 2D barcode located on square signs.
Councillor Cheung, Councillor Seidel and Full Membership 05/10/10 (O-8)

10-81. Report from the City Manager: Mgr #4
RE: report on broadening awareness of the importance of filling out the census.
Councillor Cheung and Full Membership 05/10/10 (O-9)

10-83. Report from the City Manager:
RE: report on the closing of the Main Library on Sunday’s for the summer months.
Councillor Toomey, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 05/24/10 (O-1)

10-84. Report from the City Manager:
RE: report on proposed traffic calming measures for Linnaean Street.
Councillor Decker, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/24/10 (O-2)

10-85. Report from the City Manager:
RE: report on traffic issues on Kenway Street.
Councillor Simmons, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Toomey 05/24/10 (O-3)

10-86. Report from the City Manager:
RE: report on the status of the building formerly occupied by Marino’s Restaurant.
Councillor Simmons, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Toomey 05/24/10 (O-4)

10-87. Report from the City Manager:
RE: report on reasons for removing the dedicated walk cycle from Mass Ave crossings between Harvard and Porter Squares.
Councillor Kelley, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/24/10 (O-6)

10-88. Report from the City Manager:
RE: report on why the new policy of barring dogs from Norton’s Woods has been instituted.
Councillor Decker, Vice Mayor Davis, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 05/24/10 (O-9)

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)

10-90. Report from the City Manager:
RE: report on recent commercial break-ins in East Cambridge.
Councillor Toomey, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 05/24/10 (O-12)