Cambridge City Council meeting - June 27, 2011

Cambridge City Council meeting - June 27, 2011 - AGENDA

CITY MANAGER'S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-70, regarding NBC violations.

City Manager Letter
June 27, 2011

To the Honorable, the City Council:

In response to Awaiting Report Item Number 11-70, regarding NBC violations, please be advised of the following:

The City Council, in Order No. O-1 dated June 6, 2011, asked that I:
...provide the City Council with background information and a chronology on the ownership of the land [131 Harvard Street], including the establishment and purposes of the Neighbors for a Better Community 501(c)(3), the $450,000 offer from CASCAP and the recent sale for $100,000...

I am providing the following chronology of events pertaining to the acquisition of the property at 131 Harvard Street in Cambridge (the "Parcel") by Neighbors for a Better Community, Inc, ("NBC") from the Bulfinch Companies, Inc., who was the developer of an adjacent site at 210 Broadway in Cambridge. This chronology is based upon a combination of publicly available documents, reports I have received from members of my staff, and my own interactions and correspondence with representatives of NBC and others.

7/26/1998 - An agreement entitled "Development Controls and Community Outreach Program Agreement" was entered into between Bulfinch Companies and NBC. The Agreement provides a package of community benefits totaling $1,520,000 to be donated by Bulfinch to NBC. Community benefits package includes a 10,000 square foot parcel of land at 131 Harvard Street, valued at $450,000, to be deeded by Bulfinch to NBC for $1. The Agreement requires that the 131 Harvard Street Parcel be conveyed to NBC as " a gift for public and charitable purposes" to be "used only for affordable housing, a gymnasium, community center, or a park, and accessory parking, or for any other community use approved by ... the then record owner of 210 Broadway". In addition to the Parcel and development concessions, the Agreement provided for a monetary payment of $360,000 up front and additional monetary payments to NBC in the amount of $710,000 spread over 10 years.
12/23/1998 - The Parcel is deeded by Bulfinch to NBC under terms noted above.
6/30/2001 - IRS 990 filing for period 7/1/2000 to 6/30/2001- Parcel valued at $450,000; Jonathan Carroll, board vice president, was paid $82,850 by NBC, as "agency consultant". NBC's audited financial statements also value Parcel at $450,000, and indicate that NBC paid $84,850 to a "Board Member" for consulting services.
6/30/2002 - IRS 990 filing for period 7/1/2001 to 6/30/2002 - Parcel valued at $450,000; NBC paid $94,000 for consulting services (unclear to whom). NBC's audited financial statements also value Parcel at $450,000, and indicate that NBC paid $92,350 to a "Board Member" for consulting services.
6/17/2003 - City tax lien of $1378.58 filed.
6/30/2003 - IRS 990 filing for period 7/1/2002 to 6/30/2003 - Parcel valued at $450,000; NBC paid $102,000 for consulting services (unclear to whom).
12/11/2003 - community meeting regarding "238 Broadway/Harvard Street Project" - notes indicate participants' desire to "press NBC to develop its lot [the Parcel] and combine with 125 Harvard Street."
3/2004 - City completed feasibility study of the potential for housing development spanning 125 & 131 Harvard Street sites.
4/1/2004 - redemption of tax lien by NBC.
6/30/2004 - IRS 990 filing for period 7/1/2003 to 6/30/2004 - Parcel valued at $450,000; NBC paid Jonathan Carroll $77,800 as Executive Director. A Commonwealth of Massachusetts Form "PC" ("Form PC") indicates Jonathan Carroll was paid this amount as a consultant.
6/30/2005 - IRS 990 filing for period 7/1/2004 to 6/30/2005 - Parcel valued at $450,000; NBC paid Jonathan Carroll $71,200 as Executive Director. Form PC indicates Jonathan Carroll was paid this amount as a consultant.
2/7/2006 - Following Cascap, Inc.'s purchase of 125 Harvard Street, City Manager wrote letter to Jacqueline & Jonathan Carroll regarding continuing City interest in discussing plans for the NBC Parcel. Letter copied to NBC board.
6/30/2006 - IRS 990 filing for period 7/1/2005 to 6/30/2006 - Parcel valued at $450,000; NBC paid Jonathan Carroll $7,000 as Executive Director. Form PC indicates Jonathan Carroll was paid this amount as a consultant.
6/30/2007 - IRS 990 filing for period 7/1/2006 to 6/30/2007 - Parcel valued at $450,000; NBC paid Jonathan Carroll $13,300 as Executive Director. Form PC indicates Jonathan Carroll was paid this amount as a consultant.
7/13/2007 - Appraisal completed for NBC which valued Parcel at $1,350,000. Comparable sales for the appraisal report did not include properties subject to restrictions similar to that in place for the NBC Parcel.
9/20/2007 - City Manager letter to Met Life (owner of 210 Broadway) requesting information about intentions for use of the Parcel and expressing City's interest in ensuring that neighborhood benefit intended by Bulfinch's gift of property to NBC be accomplished.
10/9/08 - City Manager memo to Jonathan "Jay" Carroll inviting him to October 2008 meeting of the Affordable Housing Trust to discuss the Parcel.
10/23/2008 - letter from Jay Carroll offering sale of Parcel for $450,000 with net sales proceeds to be distributed to community organizations as determined by NBC.
