Cambridge City Council meeting - June 8, 2009

Cambridge City Council meeting - June 8, 2009 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $5,202.95 for the Center for Families program funded by the Cambridge Health Alliance through the Agenda for Children Literacy Initiative to the Department of Human Service Programs Salary and Wages account ($4,161.00) and Other Ordinary Maintenance account ($1,041.95) and will support playgroup trainings facilitated by staff from the Center for Families and the Parents Rock Program, including supplies.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds for the Cambridge Employment Program (CEP) from the Cambridge Housing Authority for $59,030.00 to the Grant Fund Human Service Department Programs Salary and Wages account and will be used to maintain the capacity of the Cambridge Employment Program (CEP) by continuing to fund a Vocational Case Manager to provide career counseling and case management services to Cambridge residents seeking employment, particularly those residing in public housing.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Emergency Shelter Grant (ESG) from the Office of the U.S. Department of Housing and Urban Development for $139,593.00 to the Grant Fund Human Services Salary and Wages account ($6,979.00) and to the Grant Fund Human Services Other Ordinary Maintenance account ($132,614.00) authorized under the Steward B. McKinney Homeless Assistance Act and will be used to contract with local shelter providers to support operation and rehabilitation costs of shelter facilities as well as for homeless prevention activities and services for the homeless.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of donations for $10,158.40 to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account and will be used to support Cambridge athletes participating in Special Olympics. The donations are used for uniforms, trophies, equipment, food and supplies.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Summer Food Program grant that is funded by the U.S. Department of Agriculture through the Massachusetts Department of Education for $151,080.00 to the Grant Fund Human Service Programs Department Salary and Wages account ($53,355.00) and to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account ($97,725.00) and will be used to provide nutritious meals to Cambridge youth at 28 sites throughout the City, during the summer months when schools are closed.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-34, regarding a report on creating a Cambridge Parent/Family listserv, and Awaiting Report Item Number 09-35, regarding a report on creating a more user friendly website for the Center for Families.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-47, regarding a report on installing bicycle racks at 19 Brookline Street and other high traffic areas.

City Manager Letter

June 8, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Number 09-47, regarding a report on installing bicycle racks at 19 Brookline Street and other high traffic areas, Assistant City Manager for Community Development Beth Rubenstein reports the following:

With respect to a need for bike racks to serve the Multi-Service Center, the sidewalk in front of 19 Brookline Street (at the Multi-Service Center) is 6.5 feet in width. This does not leave sufficient room to install a bicycle rack while allowing the minimum 3 feet clearance required by access codes when a bicycle is parked at the rack. This would also not comply with the City of Cambridge's "Bicycle Parking Guidelines," which were developed to ensure adequate space for pedestrians on sidewalks.

To serve the bicycle parking needs of users of the Multi-Service Center, CDD staff has identified a nearby location where two racks could be installed on the corner of Brookline and Massachusetts Avenue in front of Hi-Fi Pizza. It is anticipated that these racks will be installed as part of the spring 2009 installation of 27 bicycle racks (accommodating 54 bicycles) at high-use locations around the city.

In addition, several existing bicycle racks are located near 19 Brookline Street. Thirteen racks are located on Mass. Avenue within one block of the Multi-Service Center with six at Rendezvous restaurant and seven at Mary Chung restaurant. Six additional racks are located on Pearl Street at the Central Square Public Library, which is approximately two blocks away, and three others are located at the Auburn Court housing development approximately two and one-half blocks away.

Staff is in the process of completing bike parking surveys of high traffic areas, including Harvard Square, Central Square and Inman Square. Surveys completed to date have indicated that there is not sufficient bicycle parking to meet the current demand.

CDD will be submitting a grant application in June for ARRA funds under the Energy Efficiency and Conservation Block Grants Program. This grant request will include a request to fund the installation of about 70 bicycle racks throughout the city.

Very truly yours, Robert W. Healy, City Manager

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-150, regarding a report on Biotech companies leaving Cambridge.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-48, regarding a report on the possibility of implementing an emergency economic hardship tax deferral program.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $210,000 from Free Cash to the General Fund Finance Department (Assessing) Other Ordinary Maintenance account to provide additional funds for technical and professional services.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-41, regarding a report on changing metered parking to residential parking in the area of the courthouse.

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-57, regarding a report on the method by which the City can adopt the State's Stretch Energy Code. Referred to Health & Environment

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

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

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

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

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

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a public meeting held on Apr 14, 2009 to consider a petition submitted by Lesley University to amend the Zoning Map and Article 10.000 of the Zoning Ordinance by adding "Section 20.200 Lesley Porter Overlay District." The petition was passed to a Second Reading on May 11, 2009. The question comes on passing to be ordained on or after May 25, 2009. Planning Board hearing held Apr 7, 2009. Petition expires July 13, 2009.

