Cambridge City Council meeting - June 23, 2008 - AGENDA
[Councillors Davis and Reeves were ABSENT.]

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to a request for Executive Session.
["I am hereby requesting Executive Session for the purpose of discussing threatened litigation relative to a City Ordinance." – The Ordinance in question is the "Cambridge Employment Plan."]

2. Transmitting communication from Robert W. Healy, City Manager, the appropriation of the Terrascope Youth Radio Program Grant from MIT through the National Science Foundation for $106,400 to the Grant Fund Human Service Programs Salary and Wages account ($66,000) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($40,400) which will provide funds to develop a weekly radio program on environmental science, including researching, writing and producing stories to be broadcast.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of on-going user fees received from Cambridge Homeless Service Provider Agencies and surrounding communities to support the Cambridge Homeless Management Information System (HMIS), a citywide tracking system for homeless persons receiving services through the participating programs, in the amount of $2,095 to the Grant Fund Department of Human Service Programs Other Ordinary Maintenance account.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Cambridge Individuals with Special Needs Grant funded from private donations for $7,316.00 to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account and will be used to support the overall recreation experience of Cambridge individuals with special needs.

5. Transmitting communication from Robert W. Healy, City Manager, relative to an additional appropriation for the Housing Assistance Program (HAP) received from the Community Action Programs Inter-City (CAPIC) Inc. for $9,354 to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account and will be used to aid families who are either homeless or at high risk for losing their housing.

6. Transmitting communication from Robert W. Healy, City Manager, relative to a supplemental appropriation of a donation to the Cambridge Prevention Coalition in the amount of $1,000.00 to the Grant Fund Human Services Other Ordinary Maintenance account from the Cambridge Health Alliance and will be used to support the Cambridge Teen Health Survey

7. Transmitting communication from Robert W. Healy, City Manager, relative to a supplemental appropriation of the Parent Navigator Grant from the Institute for Community Health for $2,000 to the Grant Fund Human Service Programs Other Ordinary Maintenance account and will be used to fund the Cambridge Prevention Coalition’s (CPC) work in developing a cadre of parent navigators who know and are aware of the resources available related to substance abuse and mental health.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $59,200 in bus shelter advertising revenue to the Public Investment Fund Public Works Extraordinary Expenditures account to purchase 16 Big Belly Solar Trash Compactors to replace some traditional trash containers in and around Central and Harvard Squares. [These trash receptacles can hold four-five times the capacity of trash cans, using only the sun’s energy for power. The units are self-contained which will keep pests from feeding on trash, and have safety features to keep hands from accessing the compactor.]

9. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $26,090 from the General Fund Public Works Other Ordinary Maintenance account to the General Fund Public Works Extraordinary Expenditures account to cover the cost of two replacement snow plows, a replacement riding lawnmower for the Cambridge Cemetery and two radios.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of various donations in the amount of $6,126.89 to the Grant Fund of Human Service Programs Other Ordinary Maintenance account and will be used to support a variety of activities, including the senior center fair, middle school partnership apple project, and summer youth games.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Constable Without Power for a term of three years, effective the first day of January, 2008:  Lance Finamore, Alex Hold, Michael Janus, Justin Pelletier, Hector Polanco, Raymond Baril & Maria Rodao

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-81, regarding a report on the condition and safety at Pacific Park.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-67, regarding a report on the status of multiple small holes in the street pavement.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-88, regarding a report on the distribution of information and education of affected homeowners in the FEMA flood map area so they can purchase insurance before the January, 2009 deadline. [Note: Approximately 200 additional properties are affected.]

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-76, regarding a report on the status of the Linear Park crossing of Massachusetts Avenue and Cameron Avenue.

16. Transmitting communication from Robert W. Healy, City Manager, relative to a request from CASCAP Realty, Inc. ("CASCAP") for two (2) permanent easements for the installation of a cornice and a pole/sign ("Projections") to be installed, repaired, replaced and maintained over a portion of the public sidewalk. The Projections will overhang portions of the northeasterly side of Harvard Street on the southwesterly side of CASCAP’s property located at 125-127 Harvard Street.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons a members of the Board of Zoning Appeals:
Thomas P. Scott - Full Member - 5-year term
Lance Houston - Associate Member - 2-year term
Ted Heur - Associate Member - 2-year term
Slater Anderson - Associate Member - 2-year term
Douglas Myers - Associate Member - 2-year term
Christopher Chan - Associate Member - 2-year term (reappointment)
Edward Wayland - Associate Member - 2-year term (reappointment)

To the Honorable, the City Council:

Please be advised that I have appointed the following persons to the Board of Zoning Appeals:

Thomas P. Scott - Full Member with a term to expire June 19, 2013.
Mr. Scott is an Architect and resides in Mid-Cambridge and has been a Cambridge resident for 27-year.
He has 3 children educated in the Cambridge School System.

Lance Houston - Associate Member - 2-year term
Mr. Houston is an Attorney and Director of Human Resources and Affirmative Action at a Community College. He resides in East Cambridge.

Ted Heur - Associate Member - 2-year term
Mr. Heur is an Attorney and Ph.D., and has served as a Law Clerk for the Chief Justice of the Massachusetts SJC. He resides in Neighborhood 9.

Slater Anderson - Associate Member - 2-year term
Mr. Anderson has a Masters Degree in Regional Planning and resides in North Cambridge.

Douglas Myers - Associate Member - 2-year term
Mr. Myers is an Attorney with International Law experience in Europe and resides in Mid-Cambridge.

Additionally, I am reappointing Christopher Chan and Edward Wayland as Associate Members for 2-year terms.

Very truly yours, Robert W. Healy, City Manager

18. Transmitting communication from Robert W. Healy, City Manager, relative to a proposed Council Order and Home Rule Petition authorizing a long-term lease between the City of Cambridge and the Mt. Auburn Memorial Post No. 8818, Veterans of Foreign Wars, Inc.

To the Honorable, the City Council:

I am submitting an attached proposed City Council Order and a proposed Home Rule Petition and requesting that you vote to approve the Order and transmit the Home Rule Petition to the General Court. As noted in the proposed order, the City Council voted on Dec 19, 2005 to acquire 688 Huron Avenue by eminent domain from the Mt. Auburn VFW for municipal purposes so as to locate the West Cambridge Youth and Community Center at the site. The Mt. Auburn VFW agreed to the a friendly taking in part upon the understanding that the City would provide them with a long-term lease of a portion of the site to be occupied by them as their headquarters and for their customary and incidental uses. The statute that authorizes the leasing of municipal property to veterans organizations provides for a five year term, and in order to avoid the need for multiple renewals of five year terms and to achieve the intent of the City and the Mt. Auburn VFW that the lease be a long-term lease, I recommend that you submit the attached Home Rule Petition to the General Court.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 18
June 23, 2008

WHEREAS: The City Council voted on Dec 19, 2005 to acquire the property known as 688 Huron Avenue by eminent domain from the Mount Auburn Memorial Post No. 8818, Veterans of Foreign Wars, Inc. ("Mt. Auburn VFW"); and

WHEREAS: Said taking was the culmination of the long search by the City for an appropriate site upon which to construct a West Cambridge Youth and Community Center; and

WHEREAS: Said taking was accomplished pursuant to an Agreement and Release entered into between the Mt. Auburn VFW and the City by the terms of which the City agreed to provide a newly renovated or constructed space at 688 Huron Avenue to be leased to the Mt. Auburn VFW for all customary and incidental uses of the Mt. Auburn VFW; and

WHEREAS: It is the intent and desire of the City and the Mt. Auburn VFW that said lease be long-term; and

WHEREAS: Pursuant to G. L. c. 40, §9 the City may lease to a veterans organization a building or parts of a building for a period not exceeding five years, now therefore be it

ORDERED: That the City Clerk shall transmit the attached Home Rule Petition to the General Court for the purpose of requesting special legislation authorizing the City of Cambridge to enter into a long-term lease with the Mt. Auburn VFW regarding a portion of the property at 688 Huron Avenue.

UNFINISHED BUSINESS
1. 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.]

2. 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.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to the authorization to further amend the loan order originally approved by the City Council on May 23, 2005 and amended on July 30, 2007 for $2,000,000 for renovations and improvements to several City buildings. The question comes on adoption on or after June 23, 2008.  Approved 7-0-2 (Davis and Reeves ABSENT)

APPLICATIONS AND PETITIONS
1. An application was received from Sahara Vacation Travel & Tours, requesting permission for a sandwich board sign at the premises numbered 620 Massachusetts Avenue.

2. An application was received from Three Aces Pizza, requesting permission for five tables and twenty chairs for restaurant seating in front of the premises numbered 1613 Massachusetts Avenue.

3. An application was received from Felix Shoe Repair, requesting permission for a sign at the premises numbered 1304 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department, Historical Commission and abutters.

4. An application was received from J. P. Licks, requesting permission for three signs at the premises numbered 1312 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department, Historical Commission and abutters.

5. An application was received from Chicago Pizza, requesting permission for four tables and nine chairs for restaurant seating in front of the premises numbered 239 Massachusetts Avenue.

6. An application was received from The Upper Crust, requesting permission for a sign at the premises numbered 49B Brattle Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department, Historical Commission and abutters.

7. An application was received from Maria Bonita Restaurant, requesting permission for four tables and ten chairs in front of the premises numbered 2447 Massachusetts Avenue.

8. An application was received from Sandrine’s, requesting permission for ten tables and twenty chairs for restaurant seating in front of the premises numbered 8 Holyoke Street.

9. An application was received from Capone Foods, requesting permission for a sandwich board sign at the premises numbered 2285 Massachusetts Avenue.

10. An application was received from Khajana, requesting permission for one trolley rack and one small table at the premises numbered One Brattle Square.