2/26/2009 - Parcel is listed for sale by Peter Racheotes. Parcel listed for sale for $1,100,000; asking price later reduced to $775,000.
3/27/2009 - City Manager letter to Peter Racheotes expressing City's interest in Parcel and requesting that terms of the Parcel's deed restrictions be communicated to interested purchasers.
4/10/2009 - Cascap offer of $425,000 for the Parcel submitted to Jay Carroll.
5/7/2009 - letter from Area Four Coalition to City Manager, Mayor Simmons, City Council and Affordable Housing Trust urging City to:
- Convey importance of the Parcel's deed restrictions to buyers; Identify best uses of the Parcel through community process;
- Explore use of the Cambridge Affordable Housing Trust funds to build affordable units on site at the Parcel;
- Serve as a fiscal conduit for distributing proceeds from the sale of the Parcel to other neighborhood non-profits;
- Insure that board members and employees of NBC do not materially benefit from the sale of the Parcel;
- Act with a sense of urgency to identify the best use of the Parcel.
6/10/2009 - Parcel listing becomes active again (had been under agreement).
6/11/2009 - Cascap offer of $450,000 for the Parcel submitted to Jay Carroll.
6/15/2009 to 8/26/2009 - negotiations between Cascap and NBC for the sale of the Parcel result in NBC's acceptance of Cascap's offer of $450,000; negotiations involve contingencies pertaining to the price and offer; Cascap's offer formally resubmitted on 8/19/2009 and accepted by NBC on 8/26/2009.
9/23/2009 - letter from Area Four Coalition to City Manager, Mayor Simmons, City Council and the Affordable Housing Trust reiterating concerns of 8/7/2009 letter, requesting that the City, Affordable Housing Trust or a non-profit acquire the Parcel and inviting City representatives to meet with the Coalition.
9/24/2009 - Affordable Housing Trust commits $500,000 to Cascap for acquisition and development of the Parcel. Commitment requires that net sale proceeds be granted to the City for use for the benefit of low and moderate-income Area IV residents.
9/2009 through 10/2009 - Cascap negotiates Purchase and Sale Agreement with NBC for the purchase of the Parcel but cannot resolve issue of how sales proceeds will be distributed in a manner consistent with the Affordable Housing Trust's requirements.
10/8/2009 - Community Development Department staff meet with the Area Four Coalition to discuss the City's efforts to achieve the public benefit intended for the Parcel and status of Cascap's efforts to acquire the Parcel with funding from the Affordable Housing Trust.
10/14/2009 - per request from Cascap, email response from Jay Carroll to Cascap with a list of community groups that would receive funds from proceeds of the sale of the Parcel. Indicates that amounts would vary among groups and, despite Cascap's request for detail on distribution, no amounts of suggested distributions was included.
10/21/2009 - City Manager letter to Jay Carroll reiterating Affordable Housing Trust requirement that proceeds from purchase of the Parcel with public (Affordable Housing Trust) funds must be returned to the City to ensure that decisions on how fund are used in the community are made in an open and collaborative manner.
11/2/2009 - NBC returns deposit submitted with Cascap's accepted offer.
8/12/2010 - IRS 990 filed for period 7/1/2007 to 6/30/2008 - Parcel valued at $450,000; NBC paid Jonathan Carroll $13,300 as Executive Director. Form PC indicates Jonathan Carroll was paid this amount as a consultant serving as Executive Director at $25/hr.
9/20/2010 - Parcel deeded from NBC to 131 Harvard St LLC for $100,000. The 131 Harvard St LLC was organized on 12/15/2009, and is managed by Peter Racheotes and Christian Gentile, with Henry E. Davidson, Jr. listed as Resident Agent. The LLC's Deed for the Parcel is recorded as registered land at Land Court (all prior records had been recorded at the Registry).
9/22/2010 - City Manager letter to Jay Carroll requesting meeting to revisit sales proceeds distribution impasse and revive efforts to sell the Parcel to Cascap for $450,000 for the development of housing.
12/13/2010 - City Manager letter to Jay Carroll after no response received from Jonathan Carroll to the City Manager's letter of 9/22/10. The 12/13/2010 letter requested a meeting between the City Manager and Jay Carroll on 12/21/2010.
2/15/2011 - Cascap was contacted by Peter Racheotes to inquire about Cascap's interest in purchasing the Parcel. Racheotes indicates he now owns the Parcel and would soon be listing it for sale.
3/2011 - new marketing of the Parcel begins. There is no price listed but asking price is reportedly more than $1,000,000.
5/12/2011 - CDD planning staff contacted by a developer looking at the Parcel to discuss zoning questions related to potential development of the Parcel.
3/31/2011 - City Solicitor contacts Attorney General's office regarding the sale of the Parcel at 131 Harvard Street by NBC to 131 Harvard St LLC.
4/7/2011 - Attorney General's office advised City Solicitor that NBC filed the required approval form for the sale of an asset by a charitable corporation (Form 8A) and that the Attorney General's office had approved the sale of the Parcel by NBC to the 131 Harvard St LLC.