APPLICATIONS AND PETITIONS
1. An application was received from Cambridge Athletic Club, requesting permission for a sandwich board sign in front of 215 First Street.

2. A zoning petition was received from Jean Connor, et al., requesting the City Council to amend the Zoning Map from its current designation as a Residence C-1 to a Residence B District in the area of Garden, Winslow, Fenno, Stearns, Esten, Sherman Streets and Upland Road. Referred to Planning Board & Ordinance Committee

COMMUNICATIONS
1. A communication was received from KD Mernin, 14 Rice Street, transmitting strong support of the zoning proposal submitted by Lesley University regarding the Art Institute of Boston.

2. A communication was received from Janet Malenfant, 16 Blake Street, transmitting continued support of the zoning proposal submitted by Lesley University that will bring the Art Institute of Boston to Porter Square.

3. A communication was received from Tabitha Vevers, transmitting enthusiastic support of the zoning proposal submitted by Lesley University regarding the Art Institute of Boston.

4. A communication was received from Harriet H. Ahouse, 4 Newport Road #2, transmitting strong support of the overlay zoning proposal and believe the Art Institute belongs on the Avenue.

5. A communication was received from Monika Pauli, 338 Harvard Street A8, transmitting written protest to the Lesley Porter Overlay District.

6. A communication was received from Marjory Wunsch, 78 Washington Avenue, transmitting written protest to the Lesley Porter Overlay District.

7. A communication was received from Karin Weller, 12 Humboldt Street, transmitting written protest to the Lesley Porter Overlay District.

8. A communication was received from Barry C. and Gretchen D. Mazur, 35 Arlington Street, transmitting written protest to the Lesley Porter Overlay District.

9. A communication was received from Andrew Enright, 74R Cushing Street, transmitting support of Lesley University's proposal to re-zone the area near the Porter Exchange Building in Porter Square.

10. A communication was received from Naomi Miller, 221 Mount Auburn Street, Apt. 311, regarding the Lesley Porter Overlay District II Zoning Petition.

11. A communication was received from Ruth Ryals and James Cornie, 115 Upland Road, transmitting strong support of the overlay zoning proposal submitted by Lesley University.

12. A communication was received from Astrid and Doug Dodds, 73 Wendell Street, urging the City Councillors to support Lesley University's zoning petition to create a Lesley Porter Overlay District.

13. A communication was received from Jennifer Fuchel, 70 Dudley Street #3, transmitting support of the Art Institute building in Porter Square.

14. A communication was received from Christine and Stefan Tullius, 101 Upland Road, transmitting support of the proposed project of the renovation of the North Prospect Congregational Church and the development of a new Art Institute.

15. A communication was received from Hayley Arnett, 17 Buena Vista Park, transmitting support for Lesley-AIB.

16. A communication was received from Representative Alice K. Wolf, transmitting support of Policy Order Resolution #5 supporting the maintenance of hours for the Teen Health Center.

RESOLUTIONS
1. Resolution on the death of Victoria I. (Enos) Hill. Councillor Toomey

2. Resolution on the death of Augustine Cislyn Jones Brooks. Councillor Reeves

3. Declare Aug 29, 2009 as "Dr. Oliver Wendell Holmes Day" in the City of Cambridge. Vice Mayor Seidel

4. Resolution on the death of Specialist Marko M. Samson.   Councillor Decker
5. Resolution on the death of Private First Class Samuel D. Stone.   Councillor Decker
6. Resolution on the death of Private Bradley W. Iorio.   Councillor Decker
7. Resolution on the death of Private Thomas E. Lee, III.   Councillor Decker
8. Resolution on the death of Specialist Chad A. Edmundson.   Councillor Decker
9. Resolution on the death of Dr. Maged M. Hussein.   Councillor Decker
10. Resolution on the death of Commander Duane G. Wolfe.   Councillor Decker

11. Happy 1st Birthday wishes to Kenneth Alexander Foster. Councillor Decker

12. Congratulations to Charles Riordan on his ranking among the top 100 chess players in the United States. Councillor Davis

13. Condolences to the Jones family on the death of Calvin Jones. Mayor Simmons

14. Declare June 2009 as Cambridge Men's Health Month. Councillor Reeves

15. Acknowledge Stephanie Guirand and Amanda Stephens for their good work in celebrating GLBT pride in the City of Cambridge. Mayor Simmons

16. Acknowledge Cody Doucette, student representative on the Cambridge School Committee, and CRLS students for their good work in celebrating GLBT pride in the City of Cambridge. Mayor Simmons