11. An application was received from Tula Boutique, requesting permission for a sign at the premises numbered 1 Linden Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department, Historical Commission and abutters.

COMMUNICATIONS
1. A communication was received from Representative William N. Brownsberger, transmitting thanks for the resolution regarding H4346, a bill to reduce the amount of trans fat served in restaurants and hotels.

2. A communication was received from Rhonda Massie, regarding the Community Preservation Act and open space.

3. A communication was received from Representative William N. Brownsberger, transmitting thanks for the City Council’s resolution in support of the Global Warming Solutions Act.

4. A communication was received from Joseph P. Kennedy II, transmitting thanks for the resolution that was adopted in memory of his father.

5. A communication was received from Kathy Podgers, transmitting a copy of a news report about another community who has adopted a visitability ordinance.


6. A communication was received from Paula Cortes, regarding Linear Park and Massachusetts Avenue Crossing.


RESOLUTIONS
1. Best wishes to Jesse McCree as he leaves his position at the Multi-Service Center.   Councillor Decker

2. Resolution on the death of Private First Class Joshua Waltenbaugh.   Councillor Decker

3. Resolution on the death of Specialist Quincy Green.   Councillor Decker

4. Resolution on the death of Specialist Christopher McCarthy.   Councillor Decker

5. Thanks to the Richard Harding and the organizers of the Annual Hoops and Health Recreational Tournament which will be held on June 21, 2008 at Hoyt Field.   Councillor Reeves

6. Resolution on the death of Loraine Scott.   Councillor Reeves

7. Resolution on the death of Marie (Tifft) Champion.   Councillor Maher, Mayor Simmons

8. Resolution on the death of Henry "Hank" Sigourney.   Councillor Maher

9. Get well wishes to Kelley Ready.   Mayor Simmons

10. Congratulations to Mia Meszaros on her graduation from the University of Puget Sound.   Mayor Simmons

11. Congratulations to the League of Women for Community Service on their 90 years of service.   Mayor Simmons

12. Congratulations to Cambridge Community Television on receiving honors for Overall Excellence in Public Access Programming by the Alliance for Community Media at the Hometown Video Festival.   Councillor Toomey, Councillor Reeves

13. Resolution on the death of MaryAnn (Percoco) LaRosa.   Councillor Maher, Councillor Toomey

14. Resolution on the death of Nee Art Chin.   Councillor Toomey

15. Resolution on the death of Carlos S. Dutra.   Councillor Toomey

16. Congratulations to the CATALYST award winners and well wishes to the Science Club for Girls on its 1st Annual Award Ceremony and Benefit.   Councillor Davis

17. Resolution on the death of William M. Sullivan.   Councillor Toomey, Councillor Maher

18. Welcome to the family of Roxie Coicou on the occasion of the Bennett Family Reunion.   Mayor Simmons

19. Congratulations and best wishes to Calvin Hicks as he retires from full-time management at the New England Conservatory.   Mayor Simmons

20. Congratulations to Tony Maws and Karolyn Feeks on the birth of their son, Charles Baker Feeks Maws.   Councillor Reeves

21. Congratulations to Angel Rosa Banks on her graduation from Livingston College.   Mayor Simmons

22. Happy 70th Birthday wishes to Geneva Tallman Malenfant.   Councillor Davis

23. Thanks to Colonel Michael F. Belcher, Director of the Marine Corps War College in Quantico, for his efforts on the City of Cambridge’s behalf.   Councillor Kelley

24. Best wishes to Major Sean P. McDonald, US Army Reserve, on his new position as Project Engineer for the Assistant Chief of Staff, Installation Management - Army Reserve.   Councillor Kelley

25. Congratulations to Leroy Cragwell as he celebrates his 80th birthday on July 7, 2008.   Mayor Simmons

26. Congratulations to Officer Katrina L. Thompson, MIT Campus Police, on being honored by the Massachusetts Association of women Law Enforcement Officers.   Mayor Simmons


27. Appreciation to Ralph Brancaccio for bringing the Y Project to Cambridge and educating the public about HIV/AIDS.   Mayor Simmons

28. Congratulations and best wishes to Elon Fyfield and Brandon Poindexter, CRLS students, on being named 2008 All Scholastics for volleyball and wish them much success at the Junior Olympic Nationals in July.   Councillor Toomey

29. Congratulations to the organizers and participants of the 2008 Hoops N. Health event on June 21, 2008.   Mayor Simmons

30. Thanks to Father Brendan Buckley for his service to the St. Mary's community and well wishes as he takes his new position as pastor of Our Lady of Lourdes parish in Jamaica Plain.   Councillor Toomey

31. Thanks to Brian Fitzgerald, General Manager of the Royal Sonesta Hotel, for his support to the Rape Aggression Defense System (R.A.D.).   Councillor Decker

32. Thanks to John Juliano, Security Director of the Royal Sonesta Hotel, for his support of the Rape Aggression Defense System (R.A.D.).   Councillor Decker

33. Thanks to George Lanzillo, Rooms Division Director of the Royal Sonesta Hotel, for his support of the Rape Aggression Defense System (R.A.D.).   Councillor Decker

34. Congratulations and best wishes to the graduates of the Carey Program.   Mayor Simmons

35. Resolution on the death of Mary E. (Fitzgerald) McLaughlin.   Councillor Maher


ORDERS
1. That the City Manager is requested to locate and designate a suitable corner in the vicinity of Windsor Street and Harvard Street in honor of Lucien Christalin.   Mayor Simmons

2. That the City Manager is requested to confer with the Commissioner of Public Works to review all of the children’s play areas in city playgrounds to assure that the play equipment is in good repair.   Councillor Reeves

3. That the Mayor is requested to begin a discussion with Harvard University to explore opportunities to share cultural resources between the new Fogg Art Museum and the new Main Library.   Councillor Seidel

4. That the City Manager is requested to report back to the City Council with any updates to the Northpoint development.   Councillor Toomey

5. That the City Manager is requested to report back to the City Council on how actions by the MBTA to move Lechmere Station at their own cost will allow the City to open up further negotiation with the future owner of Northpoint.   Councillor Toomey

6. That the City Manager is requested to report back to the City Council with an update on plans to relocate the Department of Public Works.   Councillor Toomey

7. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation to provide parking in front of the new Lafayette Square to accommodate the businesses that have already endured hardships through the extensive construction phase and to report back to the City Council.   Councillor Toomey

8. That the City Manager is requested to confer with the Director of the Cambridge Redevelopment Authority to determine if the City and the CRA can partner in creating a dog park on Binney Street to serve the community needs for a dedicated dog park.   Councillor Toomey

9. That the Government Operations and Rules Committee of the City Council be and hereby is requested to hold a hearing over the summer with the City Manager to determine whether he is interested in extending his position as City Manager, what review process by City Council members will be and if the City Manager is planning on retiring, how the City Council will start the process of looking for both an interim and a new City Manager.   Councillor Kelley  Referred to Gov't Operations

10. That the City Manager is requested to report back to the City Council at the summer meeting on the use plans, supervision and maintenance plans and limitations of use for the new skate park in Danehy Park that is to become operational later this year.   Councillor Kelley

11. That the City Manager is requested to have relevant staff draft a sample ordinance amendment that would require for any building installing new air handling, cooling, heating or electrical equipment to have been measured to meet the City’s Noise Ordinance standards prior to issuance of a Certificate of Occupancy.   Councillor Kelley

12. That the City Manager is requested to report back to the City Council on all athletic organizations that receive any funding or in-kind support from the City to include participation rates broken down by age, gender, socio-economic status and any other relevant categories of information collected by the City.   Councillor Kelley and Councillor Seidel

13. That the City Manager is requested to confer with the relevant Department heads and report back to the City Council on the number, type, location, date and time of all formal enforcement actions involving excessive noise from January 2007 to June 2008.   Councillor Kelley

14. That the City Manager is requested to report back to the City Council on progress made in designating shared off-leash dog hours at certain locations throughout the city.   Councillor Toomey

15. That the City Council go on record strongly urging the Cambridge Housing Authority not to increase minimum rents for its federal public housing tenants.   Councillor Decker

16. That the City Manager is requested to explore the feasibility of providing tax relief or other incentives to owners of owner-occupied two and three family properties who would offer their rental units as affordable housing.   Councillor Seidel


17. Dedication of a suitable location in the vicinity of Washington Street and Columbia Street in honor of Lorraine Scott.   Mayor Simmons

18. That the City Manager is requested to confer with the Cambridge Housing Authority and request that they work with the Cambridge Police Department to quickly notify residents in the aftermath of violence acts in their neighborhood.   Councillor Decker and Mayor Simmons

19. That the City Manager is requested to confer with Chief Justice Mulligan and DCAM regarding future usage of all Middlesex County Courts in Cambridge, maintaining a physical presence in Cambridge of the Cambridge District Court and emphasizing the City Council's strong desire to keep Cambridge District Court in Cambridge.   Vice Mayor Murphy and Councillor Toomey

20. That the Department of Human Services and the Neighborhood and Long Term Planning Committee hold a hearing as a means of public update on the City's homelessness programs.   Mayor Simmons

21. That the City Manager is requested to investigate any and all assessing options that might be available to assist homeowners who find their property in the new flood plain and report back to the City Council on these options at the summer meeting on July 28, 2008.   Councillor Maher, Mayor Simmons and Vice Mayor Murphy

22. That the City Manager is requested to investigate and report back to the Government Operations and Rules Committee regarding the advantages and disadvantages of implementation of a 311 direct call system for citizen requests and complaints.   Vice Mayor Murphy

23. That the City Manager be and hereby is requested to report back to the Government Operations and Rules Committee on the feasibility of establishing a customer request system to enable members of the public to utilize email for requesting specified types of “fix-its”, for example, the issues for which the City maintains 24 hour hotlines for citizens to report problems.   Councillor Davis

24. That the City Manager confer with the City Solicitor to provide an update to the Government Operations and Rules Committee on the extent to which email between a city councillor and a private citizen is a public record, and whether there are distinctions based on whether the computer is the councillor’s private computer or a computer supplied by the City, whether the message was sent to the councillor’s City Council email address and then bounced to his or her private address by the city’s IT systems or sent directly to the councillor at his or her private address, and whether the subject of the email is a matter that is currently before the City Council or just a question that concerns city business or procedures but is not an item currently before the council.   Councillor Seidel

25. That the City Manager confer with the City Solicitor to advise the Ordinance Committee on the question of spot zoning with respect to the Kaya Ka zoning petition.   Councillor Seidel


COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David Maher and Vice Mayor Brian Murphy, Co-Chairs of the Government Operations and Rules Committee, for a meeting held on May 8, 2008 to determine the agenda of the committee and to prioritize discussion of items that have been referred to the committee.