The City Council Order O-1 of June 6, 2011 further asked that I:
...contact the Attorney General's Office with a view toward freezing all monies from the sale of the property at 131 Harvard Street and insuring that all proceeds from the sale of the property will ultimately go to the benefit of the community....

And in addition asked that I:
...contact the Attorney General's Office with the request that the Attorney General's Office investigate whether NBC has violated the obligations conferred by its 501 (c)(3) status and the purposes set forth in its charter to use its resources for the benefit of the community and further how NBC can be required to fulfill these obligations....

Since the same Council Order requests that the Mayor send a letter to the Attorney General on behalf of the City Council conveying its deep concern regarding any abuse of the community trust and urging the Attorney General to take all possible steps to require the return to the community of the benefits to which it is entitled, it is my intent to satisfy the request for me to contact the Attorney General by submitting this Council Order Response to the Mayor for attachment to his letter to the Attorney General.

Very truly yours, Robert W. Healy, City Manager

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $25,000 from surplus Parking Fund revenues to the Public Investment Fund Traffic, Parking and Transportation Extraordinary Expenditures account to provide funds for the fabrication and maintenance of murals for the windows at the First Street Garage.

CHARTER RIGHT
1. That the City Manager is requested to direct all department heads to remind their staff to whenever possible and when it is economically feasible to buy local. [Charter Right exercised by Councillor Cheung on Order Number One of June 20, 2011.]
Amended and Referred to Econ. Dev. Committee - Cheung

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Finance Committee, for public meeting held on May 2, 2011 to discuss creating a program in Cambridge similar to Boston's Department of Urban Mechanics to improve city service delivery and to discuss creating a capital budget for the development of internet and mobile based tools. [Charter Right exercised by Councillor Decker on Committee Report Number One of June 20, 2011.]

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

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

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

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

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

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

UNFINISHED BUSINESS
9. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing on May 5, 2011 for the purpose of considering proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2, including the history of the use of the section for special permit applications for conversion of commercial and institutional uses to residential building, and the recent public conversations on this section of the Zoning Ordinance. The question comes on passing to be ordained on or after June 20, 2011. Planning Board hearing held May 10, 2011. Petition expires Aug 3, 2011.

APPLICATIONS AND PETITIONS
1. An application was received from HF Management Group, Inc. d/b/a Metro PCS, requesting permission for a sandwich board sign in front of premises numbered 1000 Cambridge Street.