17. Acknowledge Kathy Keegan for her good work in celebrating GLBT pride in the City of Cambridge. Mayor Simmons

18. Acknowledge Michael McKenzie for his good work in celebrating GLBT pride in the City of Cambridge. Mayor Simmons

19. Resolution on the death of Joseph Barrila. Councillor Toomey

20. Retirement of Superintendent David Degou from the Cambridge Police Department. Mayor Simmons

21. Congratulations to Phyllis Beck on her graduation from Johnson & Wales University. Mayor Simmons

22. Congratulations to Phyllis Beckford and Dianna Martinez on their commitment ceremony. Mayor Simmons

23. Happy 12th Birthday to Tara Knight. Mayor Simmons

24. Congratulations to Kimberly Sutherland on her recent graduation. Mayor Simmons

25. Happy 50th Birthday to Carol Aloisi. Councillor Toomey

ORDERS
1. That the City Manager is requested to confer with the appropriate departments to assess whether or not drivers are indeed consistently driving faster than the posted speed limit and whether or not traffic-calming measures are necessary and would help reduce speeding on Magazine Street, including the Dana Park area. Councillor Decker and Councillor Davis

2. That the City Manager is requested to urge the Cambridge Legislative Delegation to respond to the City Council on exactly what they are doing to ensure that the Magazine Beach pool is opened. Councillor Decker

3. Urge the Cambridge Legislative Delegation to support a repeal of the state tax on unemployment benefits. Councillor Decker
Councillor Kelley voted NO.

4. That the City Manager is requested to report back to the City Council on the circumstances of the chemical spill at 320 Bent Street, the City's response to the incident and whether this could have been prevented. Councillor Toomey

5. That the City Manager is requested to ask the Cambridge Health Alliance to reconsider its decision to cut the hours of the Teen Health Center and the staff which will reduce access to care for the adolescents. Mayor Simmons Amended

6. That the City Manager is requested to confer with the Commissioner of Inspectional Services and report back to the City Council on the nature and purpose of the inspections that are required by the Administration Section of the Massachusetts Building Code. Councillor Toomey

7. That the City Manager is requested to report back to the City Council with a clarification of the City's policy for posting "No Parking" signage and to instruct departments to be conscious of the timeframe in which notification is required. Councillor Toomey Amended

8. That the City Manager is requested to confer with the appropriate departments to ~~implement the immediate ban of smoking in all Cambridge public parks~~ report back as to current smoking enforcement efforts and with a plan to increase enforcement. Councillor Decker Amended

9. That the City Manager is requested to remind Cambridge citizens of the conversion to digital TV and inform them about what they need to know about converting to digital through the city web site, the libraries and appropriate media. Councillor Davis

10. That the City Manager is requested to apply to the state to post a 25 mph speed limit for Magazine Street. Councillor Davis and Mayor Simmons

11. That the City Manager is requested to recommend a policy to install bicycle racks commensurate with the need for them. In particular, that a dedicated, consistent funding source be identified and that data, such as the number of bicycle riders determined by an annual census, trigger the installation of additional racks. Councillor Davis and Mayor Simmons

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a public meeting held on May 27, 2009 for the purpose of continuing discussion on a petition submitted by Lesley University in Porter Square to create a Lesley/Porter Overlay District. (corrected)

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Mayor E. Denise Simmons, announcing a new initiative, the Mayor's Blue Ribbon Commission on Green Schools.

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

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

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

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

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

Thurs, June 25
4:00pm The Ordinance Committee conduct a public hearing on the Final Landmark Designation Study Report for the Shell Spectacular Sign at 187 Magazine Street at the corner of Memorial Drive. (Sullivan Chamber)
5:00pm The Ordinance Committee will conduct a public hearing on the Avon Hill Neighborhood Conservation District Boundary Study Addendum Report and Revised Recommendations. (Sullivan Chamber)

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

Tues, June 30
4:00pm The Ordinance Committee will conduct a public hearing on a zoning petition filed by the City Council to amend the Zoning Ordinance to provide for Wind Turbine Installation subject to certain requirements and limitations. This hearing to be televised. (Sullivan Chamber)
5:00pm The Ordinance Committee will conduct a public hearing to amendment Chapter 8.24 of the Cambridge Municipal Code "Refuse and Litter" as well as a new proposed ordinance Chapter 8.25 "Dumpster Licenses." (Sullivan Chamber)