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Veterans Committee, for a meeting held on Apr 30, 2008 to discuss coordination of veterans’ services with the Cambridge Health Alliance (CHA).

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves, Chair of the Human Services Committee, for a meeting held on May 15, 2008 for the purpose of receiving information about and discussing services in Cambridge for children and their families during early childhood.

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David Maher and Vice Mayor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on June 10, 2008 for the purpose of considering a proposed amendment to the zoning map to expand the boundaries of the North Massachusetts Avenue Overlay District by encompassing within the overlay district that contiguous part of any lot located in the Business C District that extends into any adjacent residential zoning district, and a proposed amendment to the Zoning Ordinance to allow the Planning Board, by special permit, to waive the transitional height and setback provisions, increase the Floor Area Ratio (FAR) allowed for hotel and motel uses and allow required accessory parking for the hotel to be located in more restrictive residential district portions of a lot.

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

Tues, June 24
2:00pm   The Public Facilities, Art and Celebrations Committee will conduct a public meeting to receive an update on present and future plans for the arts in Harvard Square and to discuss how Harvard Square Arts organizations can be further enhanced.  (Sullivan Chamber)

Wed, June 25
5:00pm   The Ordinance Committee will conduct a public hearing on a petition submitted by Alexandria Real Estate Equities proposing amendments in the PUD-3A, PUD-4C and PUD-4B Districts to the Zoning Map of the City of Cambridge in eastern Cambridge. This hearing to be televised.  (Sullivan Chamber)

Mon, June 30
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the traffic and parking issues involving 270-290 River Street.  (Sullivan Chamber)

Tues, July 1
1:00pm   The Human Services Committee will conduct a public meeting to continue the committee’s discussion of services in Cambridge for children and their families during early childhood.  (Sullivan Chamber)

Thurs, July 17
4:30pm   The Ordinance Committee will conduct a public meeting to continue discussion of the Kaya-Ka proposed zoning amendment to the North Massachusetts Avenue Overlay District in Porter Square.  (Sullivan Chamber)
5:30pm   The Government Operations and Rules Committee will conduct a public hearing on the City Council Rules for Public Comment.  (Sullivan Chamber)

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

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

Mon, Sept 15
5:30pm   Roundtable Meeting to discuss matters relevant to School Committee and City Council communication strategies. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

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

Mon, Oct 6
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

Mon, Nov 10
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     June 23, 2008
MAYOR SIMMONS
ORDERED: That the City Council dedicate a suitable location in the vicinity of Windsor Street and Harvard Street in honor of Lucien Christalin; and be it further
ORDERED: That the Assistant to the City Council be and hereby is requested to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-2     June 23, 2008
COUNCILLOR REEVES
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works to review all of the children’s play areas in city playgrounds to assure that the play equipment is in good repair.

O-3     June 23, 2008
COUNCILLOR SEIDEL
WHEREAS: Harvard University is currently in the design phase of an extensive renovation of the Fogg Art Museum which will include, when completed, a new state of the art building at the corner of Broadway and Prescott Street; and
WHEREAS: The City of Cambridge is in construction on a new Main Library building two blocks away at Broadway and Trowbridge Street; and
WHEREAS: Citizens of Cambridge as well as students from Cambridge Rindge and Latin School are expected to make extensive use of the new library; and
WHEREAS: All of these buildings taken together can be seen as forming the basis of a new urban cultural campus in close proximity to Harvard Square; and
WHEREAS: It is important that Harvard University continue to show its desire to be an active and positive contributor to the Cambridge community; now therefore be it
ORDERED: That the Mayor be and hereby is requested to begin a discussion with Harvard University to explore opportunities to share cultural resources between the new Fogg Art Museum and the new Main Library, with the understanding that each institution will be strengthened by participation with the other; and be it further
ORDERED: That this matter be referred to the Public Facilities Committee and to the Neighborhood and Long Term Planning Committee for further consideration in each committee.

O-4     June 23, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with any updates to the Northpoint development.

O-5     June 23, 2008
COUNCILLOR TOOMEY
WHEREAS: The MBTA is on a strict timetable for the Green Line Extension to move forward; and
WHEREAS: It has been made clear by the MBTA that plans for the new station to be built by the developers of Northpoint may be abandoned in order to meet their own obligations of the extension;
WHEREAS: The MBTA will relocate the station on their own if need be; and
WHEREAS: Zoning relief was granted to the developers based on the public benefit of a new Lechmere Station; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on how actions by the MBTA to move the station at their own cost will allow the City to open up further negotiation with the future owner of Northpoint; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the MBTA on what plans they have for the current station location if a land swap is to be avoided and to report back to the City Council.

O-6     June 23, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with an update on plans to relocate the Department of Public Works.

O-7     June 23, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation to provide parking in front of the new Lafayette Square to accommodate the businesses that have already endured hardships through the extensive construction phase and to report back to the City Council.

O-8     June 23, 2008
COUNCILLOR TOOMEY
WHEREAS: There are currently no designated off leash dog parks in East Cambridge; and
WHEREAS: The Cambridge Redevelopment Authority (CRA) still has significant land holdings in the East Cambridge neighborhood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Cambridge Redevelopment Authority to determine if the City and the CRA can partner in creating a dog park on Binney Street to serve the community needs for a dedicated dog park.

O-9     June 23, 2008  Referred to Gov't Operations
COUNCILLOR KELLEY
WHEREAS: The City Manager’s contract expires in August of 2009; now therefore be it
ORDERED: That the Government Operations and Rules Committee of the City Council be and hereby is requested to hold a hearing over the summer with the City Manager to determine whether he is interested in extending his position as City Manager, what the review process by City Council members will be and if the City Manager is planning on retiring in August of 2009, how the City Council will start the process of looking for both an interim and a new City Manager.

O-10     June 23, 2008
COUNCILLOR KELLEY
WHEREAS: The forthcoming skate park in Danehy Park promises to be an active and exciting place for children and adults of all types to meet, mingle and exercise; and
WHEREAS: This skate park will have equipment suitable for skateboards and, possibly, for in-line skates and BMX or other bicycles; and
WHEREAS: The use of this skate park by a variety of users has the potential to be a great community building tool if its rules and regulations are appropriate, widely understood and suitably enforced; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council at the summer meeting on the use plans, supervision and maintenance plans and limitations of use for the new skate park in Danehy Park that is to become operational later this year; and be it further
ORDERED: That the City Manager be and hereby is requested to also report back to the City Council at the same time on his understanding of the status of the larger skate park to be built in East Cambridge.

O-11     June 23, 2008
COUNCILLOR KELLEY
WHEREAS: New construction or renovations can result in mechanical equipment creating noise levels that violate the Cambridge Noise Ordinance; and
WHEREAS: Such noise violations can significantly reduce the quality of life for neighboring residents, especially at night; and
WHEREAS: The City’s enforcement program is generally complaint driven, despite the recently revised noise affidavit; and
WHEREAS: The lack of proactive enforcement puts neighbors in the awkward position of having to push for enforcement of the Noise Ordinance against their neighbors, who are often people who simply purchased property without realizing that there was a potential noise violation issue; and
WHEREAS: A more proactive approach by the City could help ensure that new equipment is in compliance with the Noise Ordinance and remove the enforcement responsibility from a property’s neighbors; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have relevant staff draft a sample ordinance amendment that would require any building installing new air handling, cooling, heating or electrical equipment to have been measured to meet the City’s Noise Ordinance standards prior to issuance of a Certificate of Occupancy.

O-12     June 23, 2008
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
WHEREAS: Both Cambridge Public Schools (CPS) and City programs provide sports opportunities for children; and
WHEREAS: Cambridge Public Schools has only information about children that participate in Cambridge Public School related sport events; and
WHEREAS: Many children in Cambridge do not attend Cambridge Public Schools; and
WHEREAS: City-sponsored sports events serve all the children in Cambridge during various non-school times; and
WHEREAS: Participation in sports is a key to success in a variety of academic and other school-related areas; and
WHEREAS: Cambridge Public Schools are trying to assess students’ levels of participation in sports, including non-Cambridge Public Schools sponsored sports programs, for a variety of reasons, to include trying to analyze the benefits of physical activity in the reduction of obesity, improved social interactions, and ties to academic performance; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on all athletic organizations that receive any funding or in-kind support from the City to include participation rates broken down by age, gender, socio-economic status and any other relevant categories of information collected by the City; and be it further
ORDERED: That if the development of this report is too complicated, that the City Manager be and hereby is requested to report back to the City Council on what type of information it does receive from City-sponsored or supported sports programs and in what format that information is gathered and how it is analyzed.