2. An application was received from Douglas Beaudet, requesting permission for a curb cut at the premises numbered 61-69 Bolton Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation and Public Works. No neighborhood association for that area.

3. An application was received from Dahn Yoga and Healing, requesting permission for a sandwich board sign in front of premises numbered 1110 Massachusetts Avenue.

4. An application was received from Alexandria Real Estate, requesting permission for two curb cuts at the premises numbered 100 Binney Street/41 Linskey Way; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Approval has been received from the neighborhood association.

5. An application was received from Alexandria Real Estate, requesting permission for two curb cuts at the premises numbered 50 Binney Street/77 Linskey Way; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Approval has been received from the neighborhood association.

COMMUNICATIONS
1. A communication was received from Paul Tammaro, regarding a price and labeling issues at Shaw Store #7580.

2. A communication was received from Gregg J. Moree, transmitting an invitation to the City of Cambridge to participate in the festivities surrounding historic visit of John F. Kennedy's Presidential Yacht Honey Fitz.

3. A communication was received from James Williamson, transmitting information on the 68 bus route.

4. A communication was received from Sheila Headley, transmitting information on jitney licenses and bus routes traversing on Putnam Avenue and expressing her concerns for pedestrian safety.

5. A communication was received from Sue Butler, 14 Clinton Street, transmitting her comments on the tree canopy and renewable energy and sustainability issues.

RESOLUTIONS
1. Resolution on the death of Priscilla M. (Miller) Halford. Mayor Maher, Councillor Toomey

2. Retirement of Ken Singleton from the School Department. Councillor Toomey

3. Congratulations to the Restaurant Dante on the occasion of its 5th anniversary. Councillor Toomey

4. Best wishes to Dennis Keefe on his new position as President and Chief Executive Officer at Care New England Health System. Councillor Decker

5. Urge all residents to participate in the Run & Ride @ CambridgeSide event on July 31, 2011. Councillor Toomey

6. Resolution on the death of James M. Curran Sr. Mayor Maher

7. Congratulations to Cori Spencer on her original play entitled "Little Black Topsy and the Magical White Fairy Soap." Councillor Reeves

8. Resolution on the death of Staff Sergeant Nicholas Price Bellard. Councillor Decker

9. Resolution on the death of Sergeant Glenn Michael Sewell. Councillor Decker

10. Resolution on the death of Specialist Marcos A. Cintron. Councillor Decker

11. Thanks to Andala Cafe for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

12. Thanks to Thelonious Monkfish for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

13. Thanks to Life Alive for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

14. Thanks to MIT for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

15. Thanks to Margaret Fuller Neighborhood House for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

16. Thanks to The Men of Color Health Initiative for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

17. Thanks to the Cambridge Auxiliary Police for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

18. Thanks to the Cambridge Police Department for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

19. Thanks to Harvard University for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

20. Happy 50th Birthday wishes to a special Cantabrigian. Councillor Toomey

21. Happy 93rd Birthday wishes to Nelson Mandela. Councillor Simmons

22. Thanks to Amel Khalifa for her speaking engagement before the Cambridge Employees Committee on Diversity. Councillor Simmons

23. Thanks to the organizers of the Cambridge Open Archives Tour which will take place in July. Councillor Simmons

24. Congratulations to Andrea J. Spears and John Henry Jackson on their recent marriage. Councillor Simmons

25. Thanks to the Phoenix Landing for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

26. Thanks to the Cambridge Health Alliance for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

27. Thanks to Carlos Vidveira for his work to restore and preserve the Honey Fitz, a ship named after Mayor John F. Fitzgerald. Mayor Maher

28. Thanks to Maryellen Carvello for organizing the annual Cambridge Dance Party. Mayor Maher

29. Congratulations to Stephanie Blair Mitchell and Andrew Smiles on the birth of their son Lucian Mitchell Smiles. Councillor Seidel

30. Happy 90th Birthday wishes to Incoronata "Millie" Centanni. Councillor Toomey

31. Congratulations to CCTV on receiving the Overall Excellence in Public Programming Award for the tenth time. Councillor Toomey, Councillor Seidel, Councillor Decker