Wed, July 1
5:00pm The Civic Unity Committee will conduct a public meeting to explore the possibility of creating small scale solar panels that would enable the powering of small household items. (Sullivan Chamber)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1 June 8, 2009
COUNCILLOR DECKER
COUNCILLOR DAVIS
WHEREAS: There is concern over drivers consistently speeding on Magazine Street in Cambridgeport; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to assess whether or not drivers are indeed consistently driving faster than the posted speed limit and whether or not traffic-calming measures are necessary and would help reduce speeding on Magazine Street, including the Dana Park area; 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 8, 2009
COUNCILLOR DECKER
WHEREAS: There is concern regarding the opening of the Magazine Beach pool; now therefore be it
ORDERED: That the City Manager be and hereby is requested to urge the Cambridge Legislative Delegation to work to ensure that Magazine Beach pool will be opened because it provides families and youth respite in the city. As a community pool the Magazine Beach pool is a place to build community and provides a safe place for youths to congregate during the summer months; and be it further
ORDERED: That the City Manager be and hereby is requested to urge the Cambridge Legislative Delegation to respond to the City Council on exactly what they are doing to ensure that the Magazine Beach pool is opened; 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-3 June 8, 2009
COUNCILLOR DECKER
WHEREAS: If the purpose of State unemployment benefits is to assist individuals while they are unemployed, then taxing unemployment benefits is counter productive; and
WHEREAS: Many who are receiving unemployment benefits may be unaware that they have to pay tax on their benefits and/or may be unable to set aside money to pay tax on their unemployment benefits; and
WHEREAS: A repeal on the tax for unemployment benefits would provide relief to thousands; now therefore be it
ORDERED: That the City Council hereby goes on record urging the Cambridge Legislative Delegation to support a repeal of the state tax on unemployment benefits; and be it further
ORDERED: That the City Clerk be and hereby is requested to transmit a suitably engrossed copy of this resolution to the Cambridge Legislative Delegation on behalf of the Cambridge City Council.

O-4 June 8, 2009
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the circumstances of the chemical spill at 320 Bent Street, the City's response to the incident and whether this could have been prevented.

O-5 June 8, 2009 Amended
MAYOR SIMMONS
WHEREAS: The Teen Health Center was opened in 1988 in response to the growing health needs of the students at the Cambridge Rindge and Latin High School and young people throughout Cambridge; and
WHEREAS: The Teen Health Center is open to all youth providing comprehensive medical, education, disease prevention and counseling services; and
WHEREAS: The Teen Health Center was opened because adolescents often get lost in a conventional health care system that is not sensitive to their unique needs; and
WHEREAS: The Teen Health Center provides specialized medical and confidential care to adolescents receiving care there; and
WHEREAS: The students at Cambridge Rindge and Latin High School have collected hundreds of signatures on petitions that advocate for the expansion of the Teen Health Center hours during the summer and school vacations and seek support for the unique needs of the young adult population in Cambridge and to protect the jobs of the health center staff who are trusted by the students for the valuable care that they provide; and
WHEREAS: The Cambridge City Council recognizes the efforts of the students at the Cambridge Rindge and Latin High School who have signed this petition; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask the Cambridge Health Alliance to reconsider its decision to cut the hours of the Teen Health Center and the staff which will reduce access to care for the adolescents and put them at risk for health problems; and be it further
ORDERED: That the City Manager be and hereby is requested to convey the strong desire of the Cambridge City Council that there be no reduction of hours of operation of the Teen Health Center during the school year, as well.

O-6 June 8, 2009
COUNCILLOR TOOMEY
WHEREAS: Some property owners of multi-unit buildings have received notification from Inspectional Services that an inspection of their home is required by the Administration Section of the Massachusetts Building Code (780 CMR 106); and
WHEREAS: For many of these property owners it is the first letter of its kind that they have received and its owners are expressing confusion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Inspectional Services and report back to the City Council on the nature and purpose of these inspections.

O-7 June 8, 2009 Amended
COUNCILLOR TOOMEY
WHEREAS: During summer months when street cleaning is in effect parking is scarce; and
WHEREAS: Residents also trust that they will be given ample notice of parking restrictions in order to properly park their vehicles to avoid fines and towing costs; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with a clarification of the City's policy for posting "No Parking" signage and to instruct departments to be conscious of the timeframe in which notification is required; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the power of non-city entities (such as MIT) to post city parking spaces as "No Parking."

O-8 June 8, 2009 Amended
COUNCILLOR DECKER
WHEREAS: We are aware of the negative health effects of second hand smoke; and
WHEREAS: Cambridge was one of the first cities to ban smoking in restaurants and public buildings; and
WHEREAS: By city ordinance Cambridge has also banned smoking in parks, but there is a significant amount of smoking in our public parks; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to implement the immediate ban of smoking in all Cambridge public parks; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to report back as to current efforts to enforce the prohibition of smoking in parks and with a plan to increase enforcement.