O-13     June 23, 2008
COUNCILLOR KELLEY
WHEREAS: Excessive noise from house parties, loud motorcycles, car radios and other sources can significantly decease residents’ quality of life; and
WHEREAS: There are relevant laws and regulations that are intended to limit such problematic noise issues; and
WHEREAS: The City has the authority and responsibility to enforce these laws and regulations; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads and report back to the City Council on the number, type, location, date and time of all formal enforcement actions involving excessive noise from January 2007 to June 2008; and be it further
ORDERED: That if the City Manager deems this information to be too difficult to obtain and distribute that he be and hereby is requested to report back to the City Council with his best estimate on such enforcement actions and an explanation on how relevant enforcement data is developed and analyzed.

O-14     June 23, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on progress made in designating shared off-leash dog hours at certain locations throughout the city.

O-15     June 23, 2008
COUNCILLOR DECKER
WHEREAS: The Cambridge Housing Authority (CHA) apparently plans to impose, for the first time, a minimum rent of $75.00 per month (plus electricity or gas) for one year and then between about $100.00 and $200.00 per month thereafter for its federal public housing tenants who have no income or low income (see attached letter); and
WHEREAS: This change in policy is likely to result in unaffordable rent and increased homelessness for a very vulnerable population; now therefore be it
RESOLVED: That the City Council go on record strongly urging the Cambridge Housing Authority not to increase minimum rents for its federal public housing tenants.

O-16     June 23, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to explore the feasibility of providing tax relief or other incentives to owners of owner-occupied two and three family properties who would offer their rental units as affordable housing; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council his findings in this matter; and be it further
ORDERED: That the matter be referred to the Housing Committee for further discussion.


O-17     June 23, 2008
MAYOR SIMMONS
ORDERED: That the City Council dedicate a suitable location in the vicinity of Washington Street and Columbia Street in honor of Lorraine Scott; and be it further
ORDERED: That the Assistant to the City Council be and hereby is requested to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-18     June 23, 2008
COUNCILLOR DECKER
MAYOR SIMMONS
WHEREAS: Acts of violence lead residents to speculate about incidents and can cause anxiety; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Housing Authority and request that they work with the Cambridge Police Department to quickly notify residents in the aftermath of violence acts in their neighborhood.

O-19     June 23, 2008
VICE MAYOR MURPHY
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with Chief Justice Mulligan and DCAM regarding future usage of all Middlesex County Courts in Cambridge, maintaining a physical presence in Cambridge of the Cambridge District Court and emphasizing the City Council's strong desire to keep Cambridge District Court in Cambridge.

O-20     June 23, 2008
MAYOR SIMMONS
ORDERED: That the Department of Human Services and the Neighborhood and Long Term Planning Committee hold a hearing as a means of public update on the City's homelessness programs.

O-21     June 23, 2008
COUNCILLOR MAHER
MAYOR SIMMONS
VICE MAYOR MURPHY
ORDERED: That the City Manager be and hereby is requested to investigate any and all assessing options that might be available to assist homeowners who find their property in the new flood plain and report back to the City Council on these options at the summer meeting on July 28, 2008.

O-22     June 23, 2008
VICE MAYOR MURPHY
ORDERED: That the City Manager be and hereby is requested to investigate and report back to the Government Operations and Rules Committee regarding the advantages and disadvantages of implementation of a 311 direct call system for citizen requests and complaints.

O-23     June 23, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to report back to the Government Operations and Rules Committee on the feasibility of establishing a customer request system to enable members of the public to utilize email for requesting specified types of “fix-its”, for example, the issues for which the City maintains 24 hour hotlines for citizens to report problems.

O-24     June 23, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager confer with the City Solicitor to provide an update to the Government Operations and Rules Committee on the extent to which email between a city councillor and a private citizen is a public record, and whether there are distinctions based on whether the computer is the councillor’s private computer or a computer supplied by the City, whether the message was sent to the councillor’s City Council email address and then bounced to his or her private address by the city’s IT systems or sent directly to the councillor at his or her private address, and whether the subject of the email is a matter that is currently before the City Council or just a question that concerns city business or procedures but is not an item currently before the council.

O-25     June 23, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager confer with the City Solicitor to advise the Ordinance Committee on the question of spot zoning with respect to the Kaya Ka zoning petition.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Government Operations and Rules Committee held a public meeting on May 8, 2008 at 11:15 A.M. in the Sullivan Chamber. The purpose of the meeting was to determine the agenda of the committee and to prioritize discussion of the following items that have been referred to the committee:
* Clearance Rate for the Cambridge Request System
* Public comment rules
* Renaming a portion of Plympton Street in honor of David Halberstam
* Process for City Council goal setting
* Public announcements during City Council meetings
* Status of email to an from public officials
* Paperless City Council agenda
* Job descriptions for City Council assistants

Present at the meeting were Councillor David Maher and Vice Mayor Brian Murphy, Co-Chairs of the Committee; Councillor Henrietta Davis; Councillor Sam Seidel; Councillor Timothy J. Toomey; City Clerk D. Margaret Drury; Deputy City Clerk Donna Lopez; and Sandra Albano, Assistant to the City Council. Present for the City administrative staff were Robert W. Healy, City Manager; Richard Rossi, Deputy City Manager; and Maryellen Carvello, Administrative Assistant to the City Manager.

Vice Mayor Murphy convened the meeting and explained the purpose. He said that Councillor Kelley had sent an email to explain that he could not be present and to provide his thoughts on topics for the committee (Attachment A). He then invited any members of the public who desired to comment on any of the items before the committee to do so.

Philip Cronin, 3 Lincoln Lane, stated that he is a trustee of the Harvard Crimson Trust. He introduced Frank Connolly, 67 Governors Avenue, Medford, and Malcolm Glenn, 240 Leverett House, Harvard student and president of the Harvard Crimson. Mr. Cronin noted that he had sent a letter to the members of the City Council to express the objections of the Trustees to the proposal to rename a portion of Plympton Street in front of the Harvard Crimson in honor of the late David Halberstam. Their objections include logistic issues as well as questions regarding the propriety of selecting one, albeit very distinguished, person from the many worthy recipients of this honor. Mr. Cronin said that he does not believe that David Halberstam’s widow would favor this action, and they are rather expecting that she will request that the petition be withdrawn.

Councillor Davis noted the suggestion of Robert Winters, 366 Broadway, of the possibility of an honorary name that does not change the official street name. She asked whether an honorary name would be less onerous. Mr. Connelly said that while it would be less onerous in terms of practical issues, there is still the problem with singling out one out of many possible recipients.

Vice Mayor Murphy explained that today’s meeting is to take a broad look at all items before the committee to determine the committee’s schedule. The order regarding the potential renaming of part of Plympton Street calls for a public hearing. Mr. Cronin said that they would prefer a fall hearing if possible.

It was agreed that a public hearing on the proposal would be set for the fall if the petition has not been withdrawn.

Vice Mayor Murphy then moved to the issue of the clearance rate for requests entered into the Cambridge Request System (CRS). He invited Councillor Davis to begin the discussion.

Councillor Davis said that she has a list of CRS items that she submitted and that have not been cleared. Thirteen have been pending since March 2007. She asked whether the CRS is really working reliably enough so that City Councillors can use it instead of reverting to "fix-it" orders for constituent requests for problems like potholes.

Mr. Rossi reported that the Department of Public Works has received 21,000 requests for service since the CRS system was initiated, and has cleared 20,000 of those requests. Mr. Rossi said that some problems cannot be fixed. In these cases, the Councillor is notified by letter.

Councillor Maher requested that Mr. Rossi describe what happens to a CRS request. Mr. Rossi said that the requests are entered into the system by many different people: They could come from councillors, from council staff on behalf of councillors, from the Mayor’s Office. When the request has been entered, the system has the capability of generating a letter from the councillor to the constituent who made the initial request. CRS entries go to the appropriate department and are assigned by supervisors to individual workers. A completion date is part of the assignment. When the work has been completed, the CRS computer entry is updated, and Maryellen Carvello generates a letter from the City Manager to the particular councillor to report the results, which the councillor can then send to the constituent.

Mr. Rossi suggested that there be a meeting of the City Councillors who use the system and/or those who want to learn how to use the system with the staff to go over the procedures. All present agreed on this approach.

Councillor Maher asked whether, in the case of unanswered and unsolved requests, someone gets back to the original requestor. Mr. Rossi said the answer is sometimes yes, sometimes no. The CRS is designed to provide notices of requests that are overdue, and then it is up to the human being, the supervisor who receives the system-generated notices to follow up. Councillor Maher said that if he were the one using the CRS system, he would not want to wait two years for a response that the City cannot do the work requested. Mr. Rossi said that he City could look more closely at a city department that has a lower volume of requests and does not have a great response record and analyze the reasons for the current response record and what could work better.

There was some discussion of whether citizens could enter complaints directly, but it was agreed that a full discussion of this issue would need to involve Mary Hart, the Director of the IT Department. Vice Mayor Murphy said that he would like to see the City of Cambridge move to a 311 system. He made the following motion:
ORDERED: That the City Manager be and hereby is requested to investigate and report back to the Government Operations and Rules Committee regarding the advantages and disadvantages of implementation of a 311 direct call system for citizen requests and complaints

The motion passed on a voice vote without objection

Councillor Davis made the following motion:
ORDERED: That the City Manager be and hereby is requested to report back to the Government Operations and Rules Committee on the feasibility of establishing a customer request system to enable members of the public to utilize email for requesting specified types of "fix-its", for example, the issues for which the City maintains 24 hour hotlines for citizens to report problems.

The motion passed on a voice vote without objection.

Thereupon the committee took up the topic of public comment and agreed to

schedule a public hearing during the month of June to review the rules on public comment.