32. Retirement of Ralph Dunphy from the Water Department. Mayor Maher

33. Resolution on the death of Elizabeth Ann "Betty" (Handscom) Gallinaro. Councillor Toomey

34. Welcome Mairi Rose Glynn to the City of Cambridge. Councillor Reeves

35. Welcome Niall Francis Glynn to the City of Cambridge. Councillor Reeves

36. Thanks to Cambridge Youth Programs for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

37. Thanks to the Men of Color Task Force for their participation in the Eighteenth Annual Hoopz N Health event. Councillor Reeves

38. Congratulations to the Hildebrand Self Help Center on the occasion of its 25th anniversary. Mayor Maher

39. Congratulations to the United States Army on its 236th birthday. Mayor Maher

40. Congratulations to the 9th Grade Portrait class at CRLS for completing a mural at the Cambridge Hospital. Mayor Maher

41. Congratulations to Joe Meldrim and Erica Johnson Meldrim on the birth of their daughter Ayla Johnson Meldrim. Mayor Maher

42. Congratulations to the Baldwin School for winning first place in the Department of Public Works annual "RecycleCraze" competition. Mayor Maher

43. Congratulations to the Fletcher-Maynard School for winning second place in the Department of Public Works annual "RecycleCraze" competition. Mayor Maher

44. Congratulations to the Kennedy-Longfellow School for winning third place in the Department of Public Works annual "RecycleCraze" competition. Mayor Maher

45. Retirement of Judy Clement from the Cambridge Hospital. Mayor Maher

46. Congratulations to Timothy Patric McCarthy and C.J. Crowder on their nuptials. Councillor Reeves

47. Congratulations to Rachel Feinstein and Peter Stevens on their recent marriage. Councillor Seidel

48. Congratulations to the West Cambridge Little Baseball League major and minor teams on winning the Mayor's Cup. Mayor Maher

ORDERS
1. City Council support of the Seattle Farm Bill Principles. Vice Mayor Davis

2. That the City Manager is requested to enforce the Putnam Avenue bus ban and communicate to the City Council an ongoing enforcement strategy. Councillor Reeves

3. That the City Manager is requested to direct the Department of Public Works to look into the feasibility of installing benches in front of the Cambridge Main Library and report back to the City Council. Councillor Cheung

4. That the City Manager be and hereby is requested to instruct the Police Commissioner to increase bicycle enforcement to prevent injury to pedestrians on sidewalks. Vice Mayor Davis
Kelley voted NO

5. That the Cambridge City Council go on record urging passage of upcoming legislation in the U.S. House of Representatives supporting the Property Assessed Clean Energy (PACE) program. Councillor Cheung
Amended

6. That the City Manager be and hereby is requested to confer with the Information Technology Department, the City Treasurer and Finance Department to produce information for residents and taxpayers regarding readily available financial information online for citizens to view and easily understand. Councillor Decker

7. That this City Council go on record encouraging Dr. James Cash to speak out about the Supreme Court's ruling on a controversial gender-discrimination case and to lobby executives at the world's largest retailer to reform its policies and provide justice to its female employees. Councillor Decker

8. That the City Manager is requested to undertake a study to determine the potential for generating renewable energy on municipal property. The study would include the development of a timeframe for meeting the goal of 20% of municipal electricity use being generated through on-site generation to the maximum feasible extent. Vice Mayor Davis

9. That the City Manager is requested to confer with the appropriate City departments to assess any possible implications of the merger between the Longy School of Music and Bard College. Councillor Seidel

10. That the City Manager is requested to direct the Assistant City Manager for Community Development and the Director of the Arts Council to provide overall guidance and technical support in representing the city in their efforts to foster the development of a cultural district. Councillor Cheung and Councillor Reeves

COMMITTEE REPORTS
1. 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 public meeting held on Apr 13, 2011 to receive an update on Baby U, Cambridge Works and programming to increase college success for Cambridge youth.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on June 15, 2011 to continue to consider proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2.