O-9 June 8, 2009
COUNCILLOR DAVIS
WHEREAS: By law, full-power television stations nationwide must begin broadcasting exclusively in a digital format by June 12, 2009 (extended from Feb 17, 2009); and
WHEREAS: Cambridge residents who already have cable TV will not have to do anything by June 12 but those who still have an analog TV set must either buy a new TV or purchase a converter box; now therefore be it
ORDERED: That the City Manager be and hereby is requested to remind Cambridge citizens of the conversion to digital TV and inform them about what they need to know about converting to digital through the city web site, the libraries and appropriate media.

O-10 June 8, 2009
COUNCILLOR DAVIS
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to apply to the state to post a 25 mph speed limit for Magazine Street.

O-11 June 8, 2009
COUNCILLOR DAVIS
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to recommend a policy to install bicycle racks commensurate with the need for them. In particular, that a dedicated, consistent funding source be identified and that data, such as the number of bicycle riders determined by an annual census, trigger the installation of additional racks.

TEXT OF COMMITTEE REPORTS
Committee Report #1 (corrected)
The Ordinance Committee held a public hearing on May 27, 2009 at 4:15pm in the Sullivan Chamber.

The hearing was held for the purpose of continuing discussion on a petition by Lesley University to amend the zoning of certain property owned by Lesley in Porter Square to create a Lesley/Porter Overlay District.

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

Also present were Beth Rubenstein, Assistant City Manager for Community Development; Susan Glazer, Deputy Director of the Community Development Department (CDD); Lester Barber, Director of Zoning and Land Use Planning, CDD; and Charles Sullivan, Executive Director of the Historical Commission.

Councillor Maher opened the hearing and explained the purpose. He noted the questions from the previous meeting and invited Ms. Rubenstein to introduce these issues. Ms. Rubenstein said that she believed the meeting should begin with a discussion of the relationship between the landmarking procedure and the zoning and introduced Charles Sullivan, Executive Director of the Historical Commission, to discuss this matter.

Mr. Sullivan said that the Historical Commission does not see any conflict whatsoever between the landmarking procedure and the zoning. The Historical Commission has been considering the issue of landmarking the church and will have a final hearing on June 4, 2009.

Councillor Davis said the language of the Commission's communication to the City Council that the church should be preserved "where it is and as it is" has been interpreted by some to mean that the landmarking would rule out any use by Lesley that made any changes to the existing structure and its current placement on the lot. Mr. Sullivan said that there has been no judgment by the Historical Commission as to exactly what proposals are acceptable. That will be determined by the Historical Commission in the context of whatever particular development proposal by Lesley is appropriate for the landmarked building.

Ms. Rubenstein then invited Mr. Barber to discuss the material he prepared and submitted with regard to potential development in the affected area (Attachment A). The material compares the development potential within the proposed overlay district as it is currently zoned and under the proposed amendment. In response to a question from Councillor Davis, Mr. Barber said that 198,000 additional square feet could be added under the proposed amendment.

Councillor Davis asked about the heights of the Mt. Vernon Street lots. Mr. Barber said the height limit would be 55 feet with a 35 foot limit within 50 feet of the residential district, as required by transitional zoning requirements so the back of the lots would have 35 foot height limits and the front of the lots would have 55 foot height limits. Mr. Barber said that the transitional zoning protection also applies to the strip along Roseland Street.

Ms. Rubenstein then moved to the question of the rationale for the 25,000 square foot retail FAR exemption. She stated that the reason is to provide an incentive for the retail that residents have consistently said they wanted to see for this area.

She then described the procedure for traffic review, which would entail a comprehensive look at traffic as part of the special permit process. Councillor Maher asked how can there be effective traffic review of a development which takes place in stages over time rather than as a complete project. Ms. Rubenstein said that it would depend on how much information there is about the plans. She added that the Planning Board would take a very close look.

Councillor Kelley asked about inclusionary zoning. Mr. Barber said that if they build residential units they are required to add the inclusionary units.

Councillor Kelley asked what would happen if Lesley were to sell the westerly lots. Ms. Rubenstein states that there are some limits in the proposed zoning that would apply regardless of any sale.

Councillor Kelley asked about setbacks for the Mt. Vernon lots. Mr. Barber said the base unit setback requirement would continue to apply. That is also true of the height limitation.

Councillor Kelley asked about the issue of measuring height from the median grade. Mr. Barber said that is the usual way that height is measured in the ordinance and the measurements would be separate and different for each lot. The Planning Board has recommended clarification of that language in the proposed ordinance.

Councillor Kelley asked how can the City Council ensure that the benefits (retail, Maud Morgan Center, etc.) actually happen down the line. He gave the example of Harvard University's Allston project.