The committee also decided that they would hold the issue of public announcements during the City Council meeting in committee for discussion at the public hearing to review the rules on public comment.

The committee then moved to a discussion about a process to consider the City Council goals in the fall of 2008. It was agreed that the committee would recommend that the City Council authorize the Government Operations and Rules Committee to utilize a process similar to the process which has been use in past years. The process would begin with the preparation of the citizen satisfaction survey, a statistically accurate telephone survey done, which has been done in conjunction with the goal-setting process every other year since 2000. Mr. Rossi noted that the firm that designed the survey, Opinion Dynamics, has emphasized that in order to be statistically useful over time the questions must stay the same, although one or two new questions could be added. A copy of the last survey will be circulated to members of the City Council with the request that they make any changes or suggestions and return them to the Chairs of the Government Operations Committee within a week. The survey would then be prepared and administered in early September. In early October the Government Operations and Rules Committee would hold a public hearing to receive a presentation on the results of the survey and to take public comment on the survey.

There was discussion about how members of the public could provide their comments on the City Council goals.

Councillor Murphy said that he believes the best information about what the City Council goals should be comes from the survey results.

Councillor Davis said that she would rather there be a big town meeting discussion. Mr. Rossi said that the best results from the town meeting type of meetings have come from meetings that have been topic-related, for example, the senior town meeting and the energy town meeting.

Councillor Murphy noted that the public safety meetings were not well attended. He added that the goals have been quite similar for the past several years, and he believes that this pattern will continue. He said that he would like to see the City Council look inward at what are the City Council’s goals in terms of effectiveness and working together.

Councillor Seidel said that he would like to see the City Council do some of the City’s business outside of City Hall.

At this time the Co-Chairs recognized Mr. Winters for additional public comment. Mr. Winters suggested that there be topic-oriented town meetings, with the subject matter following the general divisions of the council committees and administrative departments, for example a public safety town meeting, with the City Council Public Safety Committee and the public safety administrative staff.

Mr. Rossi added that such meetings could also be based on the particular goal that relates to the council committees and administrative staff at the meeting. There could be a short presentation by the committee members, a short presentation by administrative staff, and then an opportunity for citizens to provide their comments and suggestions.

Councillor Maher said that the upcoming goal setting will need to take place in the early fall and be completed in time to provide feedback to the City Manager for the budget message and guidelines that he will deliver to the administrative staff in mid-November. However, the Council goals could include a new initiative to have these town meetings throughout the next year.

Councillor Davis agreed. She noted that the meetings could be scheduled to take place over the next two years and could encompass all of the major council goals.

Councillor Maher suggested that the presentation of the survey results take place at an evening hearing that would provide an opportunity for the public to give testimony on the survey results and on their suggestions for the City’s goals. The Government Operations Committee agreed to this proposal and also agreed that outreach for this hearing should include invitations to all of the members of the City’s boards and commissions.

The committee then discussed the structure for the City Council’s goal setting. It was agreed that the meeting should be an offsite public meeting.

Councillor Murphy questioned the value of spending money on a facilitator. He said that the City Council has too many goals and that the goals, which include everything possible, will probably be the same this time.

Councillor Davis said that the goals serve a really good function with regard to the organization of the budget. The way that the City Manager’s staff relates the goals to the work of their departments allowed her to see that there needs to be work on reaching a common understanding of the meaning of the goals "fostering community" and "valuing diversity." An expert could be very helpful in this. Councillor Maher said that if the Council wants to do a one-day review of the goals – here we are, how are we doing? – a professional could help the Council get to where they want to end up.

Councillor Seidel suggested that perhaps the Council wants to think about these goals as a strategic plan, over the next five years, for example. Councillor Davis said that the Council has exhibited the most interest in big issues, the areas of energy and seniors, over the last several months. Councillor Seidel said that is exactly what a strategic plan can do; it can help the Council make choices. Councillor Murphy said that the Council tends to say yes to everything.

Councillor Maher said that the process of developing a strategic plan does make the participants make those choices.

The committee then moved to the issue of a paperless agenda. Councillor Murphy noted that the City Manager has provided a response to the order requesting him to look into the feasibility. A copy of that response is attached to this report (Attachment B).

Councillor Davis said that she has aging eyes and she could not read online the volume of material that the average agenda entails. She said that the School Committee has switched to a paperless agenda, and it might be useful to wait and see what issues need to be considered in making a successful transition.

Councillor Toomey suggested leaving the matter up to the individual councillors. If they don’t want to get paper copies, they can follow the agenda online on a laptop computer. The agenda is already online. Councillor Maher said that if the expectation is that the Council will utilize a paperless agenda, then they will need to have laptop computers to participate. There is currently a lack of clarity with regard to whether this is something that the City provides to City Councillors. He added that many communities are going to paperless agendas, and there really is a significant issue of training involved. Councillor Murphy suggested that the committee should see some research on what other communities are doing in this regard.

Councillor Seidel asked what issues of public documents and privacy concern are raised by the City Council using city computers for their council work. Are the issues different if private computers are used for city council email and other council work? Is there any way that a member of the public and a city councillor can have an email discussion that is not a public document about an issue that is or may come before the City Council?

Councillor Seidel made the following motion:
ORDERED: That the City Manager confer with the City Solicitor to provide an update to the Government Operations and Rules Committee on the extent to which email between a city councillor and a private citizen is a public record, and whether there are distinctions based on whether the computer is the councillor’s private computer or a computer supplied by the City, whether the message was sent to the councillor’s City Council email address and then bounced to his or her private address by the city’s IT systems or sent directly to the councillor at his or her private address, and whether the subject of the email is a matter that is currently before the City Council or just a question that concerns city business or procedures but is not an item currently before the council.

The motion passed on a voice vote without objection.

Councillor Maher and Vice Mayor Murphy thanked those present for their participation. The meeting was adjourned at 1:05 P.M.

For the Committee,
Councillor David Maher, Co-Chair
Vice Mayor Brian Murphy, Co-Chair


Committee Report #2
The Veterans Committee held a public meeting on Wed, Apr 30, 2008 at one o’clock and two minutes p.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss coordination of veterans’ services with the Cambridge Health Alliance (CHA).

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Councillor David Maher; Robert Stevens, Director of Veterans’ Services; Michael Buckley, Special Assistant to the CEO of the CHA; Dr. Ruth Barron, Director, Adult Outpatient Psychiatry, CHA; Janet M. Dunphy, RN, Case Manager and Social Worker, CHA; and Deputy City Clerk Donna P. Lopez.

Councillor Kelley convened the meeting and stated the purpose. This meeting is to try to get a better understanding of what services are available, HIPA, the number of veterans being served now and what the city can do to serve the veterans better.

Mr. Buckley stated that the CHA is interested in helping veterans. He mentioned a meeting held on Mar 22, 2005 by the Veterans Committee on this subject. The CHA complies with the HIPA regulations, which limit sharing information about patients. He had some ideas about marketing brochures and other ways to share information and he would find a way to link Ms. Dunphy and Mr. Stevens together to refer patients to Veterans Services just as they refer patients to other services. There are no plans to negatively impact veterans care; the quality of care for veterans will remain. Patients are not asked if they are a veteran so it is a guess how many patients are veterans. In the rehab area patients may share information about whether they are a veteran. It is difficult to record this information due to the fact that a patient could be a senior citizen who is also a veteran. Over a nine month period, from July 1, 2008 to Mar 30, 2008, the CHA treated a total of 176 patients for 307 visits; this includes both hospital and ambulatory care and is a very small percentage of CHA’s overall visits.

Councillor Kelley questioned whether patients are asked if they are a veteran in the emergency room. Mr. Buckley responded that patients are only asked this question in the Psychiatry Department. Ms. Dunphy added that if a patient has Medicare the veteran question is asked. Mr. Stevens commented that statistically it would be good to track veterans if the question could be asked of all patients.

Councillor Kelley commented that the major focus aimed at by Veterans’ Services Department is the indigent. Mr. Stevens stated that any information on veterans is helpful. He would like information on veterans on Mass. Health or the Health Safety Network because his office could provide financial assistance medical services. If a patient does not have health insurance the CHA assists patients in filing a Mass. Health application. The Veterans Services picks up the health cost exclusive of Mass. Health. If the indigent veteran were identified and has Mass. Health he would like this information passed on to his office. He suggested distributing a veteran’s brochure outlining services provided when an intake is conducted or ask the veteran to sign a release form and refer to his office. Besides medical assistance, Mr. Stevens’ office can assist eligible veterans with housing allowance, heating allowance and so forth. In a response to a question by Councillor Kelley Mr. Stevens stated that coverage by Mass. Health indicates low income while Health Safety Network is free care. Mr. Buckley stated that the CHA offers financial counselor assistance. Ms. Dunphy stated that if a patient has financial issues they are referred to a financial counselor. A veterans services brochure could be given out and referral to Veterans Services Department.

Mr. Stevens stated that there were two issues:
1. Getting information about Mr. Stevens’ services to CHA patients who are veterans; and
2. Identifying veterans who are getting CHA services.

Mr. Buckley asked Mr. Stevens what other benefits could be received by a veteran. Mr. Stevens responded non service connected pension, disabled veteran or person 65 years or older are eligible for $1,000 per month. World War II veterans have disability ratings from the VA; they are assisted to receive additional disability. There is no income guideline for service connected disability. In fact, as any veteran ages and their disabilities get worse, their disability pay may be increased if the worsening physical condition is properly documented. Mr. Stevens’ office has a 90% success rate in increasing such benefits. There are eight different categories for eligibility into the VA health care system.

A discussion ensued about health care at CHA versus VA. If veterans were served by the VA, it might save the CHA money, depending on type of reimbursement CHA receives for services. Mr. Buckley stated that the CHA maintains quality care for all patients.