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

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

Wed, July 13
5:00pm The Ordinance Committee will conduct a public hearing on a zoning petition from MIT to amend the Zoning Ordinances of the City of Cambridge to create a new section 13.80 to the Zoning Ordinances entitled PUD-5 District and amend the Zoning Map to create a new PUD-5 District in the Kendall Square area; petition rezones a 26-acre parcel in the Kendall Square area. (Sullivan Chamber)

Mon, July 18
4:30pm The Ordinance Committee will conduct a public hearing to amend the Zoning Ordinance to enable the City's new regional bike-share program to site bike-share stations on municipal and private property. This hearing to be televised. (Sullivan Chamber)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1 June 27, 2011
VICE MAYOR DAVIS
WHEREAS: The Seattle Farm Bill Principles are a framework of values aimed at creating a healthier food system in the U.S and offer direction for policies, regulations, programs, funding opportunities, technical support and research priorities that would promote a healthier and more sustainable food system if incorporated into the 2012 Farm Bill; and
WHEREAS: If Congress adopts the Seattle Farm Bill Principles as a framework for the 2012 Farm Bill, potential positive outcomes for Cambridge include higher nutritional quality of commodity foods through improved access to regionally grown foods and food procurement, as well as pricing policies that would favor purchase of healthy food for government-subsidized feeding programs; and
WHEREAS: The Cambridge Food and Fitness Policy Council supports the Seattle Farm Bill Principles because: 1) there have long been concerns about unsustainable farming practices supported by past farm bills, the Principles lay the foundation for developing a healthier food system on the national, regional, and local levels 2) the 2012 Farm Bill will impact on access to healthy foods in Cambridge and 3) if U.S. cities and towns work together on this issue, they can help create a healthier food system for the nation; now therefore be it
ORDERED: That the City Council go on record as endorsing the Seattle Farm Bill Principles; and be it further
ORDERED: That the Executive Assistant to the City Council be and hereby is requested to endorse the principles on behalf of the Cambridge City Council by adding each City Councillor's name as a "supporter" through the website http://seattlefarmbillprinciples.org.

O-2 June 27, 2011
COUNCILLOR REEVES
WHEREAS: Riverside residents continue to experience significant tour bus traffic during the week and especially on the weekends. Residents believe that these buses have been banned from Putnam Avenue and that proper enforcement has not been occurring; and
WHEREAS: The large double-deck buses also physically bruise the trees along Putnam Avenue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to enforce the bus ban and communicate to the City Council an ongoing enforcement strategy.

O-3 June 27, 2011
COUNCILLOR CHEUNG
WHEREAS: It has come to the attention of the City Council that several residents are dissuaded to use the Bus #68 bus stop located in front of the Cambridge Main Library because there is currently no street seating available for those waiting to be picked up; and
WHEREAS: The #68 bus runs rather infrequently and thus forces many residents to stand for long periods of time, a nuisance for some but for others an insurmountable difficulty; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Department of Public Works to look into the feasibility of installing benches in front of the Cambridge Main Library and report back to the City Council.

O-4 June 27, 2011
VICE MAYOR DAVIS
WHEREAS: Biking on sidewalks is rampant in Central Square; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Police Commissioner to increase enforcement to prevent injury to pedestrians on sidewalks; and be it further
ORDERED: That the City Manager be and hereby is requested to investigate whether there are new state regulations relative to bicyclists; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-5 June 27, 2011 Amended
COUNCILLOR CHEUNG
WHEREAS: The Cambridge City Council is always looking for new ways to green our economy and stimulate job growth; and
WHEREAS: Investing in cost-effective energy efficiency and renewable energy improvements to homes and businesses can save energy, create thousands of local jobs, reduce reliance on fossil fuels, and dramatically reduce greenhouse gas emissions; and
WHEREAS: The upfront cost and potentially long payback periods prevent property owners from making otherwise cost-effective clean energy improvements; and
WHEREAS: Property Assessed Clean Energy (PACE) financing programs are an innovative local government solution to help property owners finance energy efficiency and renewable energy improvements such as energy efficient boilers, upgraded insulation, new windows, solar installations to their homes and businesses; and
WHEREAS: Surveys reported that limited capital availability is cited as the most common barrier to capturing potential energy savings, and PACE bonding mechanisms offer many advantages over traditional loans for financing energy efficiency retrofits; and
WHEREAS: The PACE bond market has the potential to dramatically accelerate the energy retrofitting of America's building stock and the passage of PACE legislation would benefit property owners, existing lenders and create job growth; now therefore be it
ORDERED: That the Cambridge City Council go on record urging passage of Representatives Nan Hayworth (R-NY), Dan Lungren (R-CA) and Mike Thompson (D-CA) upcoming legislation in the U.S. House of Representatives supporting the Property Assessed Clean Energy (PACE) program; and be it further
ORDERED: That the City Clerk be and is hereby requested to forward a suitably engrossed copy of this Order to Representative Michael Capuano, the entire Massachusetts delegation, Governor Deval Patrick and Secretary of Energy Dr. Steven Chu on behalf of the entire City Council.