Ms. Rubenstein said that zoning sets the building envelope within which activities can happen. Discussions about the potential community benefits could result in a memorandum of understanding. Councillor Kelley said there will be a lot less leverage after the zoning has been adopted. He would not want to move forward to change the zoning without some assurance that any benefits that have been agreed upon will actually happen.

Councillor Maher said that the co-chairs would be looking for a memorandum of understanding.

Councillor Kelley said that he wants the City Council to specify in the zoning that the retail will be retail for the benefit of the community. Ms. Rubenstein said they should check with the Law Department but she expects that there could be some explicit language that the use of the retail bonus be for community benefit retail, not just retail for the benefit of the Lesley community.

Vice Mayor Seidel also asked whether such language could go into the ordinance.

Mr. Barber said that many of the activities that Councillor Kelley identified as benefiting mostly Lesley would be categorized as institutional not retail but there clearly could be language that states the desired community benefit retail more explicitly.

Councillor Kelley said that he still would like to see some sort of parking arrangement that reflects how close the building is to the MBTA station.

Ms. Rubenstein then requested that Lesley directly address the question of whether the design for AIB, with the specific drawing of the church/AIB combination is a "fait accompli."

Mr. Rafferty said that Lesley has not yet decided what its final proposal for use of the church will be. Lesley supports the landmarking of the building. He added that the Zoning Ordinance requires replacement of any parking displaced by the development. The issue is how to accommodate all the existing spaces plus any new spaces needed.

Architect James Forni said that two of the lots are big enough to accommodate the AIB program. However the parking required to support the existing University Hall building totals 270 spaces, which includes 78 spaces located in the westerly lots. Just replacing the 270 spaces would cost $25 million. That amount nearly doubles the cost of the project, without adding any spaces to accommodate the new program. There will be one chance to build a parking garage over the many years that Lesley will be developing these parcels next to the MBTA.

Councillor Kelley reiterated that the parking space requirements for development next to the MBTA station should not be the same as for places without such easy access to public transportation. Councillor Maher then moved to public comment.

Tim Rowe, 64 Gorham Street, said that the right place for future growth is near the T. He supports this development. After conversations with Lesley administrators he is satisfied that they will support retail for the benefit of the community.

Yasuna Murakami, board member, Asian Development Association and a Cambridge resident, spoke in support of the proposal. This is the right place for the development. His only concern is with the disappearance over the years of the foundation requirements for the Asian community. He wants to withdraw the letter he sent to the Ordinance Committee about his earlier concerns.

Selma Abu Apyash, 2 Newport Road #8, spoke in opposition. This project is huge. She wants to see the church preserved and wants to be able to hear the birds.

Birgitta Ralston, 1 Newport Road #4, spoke in opposition. Lesley is having a negative reaction on the neighborhood.

Brian Kopperl, 17 Arlington Street, spoke in opposition. He urged harmonization of the church and the AIB. He suggested limiting the overlay district to the midpoint of the church lot. He also suggested making a sculpture garden beside Frost Terrace along with a glass gallery behind the garden. He submitted written testimony (Attachment B) and a drawing.

Angelica Harter, 16 Arlington Street, expressed support for keeping the church where it is now on its lot.

Ivan Bereznicki, 7 Wendell Street, spoke in support of the proposed amendment. He stated that it is ironic that many of those opposing this proposal live in buildings that far exceed the current zoning limits. He urged the City Council to balance the good of the abutting residents with the public good of the new art school and cultural focus.

Ruth Ryals, 115 Upland Road, spoke in support of the proposed amendments as a benefit to Massachusetts Avenue. In her view the proposal for the church would improve the view of the church.

Howard Speicher, attorney, Davis Malin and D'Agostine, stated that he represented the Oxford Courts Condominium. Three issues are of paramount concern: height, setback and FAR. He knows that Lesley is looking closely at what can be done to protect these residents. There has been some movement on the 45 foot height proposal. He has concerns about whether the transitional zoning requirement would apply and would like it made explicit in the zoning that there is no exemption from the transitional zoning requirements. He submitted a letter for the record (Attachment C).

Susan Hunziker, 80 Orchard Street, spoke in support of the proposed amendment. She stated that Lesley has been a good neighbor and has listened well and tried to work through the issues and concerns that the neighborhood has raised.

Peter Cardellichio, 7 Arlington Street #44, spoke in opposition to the proposal as a transfer of wealth from Oxford Courts to Lesley University.

Andrea Wilder, 12 Arlington Street, said that she opposed the proposed amendment because moving the church would result in a community loss and envisions damage to the neighborhood. She submitted written testimony (Attachment C.1).