Dr. Barron outlined her survey of veterans. Telephone survey of intake patients. The question is asked if patient is a veteran. Since 2005 there have been 258 calls made. The impact of military service on psychiatry could be on the service member, children or spouse. Of the 258 calls 76% (197) were seen in psychiatry; 50% (19) did not result in visit and 4% (11) were treated in the trauma clinic.

Councillor Kelley asked where the intake calls took place. Dr. Barron responded the calls were in the out-patient or referred by PCP or patient. In a portion of the survey there is no connection to military service or direct link to the veteran. There was a 63% in the affirmative that the patient did service in the military, not necessarily the US military. Mr. Stevens’ services only cover people who served in the US military. There were five people who were dishonorable discharged. Dr. Barron asked Mr. Stevens if these five people were covered by the Veterans’ Services. Mr. Stevens responded in the negative, but the Veterans’ Services Department could assist them in having their discharge upgraded. Dr. Barron asked Mr. Stevens if veteran can receive service at the VA. Mr. Stevens stated that a veteran may opt not to go to VA. Veterans seeking mental health service will increase in the future. CHA staff stated that CHA has expertise in treating trauma, but not in treating combat related trauma, though they would be interested in setting that sort of treatment up if there were enough interest. Mr. Stevens noted that the VA has specific programs aimed at PTSD and asked if the CHA had any such programs. He asked Dr. Barron if there was a collaboration developed between the CHA and the Mr. Mel Tapper, State Veterans Administration from the meeting held in 2005. Dr. Barron stated that she would be pleased to connect with Mr. Tapper.

Councillor Maher asked Mr. Stevens how many residents are in Afghanistan or Iraq. Mr. Stevens stated that he did not know. Upon discharge the armed services notifies the state of Massachusetts. Since 911 less than 100 residents have served in Iraq.

Councillor Maher asked if outreach is done to veterans. Mr. Stevens responded in the affirmative if a DD214 is issued. Councillor Kelley asked why the DD214 would say Cambridge. Mr. Stevens responded if Cambridge is the home of record or the mailing address of the veteran after the tour of duty to include getting off of active duty after an active tour in the National Guard or Reserves. If a person’s DD214 has the home of record as being Cambridge, it is still possible that the veteran may not return to Cambridge or that a veteran could come to Cambridge even though the DD214 may have the home of record as being someplace else. Mr. Stevens would not know about this latter group. Councillor Maher asked if there are support groups. Mr. Stevens stated that if a person is a member of the reserve or National Guard there are family support groups.

Councillor Kelley stated that veterans are falling through the system because the veteran question is not asked. Mr. Stevens stated that it would be helpful if the CHA system could ask patients if they were a veteran or a surviving spouse, who may be 100% eligible for their deceased veteran spouse’s benefits, then give out a brochure that outlines the services available. He asked that the veteran who is being assisted by the financial counselor be apprised of the financial and medical benefits, to include out of pocket prescription costs, provided by the Veterans’ Services. This clientele, he felt, are not aware of these benefits. Medicare Part B and D and insurance premiums are paid. Is surviving spouse eligible if veteran is not alive asked Councillor Kelley? Mr. Stevens stated that the surviving spouse if eligible if they have not remarried.

Councillor Maher asked if there is an objection to this happening at the CHA. Mr. Buckley stated that this is happening in the Psychiatry Department and that it seemed like more of an administrative issue and that CHA would be happy to put up posters, fliers, etc. Councillor Kelley clarified that if a patient has insurance the question of whether the patient is a veteran is only being asked in the Psychiatry Department. Councillor Maher asked is there a systematic change at CHA to prevent asking the question about veterans. Dr. Barron stated that there are many clinics at the CHA; it is a much bigger problem than the CHA. A public service announcement has been done by the Veterans’ Services Department stated Mr. Stevens. Massachusetts is the only state that is offering this service. Dr. Barron asked Mr. Stevens to provide posters to the CHA. Mr. Stevens asked if the veteran question could be added to the CHA data base. Councillor Maher stated that once the information is gathered intake needs to know to make the referral to the Veterans’ Services. A great place to start this may be at the financial counselor. Who pays for the posters/flyer/brochures, asked Councillor Maher. The city would have to pay stated Mr. Stevens, though the State has generic outreach information he passes out. This information is in the city-wide newsletter and the City View, but it is not placed in the Tax Facts brochure. Notices were sent to the Senior Centers and the Veterans Services Department picked up three new clients. Councillor Maher suggested a mailing to the Marsh Post and the Mt. Auburn VFW to capture the veterans. Mr. Steven informed the committee that he has made presentations at these locations and the Senior Center and various homeless providers, but only got three new clients. Still, he said, three new clients are three new clients. A lot of veterans do not know that Mr. Stevens can act as their agent, as various other advocacy groups can. Also, many Post members do not live in Cambridge, though and his services are only available for Cambridge residents, residents of other towns must access services through their respective Veterans’ Services Department.

Councillor Kelley stated that the starting point would be for the CHA to ask the question regarding veterans and point to the benefits available. Ms. Dunphy asked if prescriptions are covered. Mr. Stevens outlined the income level and the asset guideline as follows:
Single income: $1733
Married income $2033
Asset $1600 in bank without life insurance
$3200 in bank without life insurance.

There are asset guidelines that help define eligibility, but real estate does not count.

Ms. Dunphy questioned the health care for the homeless. Mr. Stevens responded that $167 stipend per month is provided if homeless and medical is provided. Mr. Stevens pointed out that the key to increasing disability pay is having good medical records.

Councillor Maher asked how many veterans there are in Cambridge. There are 2,000 veterans in Cambridge according to the census stated Mr. Stevens, though he expressed concern that the census data may not be very accurate. There is also information in the assessor’s database concerning surviving spouse abatements. There are 92 veterans that utilize veterans services; an increase of 20-22% in the last two years due to the cable TV advertisement. Clients come and go, so the number served over the course of a year exceeds 100. Councillor Kelley asked if the census number captures the number of veterans. Mr. Stevens stated that if people respond to the census. It however does not capture the homeless. In 2005 a veteran form went out with the city census. The World War II veterans are decreasing at a rate of 1,000-2,000 per day.

Councillor Maher informed Mr. Stevens if there is not adequate money in the budget to let the City Council know. He suggested that placing on the form at intake the question "Are you a vet?" Cambridge residents would you like to receive information from Veterans’ Services on the benefits available to you – contact Veterans’ Services Department. Mr. Stevens noted that Cambridge-focused brochure may not be relevant for CHA since so many of their patients are not Cambridge residents.

Councillor Kelley stated that Korean War veterans are in the hospital for a lengthy stay. Could visitations be developed for these veterans? Mr. Buckley stated that the volunteer services director at CHA will be consulted to formalize this procedure.

CHA will get back to Councillor Kelley on this matter. There may not be enough veterans in CHA to warrant setting up such a support service.

Mr. Stevens commented on HIPA and stated that a religious preference is asked at the hospital; why not veteran status.

Dr. Barron asked Mr. Stevens for an e-mail so that the clinicians and support staff would be updated on veteran’s benefits. Mr. Stevens responded that he would provide Dr. Barron with the information.

At the conclusion of the meeting Councillor Kelley outlined the follow up:
Mt. Stevens will meet with the financial counselor at the CHA;
Outreach and/or mailing to be done to veterans; and
The committee will meet in three months for an update on this matter.

Councillor Kelley thanked those present for their attendance.

The meeting adjourned at two o’clock and thirty-five minutes p. m.

For the Committee,
Councillor Craig Kelley, Chair


Committee Report #3
The Human Services Committee conducted a public meeting on May 15, 2008 beginning at 1:10pm in the Sullivan Chamber. The meeting was called for the purpose of receiving information about and discussing services in Cambridge for children and their families during early childhood.

Present at the meeting/hearing were Councillor Kenneth E. Reeves, Chair of the Committee; Vice Mayor Brian Murphy; Councillor Sam Seidel; Mayor E. Denise Simmons; and City Clerk D. Margaret Drury.

Also present were Ellen Semonoff, Assistant City Manager for Human Services; Jacqueline Neel, Deputy Director, Department of Human Service Programs (DHSP); Lei-Anne Ellis, DHSP; Jake Murray, DHSP; Mary Wong, Executive Director, Kids’ Council, DHSP; Michelle Godfrey, Center for Families; Susan Richards, Agenda for Children, DHSP; Lauren Leiken, Agenda for Children, DHSP; Carolyn Turk, Assistant Superintendent, Cambridge Public School Department (CPSD); Jessie Wenning, Kindergarten Grant, CPSD; Lynn Hall, CPSD/CCPL; Jen Bailey, Childcare Resource Center/CPSD –Transitions; Mary Rita Weschler, King School, CPSD; Claire Koen, CPSD/Family Liaison; Ellen Wolpert, CCPC; Meg Gray, Childcare Resource Center; Robert Haas, Cambridge Police Commissioner; Lieutenant Leonard DiPietro, Cambridge Police; Claud Alix Jacob, Chief Public Health Officer; Dr. Karen Hacker, Institute for Community Health, Cambridge Public Health Department; Daryl Mark, Cambridge Public Library; Frances Rowley, the Guidance Center; Hope Kelley, 0 to 8 Council; Amoretta Morris, Harvard Kennedy School/Kids’ Counci;, John Clifford, "Research Assistant" and bootlicker to Councillor Kenneth Reeves; and Barbara Kibler, Director, Margaret Fuller House.