O-6 June 27, 2011
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that the "checkbook" of the City of Cambridge is not readily available for citizens and taxpayers to see; and
WHEREAS: When the City of Cambridge speaks of the budget to the citizens it is important that taxpayers understand the specifics of the money and where and when it is being spent; and
WHEREAS: It is important that the City has a level of financial transparency that enables all taxpayers to be aware of what is going on; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Information Technology Department, the City Treasurer and Finance Department to produce information for residents and taxpayers regarding readily available financial information online for citizens to view and easily understand; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-7 June 27, 2011
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that The Supreme Court blocked the largest sex-discrimination lawsuit in US history on June 20th, siding with Walmart and against up to 1.6 million female workers; and
WHEREAS: A coalition of women's groups, workers rights advocates and leaders held a press conference in Cambridge on Tues, June 21st at 10:30 a.m. to push Walmart Board member Dr. James Cash, a Harvard Business School professor emeritus who also serves on the boards of insurer Chubb Corp. and General Electric and as a special adviser at Cambridge-based General Catalyst Partners, to apologize for Walmart's campaign to block women from seeking legal redress for workplace discrimination; and
WHEREAS: Roughly fifteen activists from Mass. NOW, Massachusetts Jobs with Justice, and Women's Institute for Leadership Development stood outside Dr. Cash's office with signs urging Dr. Cash to take a stand for civil rights; and
WHEREAS: During the rally, a small delegation attempted to meet with Dr. Cash to assert their concerns about the precedent set by the Supreme Court regarding class action lawsuits and demand that Dr. Cash act in favor of women's justice. Dr. Cash was not available to comment but his staff pledged to set up a meeting with the group; and
WHEREAS: The Supreme Court ruled that the lawsuit against Walmart Stores Inc. could not proceed as a class action in its current form, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. By a 5-4 vote along ideological lines, the court said there were too many women in too many jobs at Walmart to wrap into one lawsuit; and
WHEREAS: The high court's majority agreed with Walmart's argument that being forced to defend the treatment of female employees regardless of the jobs they hold or where they work is unfair. Business interests lined up with Walmart while civil rights, women's and consumer groups have sided with the women plaintiffs; and
WHEREAS: Justice Antonin Scalia said there needed to be common elements tying together these many employment decisions at once; and
WHEREAS: Justice Ruth Bader Ginsburg said there was more than enough to unite the claims and that Walmart's delegation of discretion over pay and promotions is a policy uniform throughout all stores; and
WHEREAS: The lawsuit said that women are grossly underrepresented among managers, holding just 14 percent of store manager positions compared with more than 80 percent of lower-ranking supervisory jobs that are paid by the hour; and
WHEREAS: The lawsuit also included data showing widespread disparities in pay and promotion; personal anecdotes of discrimination; and a study of Walmart's corporate culture, which was characterized, an expert suggested, by gender stereotyping; and
WHEREAS: This ruling is not only a blow to the 1.6 millions female Walmart employees but also to working people who face systematic discrimination everyday, who do not have the time or resources to bring the issue into the light through legal action; and
WHEREAS: This decision creates a huge roadblock for large groups of women fighting for equal pay and promotion and against systematic discrimination; and
WHEREAS: Class action suits play an important role to protect the rights of all people, both those involved just as much as those struggling with discrimination on their own; now therefore be it
RESOLVED: That this City Council go on record encouraging Dr. James Cash to speak out about the Supreme Court's ruling on a controversial gender-discrimination case and to lobby executives at the world's largest retailer to reform its policies and provide justice to its female employees; and be it further
RESOLVED: That this City Council go on record condemning the court's ruling, which rejected class-action status for a lawsuit brought by what could have been 1.6 million female Walmart employees; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Dr. James Cash on behalf of the entire City Council.