Carol Weinhaus, 60 Oxford Street, spoke in support. (corrected)

Stephen Diamond, 61 Frost Street, member of the Lesley neighborhood working group, spoke in support of the proposal. He suggested that the open space requirement be increased to 25%. He said that he would like to see 10,000 feet of contiguous open space added to the proposal. He also wants to improve the connectivity between Roseland Street, the MBTA stop and Massachusetts Avenue by reconfiguring the parking lot, allotting 3,000 square feet for contiguous open streets and landscaping on Roseland Street.

Inga Hoffman, 91 Washington Avenue, spoke in opposition.

Marjory Wunsch, 78 Washington Street, spoke in opposition to the proposed amendment.

Amery Burnham, 1 Newport Road #6, spoke in opposition to the proposed amendment and submitted written testimony (Attachment D). A huge building is contemplated. The site could be a big hole for a long time. She urged a smaller building with bigger setbacks for AIB.

Lauren Gibbs, 3 Newport Road #1, spoke in opposition to the proposal on behalf of herself and fifteen additional owners because of unresolved traffic problems and no adequate parking. She requested changes to eliminate the language that disallows an above-ground parking facility and urged the City Council to require traffic mitigation.

Terrence Smith, Director of Government Affairs, Cambridge Chamber of Commerce, resident of Manassas Street, spoke in support of the proposed amendment. The AIB will be a benefit to Porter Square and to Cambridge.

Linda Haar, 13 Arlington Street, spoke in opposition and submitted a letter from her husband Jonathan Haar and herself (Attachment E).

Graham Fincke, 11 Arlington Street, spoke in opposition to the proposed amendment.

Peg Blum, 175 Richdale Avenue, said that she has lived eleven years in the neighborhood and spoke in support of the proposed amendment.

Susan Brandt, 7 Arlington Street, expressed that her primary concern is for the westerly lots across the street from Oxford Court. She would like a somewhat smaller project with a 35 foot height limit and 20 foot setbacks.

Kathy LaPierre, 1 Frost Terrace, spoke in opposition to the proposed amendment. She welcomes AIB, but the planned placement is wrong.

Sarah Farrington, 18 Frost Street, spoke in opposition to the proposed amendment. The extent of the proposed upzoning is much greater than is needed for the AIB. She requested that the City Council remove language that currently allows an unlimited transfer of development rights. She submitted over seventy written legal protests (Attachment F).

Jean Farrington, 24 Frost Street, spoke in opposition to the proposed amendment. She also read remarks from Alison Roberts, 21 Frost Street, expressing her disappointment at Lesley's treatment of the preschool formerly located at the church.

James Freeman, 25A Hillside Avenue, expressed his opposition to the proposed amendments because of the plan to change the church. He submitted alternative architectural plans (Attachment G).

Ann Freeman, 25A Hillside Avenue, spoke in opposition to the proposal.

Gaby Friedler, 4 Newport Road #4, spoke in opposition to the proposed amendment emphasizing problems with traffic, parking and toxic waste. She submitted written testimony (Attachment H).

John Farrington, Oxford Street, read a statement by Gordon Moore in opposition to the proposed amendment and submitted a copy (Attachment I).

Ron Axelrod, 26 Shepard Street, member of the neighborhood/Lesley working group, spoke in support of the proposed amendment and submitted a copy of his remarks (Attachment J).

Harriet Ahouse, 4 Newport Road, spoke in support of the proposed amendment. She emphasized that more parking spaces are not the answer.

Diane Margolis, 175 Richdale Avenue, spoke in support of the proposed amendment.

Larry Field, 42 Mt. Vernon Street, member of the working group, spoke in support of the proposed amendment and described the public hearing and outreach efforts that were made.

James Williamson, 1000 Jackson Place, stated that it is not always easy to get information of everything that is going on. He loves the little Japanese restaurants in the Sears building.

Fred Meyer, 84 Hammond Street, spoke in support of the proposed amendments. If Lesley does not do this project and then sells the land, the church would become condos, the Mt. Auburn lots would become 50 foot high buildings devoted to institutional use, for example, the University of Phoenix. The parking lot behind Sears would remain just what it is now - an ugly parking lot. This is an old story. There are always compromises to be made to bring about reasonable development.

Bill Angstrom, 7 Arlington Street, said that in his opinion the North Prospect Church is an architectural monstrosity. He also said that a development cost of $100,000 per parking space sounds too expensive. He does not like seeing parking lots on Massachusetts Avenue. If you make more parking you will have more cars.

Frank Reeces, Garden Street, spoke in support of the proposed amendments. Lesley is a good neighbor, a better neighbor than the other schools - Boston College where he works, and the other Cambridge institutions.