Councillor Reeves opened the meeting and explained the purpose. He invited Ms. Semonoff to begin the discussion. She said that there has been a great deal of collaboration among the early childhood service providers, and the increasing attention being paid to early childhood issues is very exciting for the early childhood service providers. Ms. Semonoff said that today the committee will see a presentation on the array of services and help available to the families of young children—what a family can access when the system works, followed by a discussion of the challenges and obstacles that can get in the way.

Ms. Semonoff then introduced Lauren Leiken, and Daryl Marks, Co-Chairs of the 0 to 8 Council, to make a presentation entitled "Sarah and James" (Attachment A). The scenario tracks Sarah, a high school graduate and single parent, and her son James from when Sarah finds out that she is pregnant and is referred to the Guidance Center’s Early Intervention Partnerships program (EIPP) for prenatal education and support through all of the services and assistance that Sarah was able to access during James’s first five years and that brought James to his first kindergarten class ready and able to learn.

Lei Ann Ellis then presented information about what happens when the system does not work (Attachment B). One way of classifying family health is across a continuum running from "In Crisis," "Vulnerable," "Stable," and "Thriving." A variety of factors such as childhood education and care, out-of-school time care, adult education, employment, housing, health and mental health, basic needs and finances . Getting the services the family needs at the time they are needed can make the difference between whether a family continues to thrive or goes into crisis. The major reasons for failure of the system are problems with getting access to the existing services, a disconnect between demand and supply or a lack of coherence in the provision of services for families that need multiple services. Intentionality in developing a seamless web of high quality services could help. Tracking families from birth to age 5 and having repeated contact with families would be a part of this intentionality.

There was a discussion of the access issues. Parents may not be aware of how to find information about available resources. English language learners may not have access to information in their language, in the places they frequent and from trusted sources. Families’ cultural practices may be different from those of the mainstream culture, and parents and caregivers who have no positive experiences getting resources may not be motivated to do so. Ms. Leiken added that even when the information is technically available, getting parents to successfully access services is mostly about developing relationships with them. That is why the Community Engagement Team was formed and why the Pathways to Successful Families program makes relationships central.

Mayor Simmons said that she is very interested in "connecting the dots," to connect the services and information that are needed at every transition, for example from pre-school to kindergarten.

Ms. Ellis said that it should be possible to extend DHSP’s system of having every parent they connect with fill out a form and enter their information. It is a question of intentionality.

Councillor Reeves noted the interesting model of Geoffrey Canada’s Harlem Children’s Zone (HCZ). HCZ adopted a ten-block area and set goals for all of the families in this area. HCZ currently has $50 million in grant money. He asked how Cambridge could serve every child who needs services.

Vice Mayor Murphy asked whether, given that we do not have $50 million, there duplicative services.

Councillor Reeves asked Vice Mayor Murphy what services he took advantage of when his children were ages 0 to 5. Vice Mayor Murphy said that his family took full advantage of the Library’s services and did not use any other services.

Councillor Reeves said that there is brilliance in the Center for Families program and their outreach to families. How can that be extended to other areas of Cambridge. Ms. Semonoff said that the Center for Families has extended the community play groups. These play groups started at the Center for families and now the service is citywide, with 13 drop-in playgroups in various locations around Cambridge. The question is what are we trying to do and are we trying to serve everyone.

Vice Mayor Murphy said that he would say no, we are not trying to serve everyone. If our goal is kindergarten readiness, then we have to focus on the children who are at risk of not being ready for kindergarten. That does not mean that other families get no services, but they cannot be the focus. Ms. Semonoff described the Pathways to Family Success program. It is a very small program, with staff connected to particular families to help them get the services they need.

Dr. Hacker said that the challenge in the "wrap your arms around the child and the family" model is that we still do operate on the notion that the individual needs to find the services. Lots of people do not want the details of their lives in one government database. Councillor Reeves agreed that most of our residents probably would not accept the Swedish concept of a government that knows and tracks so many aspects of its citizens’ lives.

Vice Mayor Murphy said that some parts are more easily assembled than others. There should not be a disconnect between the DHSP out-of-school-time programs and the public schools. There must be intentionality in what is set for a goal. He suggested setting goals for where we want all Cambridge children to be by first grade, mapping out the services necessary to achieve that goal and evaluating regularly the progress towards meeting the goal and providing the services necessary to meet the goals.

Councillor Seidel asked what part of this is policy and what part is administration. Ms. Semonoff said that setting the goal and the desired outcomes are policy matters. If the goal were kindergarten readiness, then the question for administrators becomes what would it take to increase kindergarten readiness by a certain percentage. That in turn requires subsidiary policy decisions. For example, right now the fact that a family accesses one DHSP service does not give that family an advantage when they are applying for another service for which there is a greater demand than supply. This is very different from the Harlem Children Zone approach, and if we had a goal of a certain outcome by kindergarten, we could link services differently, the way we do now with the Pathways to Family Success program.

Ms. Rowley emphasized the importance of defining kindergarten readiness more broadly than having acquired a certain level of vocabulary skills. It is essential to have a definition that takes into account the whole child and the variety of competencies that a child must have to be ready for kindergarten.

Ms. Koen noted that budget constraints are already a problem and can get much worse. She said that she is a family liaison for the school department and in the past, the CPS Family Resource Center used to make a lot of the connections for services, but its budget has been cut. Now she does not even know if a child is homeless.

Claud Alix said that his questions relate to assessment of the gap – how do we know who is missing out, and how much can we handle as a "village raising the child"? What do we pay attention to as necessary to achieve the goal?

At this time, Councillor Reeves thanked all those present for their participation. The meeting was adjourned at 2:56 PM.

For the Committee,
Councillor Kenneth E. Reeves, Chair


Committee Report #4
The Ordinance Committee held a public hearing on Tues, June 10, 2008 beginning at 4:40pm in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the zoning map to expand the boundaries of the North Massachusetts Avenue Overlay District by encompassing within the overlay district that contiguous part of any lot located in the Business C District that extends into any adjacent residential zoning district, and a proposed amendment to the Zoning Ordinance to allow the Planning Board, by special permit, to waive the transitional height and setback provisions, increase the Floor Area Ratio (FAR) allowed for hotel and motel uses and allow required accessory parking for the hotel to be located in more restrictive residential district portions of a lot.

Present at the hearing were Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Committee; Councillor Sam Seidel; Councillor Kenneth E. Reeves; and City Clerk D. Margaret Drury. Also present were Les Barber, Director of Zoning and Land Use Planning, Community Development Department (CDD); Stuart Dash, Director of Community and Neighborhood Planning, CDD; and Taha Jennings, Neighborhood Planner, CDD.

Councillor Maher convened the meeting and explained the purpose.

Michael Kee, DME Architects, presented the petition (Attachment A) on behalf of the owner of the property Mr. Min Soo Kim. Mr. Kee said that they first applied for a variance from the BZA, and were told that by the BZA they should petition for a zoning change. They are proposing a rezoning that will allow them to build a hotel on the site. It is in a BC district which would allow a hotel, but there is a problem with the FAR. The hotel that is closest to what they are proposing is the Kendall Hotel, although the Kendall Hotel is bigger. He described the rationale for choosing to work within the Massachusetts Avenue Overlay District, as being for the purpose of limiting any unintended consequences for other neighborhoods. The base zoning of the proposed site is split, half Business C and half Residential. They do not intend to build on the residential site. They are proposing to meet the transitional requirements from the commercial to the residential by creating open space, a park. They are willing to put their parking underground beneath the residential portions of the site. A copy of their proposal is attached (Attachment C).

They are requesting 1.6 FAR for the hotel. It would still be the smallest hotel in Cambridge. They worked with the Porter Square Neighborhood Association to calculate what FAR could be built as a residence on the residential site. The FAR they are proposing is less than the FAR that could be build by right on the residential site. In the range of FAR in the BC Districts, the proposed hotel would be at less than one half. Mr. Kee noted that in response to a suggestion from the Porter Square Neighborhood Association, they have set the building 15 feet back from the street (although no setback is required) and they have also set back the fifth floor.

Mr. Kee said there have been concerns raised that he would like to address. One is traffic. They had a traffic study done by a consultant, and the consultant concluded that the worst case scenario would be the addition of 12 cars during peak hours. Experts have concluded this is insignificant in the 2000-3000 cars per hour that passes the site now.

At this time, Councillor Maher invited public comment.

Adrienne Bishko, Cambridge, said that generally she favors a hotel but altering the overlay to accommodate one developer sets a bad precedent. She also has concerns about the hotel’s business plan. They will charge $200.00 plus per night. The Neighborhood Nine and Agassiz Neighborhood Associations should have a choice to participate in the discussion.

Gordon Moore, 9 Rutland Street, stated that he also has some reservations about the proposed hotel room rate. The BC Zoning and the Massachusetts Avenue overlay have worked well. This is really spot zoning. He stated that although it looks like a simple zoning change, it could have unintended consequences in other parts of Cambridge. He gave the example of the old Harvard Square Inn. If they had this opportunity, the result would have been much less advantageous for the City. He also has concerns that if the only possible use can be a hotel, what happens if the hotel does not succeed?

Eric Rayburn, owner of 37-39 Porter Road, spoke in support of the proposed hotel. The proposal would be much better than what is there now. If the owner cannot build and instead sells the property, there is the potential for a much worse development. This plan would give green space to his tenants, and they would enjoy the amenity.

Nancy Cole, 5 Porter Park, stated she and her spouse and daughter have lived there since 1982. Their house is ten feet from the restaurant and the house abuts the parking lot. She spoke in support of the proposal. Underlying their opinion are assumptions that this is very attractive property and could be developed. Mr. Kim has been a very responsible neighbor. Before he purchased this property there were severe noise problems. When Mr. Kim bought this property, he reached out to the neighbors and promised to address any noise issues and he kept his promise. In their opinion, a residential development, which would be allowed as-of-right, is the least attractive of all of the options, and the proposed open space for the residential part of the property is the most attractive.