Tom Fein, Newport Road, spoke in opposition to the proposed amendment because it will result in overly large buildings.

Martha Hass, Newport Court, spoke in opposition. She said that when she went to the first public meeting of neighborhood, the proposed project was already a fait accompli. The parking lot behind University Hall could become a beautiful setting for AIB.

Patricia Wicker, 3 Newport Road, said that it is never too late to modify any plan. She urged the City Council to work on a compromise.

Carolyn Stonewell, 7 Arlington Street, Oxford Courts, said that she basically supports Lesley's proposal, with a few modifications to the Mt. Auburn Street lots. She urged consideration of the concerns of the Newport Road residents. She also urged beautification of the Massachusetts Avenue median strip with a contribution to this project from Lesley University, as it will benefit Lesley and the entire area.

Councillor Maher explained the timeline for future actions on this issue. He said that the issue of landmarking will be decided by the Historical Commission at its June 4th meeting. The landmark report will come to the City Council on June 15th with the expectation of considering it at the same meeting as the zoning petition. The co-chairs expect that both the landmark and zoning petition will come before the City Council for consideration and decision on June 22nd.

Councillor Davis observed that clearly everyone agrees that AIB should come to Cambridge. She has noted nine items that seemed to her to be of the most concern:
* Construction mitigation;
* FAR in one section;
* Setbacks for close abutters;
* Open space behind the former Sears building;
* Parking - look into the issue with some subtlety, given proximity to the MBTA;
* The question of what if zoning passes and nothing is built;
* Transitional zoning;
* Use of the Sears parking lot; and
* Lesley beautifying Massachusetts Avenue.

Councillor Kelley asked whether under Section 6.35.1 the BZA can reduce the amount of required parking by special permit. He said they need clarity about the parking aspects.

Mr. Barber said that the requirement that accessory parking be replaced would limit application of Section 6.35.1 with respect to the existing parking but it could apply to allow an application to the BZA to reduce any new required parking connected with the new development.

Councillor Kelley said that he would like to see Lesley contractually limit its employees' ability to drive to work in Porter Square.

Vice Mayor Seidel stated that this has been a very productive meeting. There are many issues. The co-chairs will be working with the neighbors, Lesley, and city staff over the next few weeks.

Councillor Ward said that although there was a working group over time, given the amount of concern, he suggests meeting with a subset from both sides to work on a compromise. He also noted that the new art school should be the "Art Institute of Cambridge."

Vice Mayor Seidel and Councillor Maher thanked all those present for their participation.

The hearing adjourned at 7:08pm.

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

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

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

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

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

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

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

08-150. Report from the City Manager: See Mgr #8
RE: report on how many businesses similar to Biogen have relocated some or all of their personnel from Cambridge-based offices, whether there is an indication that others will be leaving, and what the strategies are to keep businesses in Cambridge.
Mayor Simmons and Full Membership 12/08/08 (O-9)

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

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

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

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

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

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

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

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

09-34. Report from the City Manager: See Mgr #6
RE: report on creating a Cambridge Parent/Family listserv.
Councillor Decker and Full Membership 04/13/09 (O-14)

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

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

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

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

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

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

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

09-47. Report from the City Manager: See Mgr #7
RE: report on bicycle parking in high traffic areas in Harvard, Central, Inman Squares and other high traffic areas and squares.
Councillor Davis and Full Membership 05/18/09 (O-3)

09-48. Report from the City Manager: See Mgr #9
RE: report on the possibility of implementing an emergency economic hardship tax deferral program.
Councillor Ward and Full Membership 05/18/09 (O-4)

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

09-55. Report from the City Manager:
RE: report on the problem of lice and on preventative measures to combat such infestation from occurring.
Councillor Reeves and Full Membership 06/01/09 (O-1)

09-56. Report from the City Manager:
RE: report on analyzing the current development patterns in the Residence C-1 area.
Councillor Maher, Councillor Davis, Councillor Decker, Councillor Kelley, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 06/01/09 (O-2)

09-57. Report from the City Manager: See Mgr #12
RE: report on method by which the City can adopt the state's stretch code.
Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 06/01/09 (O-7)

09-58. Report from the City Manager:
RE: report on turning off city street lights in the morning with the longer daylight hours.
Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 06/01/09 (O-10)

09-59. Report from the City Manager:
RE: report on placing signage in crosswalks at intersections on Cambridge Street in East Cambridge.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons & Councillor Ward 06/01/09 (O-11)

09-60. Report from the City Manager:
RE: report on the extent of Dalkia's supply system, who they service in the area and the current operational state of the supply lines in the area.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons & Councillor Ward 06/01/09 (O-12)