Ed Severino, 44 White Street, Somerville, stated that he has been a resident and business man in this area for many years. There have been three great projects in the last 20 years- the MBTA Red Line, Star Market and the Sears Building. This too will be a great project.

Frank McGrail, 17 Orchard Street, stated that he was involved in opposing the Long’s Funeral site. It was a disaster. He is opposed to this proposal as well. There is too much traffic. He has 52 names on a petition against this project. A hotel should go to the Faces site out on Route 2 near the Alewife Brook.

John Howard, 8 Cogswell Avenue, stated that he is president of the Porter Square Neighborhood Association but was not speaking officially on behalf of the association. Their concerns relate to the zoning amendment. The proposal is written to impact the overlay district but the changes are to the base zoning. This would be better done as a special permit from the BZA not the Planning Board.

Steven Diamond, 61 First Street, said that he is generally quite impressed by the proposal. It is a good use of the site, particularly in view of the other possibilities. He does have some concerns. It sets a bad precedent to have a proposal tailored for a developer. Also, the Agassiz and Neighborhood Nine neighborhood associations were not involved in the discussion. They are strongly opposed to the general changes to the overlay district. They question is what might be the underlying consequences for other properties for which development is planned.

Serena Fix, 16R Bowdoin Street, stated that she lived across from the Sheraton Commander and she never experienced a traffic problem caused by the hotel. She enjoyed living close to an upscale hotel. She supports this proposal.

Catherine Park read a statement from Mr. Kim in support of the proposed amendment (Attachment B).

Stash Horowitz, Florence Street, stated that this petition does sound like spot zoning. He read from the Planning Board transcript the concerns of one Planning Board member about traffic and FAR. He urged the City Council to reject the proposed amendment.

Constance Eggers, 47 Porter Road, said that many of those who oppose the petition do support change. She agrees that this protest by neighbors is a result of the owner not addressing the concerns of the neighbors. She is against the proposal and would like Mr. Kim to address the geotechnical studies, traffic studies. She is also concerned about how much of the park area will end up being a ramp. Giving up the residential buffer is a big mistake.

William Bloomstein, 16 Crescent Street, spoke in opposition, because this will "open up a can of worms" and set an unnecessary precedent. The project sounds good, but he is concerned about the possible unintended consequences.

Blake Allison, 159 Mt. Auburn Street, said that his architectural firm is a tenant in the building next door. If this proposal is accepted, there needs to be thought and definition of "substantial dedication to open space." The amendment should have language that would require that a buffer zone be maintained, a set back of the underground parking from the property line, a set back of the ramp, fencing requirements, stringent requirements for what kind of landscaping will go over the parking. There is also likely to be an effect of the underground parking development on abutting structures so there is a real need for a geotechnical study and protection for trees.

Kwanghyun Yoon, 57 JFK Street, spoke in support of the proposal. It would be a beneficial change. People are always resistant to change, but this is a good project. We need a hotel.

Councillor Maher invited questions or comments from the members of the City Council.

Councillor Seidel, asked Mr. Barber about the spot zoning issue. Mr. Barber said that spot zoning is not a simple issue. Often there could be a particular benefit to a particular owner; the question is whether the proposal is for a general benefit to the public, a prevailing public interest.

Councillor Seidel made the following motion:
ORDERED: That the City Manager confer with the City Solicitor to advise the Ordinance Committee on the question of spot zoning with respect to the Kaya Ka zoning petition.

The motion passed on a voice vote without objection.

Councillor Seidel asked about the possible public benefits.

Mr. Barber said that is up to the City Council to determine. In other amendments, public benefits have been found in increased tax revenues; improving the urban landscape, a better use with respect to the abutters, etc.

Councillor Seidel asked why the proposal was crafted to go through the overlay to get to the BC Zoning. Mr. Kee said that this was intended to lessen the possibility of unintended consequences and they were concerned that changing the underlying zoning would be spot zoning.

Councillor Reeves asked about the park, and whether it would have public access. Mr. Kee said that it would be open to the public during normal business hours. They would form a committee with the neighbors to be part of the design. Councillor Reeves said that he thinks this is an instance that would have been better solved by the Planning Board and/or the BZA.

Councillor Reeves asked what could be built as-of-right? Mr. Kee said that a building in the BC district could be 55 feet high. Councillor Reeves said that he is willing to listen to residents, but this seems to have more pluses than minuses.

Councillor Maher said that the Ordinance Committee will look carefully at the proposal and possible ramifications. They do not want to pass zoning amendments and then end up with something that no one wants.

Councillor Seidel said that he does believe in a greater intensity of use around Porter Square for urban planning and environmental reasons. He supports those concepts.

Mr. Kim said that there are more opponents than he expected. All of the legal abutters support this proposal. His plan will improve Porter Square.

Mr. Barber said that this proposal for a zone change that, if adopted, would only authorize another process. There would have to be a special permit application, with a public hearing and review.

Vice Mayor Murphy observed that the committee has heard concerns about the potential unintended consequences on other sites. There may be a way to add qualifiers, such as proximity to a hotel, spoke to further limit the applicability of a special permit to the kind of scenario that is contemplated as an acceptable reason for allowing the permit.

Councillor Reeves moved that the petition remain in committee. The motion passed on a voice vote without objection.

Vice Mayor Murphy and Councillor Maher thanked all those present for their attendance. The meeting was adjourned at six o’clock and thirty-four minutes p.m.

For the Committee,
Vice Mayor Brian Murphy, Co-Chair
Councillor David Maher, Co-Chair

Additional letters and e-mails attached
Peter D. Kinder, 7 Arlington St. #32, Cambridge, MA 02140
Nancy Wareck, 5 Walden Street, Cambridge, MA 02140
Pauline Quirion, 125 Rindge Ave. #2, Cambridge, MA 02140
George Perkins, 11 Yerxa Road, Cambridge, MA 02140
Peter Kim, 37 Fairfield St., Cambridge, MA 02140
Michael DAmbra, 128 Oxford St. #2/3, Cambridge, MA 02140
Jean Keldysz, 14 Allen St., Cambridge, MA 02140
Nancy Cole and Catherine Brady, 5 Porter Park, Cambridge, MA 02140
Suzanne Shaw, 46 Clarendon Avenue, Cambridge, MA 02140
Gordon Moore, 9 Rutland Street, Cambridge, MA 02138
Blake P. Allison, AIA, Dingman Allison Architects, 1950 Massachusetts Avenue, Cambridge, MA 02140
William Witt Bloomstein, 16 Crescent Street, Cambridge, MA 02138

(PETITION REMAINS IN COMMITTEE)

AWAITING REPORT LIST
08-25. Report from the City Manager:
RE: report how many children with IEP’s receive out of school assistance either written or not written into their plans.
Councillor Decker and Full Membership 03/03/08 (O-5)

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, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

08-49. Report from the City Manager:
RE: report on establishing mini-grants for seniors and other low-income residents who might need to purchase flood insurance.
Councillor Maher and Full Membership 03/24/08 (O-14)

08-51. Report from the City Manager:
RE: report on policy of managing ad hoc public memorial sites.
Councillor Kelley and Full Membership 03/31/08 (O-2)

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)

08-66. Report from the City Manager:
RE: report on the shortage of visitor parking at Neville Center.
Vice Mayor Murphy and Full Membership 04/28/08 (O-17)

08-67. Report from the City Manager:  See Mgr #13
RE: report on the status of multiple small holes in the street pavement found in groups on various City streets.
Councillor Kelley and Full Membership 04/28/08 (O-18)

08-69. Report from the City Manager:
RE: report on testing of the Longfellow Bridge and the results of the environmental review.
Mayor Simmons, Vice Mayor Murphy, Councillor Seidel, Councillor Davis, Councillor Maher & Councillor Kelley 04/28/08 (O-20)

08-74. Report from the City Manager:
RE: report on methods of collecting, maintaining, and analyzing traffic enforcement and accident data.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 05/19/08 (O-4)

08-76. Report from the City Manager:  See Mgr #15
RE: report on the status of the Linear Park crossings of Mass Avenue and Cameron Avenue.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 05/19/08 (O-9)

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)

08-80. Report from the City Manager:
RE: report on the number and location of pre-school facilities, the number of day care facilities, and the number of children served by these facilities.
Councillor Kelley, Councillor Seidel and Full Membership 06/02/08 (O-5)

08-81. Report from the City Manager:  See Mgr #12
RE: report on the condition and safety of Pacific Field and the dog park.
Councillor Kelley and Full Membership 06/02/08 (O-8)

08-84. Report from the City Manager:
RE: report on whether Massachusetts Water Protection Act or Rivers Protection Act empowers abutting or downstream communities to speak on or affect the outcome of a development permitting process.
Councillor Seidel and Full Membership 06/02/08 (O-7)

08-85. Report from the City Manager:
RE: report on policy for obtaining a replacement resident parking sticker when a resident changes cars mid-year.
Councillor Toomey and Full Membership 06/09/08 (O-1)

08-86. Report from the City Manager:
RE: report on whether Cambridge should join the Carbon Disclosure Project.
Councillor Davis and Full Membership 06/09/08 (O-4)

08-87. Report from the City Manager:
RE: report on whether a residential unit can have a deed restriction placed on it preventing that unit from ever being able to receive a Cambridge parking permit.
Councillor Seidel, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves & Mayor Simmons 06/09/08 (O-11)

08-88. Report from the City Manager:  See Mgr #14
RE: investigate ways to distribute information and educate affected homeowners in the FEMA flood map area so they can purchase insurance before the January, 2009 deadline.
Councillor Toomey, Councillor Maher & Vice Mayor Murphy 06/09/08 (O-14)