O-8 June 27, 2011
VICE MAYOR DAVIS
WHEREAS: Cambridge has met the goal of 20% of municipal electricity consumption being generated from renewable energy sources by 2010; and
ORDERED: The goal has been met by a combination of onsite solar PV installations on City buildings, the state's Renewable Portfolio Standard, and purchasing of renewable energy certificates (RECs). The RECs are sourced from wind energy facilities in Massachusetts (10%) and from the Midwest (90%); now therefore be it
ORDERED: That the City Manager be and hereby is requested to undertake a study to determine the potential for generating renewable energy on municipal property. The study would include the development of a timeframe for meeting the goal of 20% of municipal electricity use being generated through on-site generation to the maximum feasible extent.

O-9 June 27, 2011
COUNCILLOR SEIDEL
WHEREAS: Longy School of Music and Bard College recently announced their merger; and
WHEREAS: Longy School is a longstanding institution in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to assess any possible implications of the merger between the Longy School of Music and Bard College; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-10 June 27, 2011
COUNCILLOR CHEUNG
COUNCILLOR REEVES
WHEREAS: The City of Cambridge wishes to pursue a state-authorized cultural district through the enabling legislation approved by the MA State Legislature and Governor's Office; and
WHEREAS: Cambridge has held a public hearing and adopted a resolution proclaiming its interest in establishing a state-designated cultural district; and
WHEREAS: The City of Cambridge has created a broad and diverse partnership of stakeholders committed to cultural, community and economic development to provide oversight of the district through the Mayor's Red Ribbon Commission on the Delights & Concerns of Central Square; and
WHEREAS: The Massachusetts Cultural Council will be petitioned in accordance with its guidelines and criteria to designate said cultural district; now therefore be it
RESOLVED: The Honorable Mayor David P. Maher and Cambridge City Council endorse the submission of an application and agree to foster the development of a cultural district; and be it further
RESOLVED: That the Cambridge City Council endorses the state-sponsored cultural district goals: attracting artists and cultural enterprises, encouraging business and job development, establishing tourist destinations, preserving and reusing historic buildings, enhancing property values and fostering local cultural development; and be it further
RESOLVED: That the City Manager be and hereby is requested to direct the Assistant City Manager for Community Development and the Director of the Arts Council to provide overall guidance and technical support in representing the city within the district partnership of said cultural district; and be it further
RESOLVED: That the Cambridge City Council encourages all who own property or businesses within said cultural district to involve themselves and participate in the full development of the cultural district; and be it further
RESOLVED: That the City Manager be and hereby is requested to direct city agencies to identify programs and services that could support and enhance the development of the cultural district and ensure that those programs and services are accessible to the cultural district; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Massachusetts Cultural Council, the Assistant City Manager for Community Development and the Director of the Arts Council on behalf of the entire City Council with the understanding that the additional application materials will be completed for review and implementation by the Commonwealth of Massachusetts.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Human Services Committee conducted a public meeting on Apr 13, 2011 beginning at 2:13pm in the Sullivan Chamber. The purpose of the meeting was to receive an update on Baby U, Cambridge Works and programming to increase college success for Cambridge youth.

Present at the meeting were Councillor Kenneth E. Reeves, Chair of the Committee; Councillor Leland Cheung; School Committee Member Richard Harding; Claude Jacob, Chief, Cambridge Public Health Department; Jen Bailey, Agenda for Children; Michelle Godfrey, Director, Center for Families; Mina Reddy, Director, Community Learning Center; Susan Mintz, Adult Employment Director, Department of Human Services Program (DHSP), Office of Workforce Development; Michele Scott, Case Manager, DHSP, Office of Workforce Development; Lieutenant Leonard DePietro, Family Services Unit, Cambridge Police Department; Mary Wong, Director, Kids' Council; Sue Walsh, Director, Office of Workforce Development, DHSP; Anne Baldwin Beckmann, Just-A-Start Corporation; Robert Bridgeman, Director, Phillip Brooks House; Susie Flug, DHSP, Agenda for Children; John Clifford; Victoria Harris; Steven Swanger, Director of Resident Services, Cambridge Housing Authority; Risa Mednick, Director, Transition House; and D. Margaret Drury, City Clerk.

Councillor Reeves welcomed those present and asked for an update on the programs.

Ms. Bailey reported on Baby U. She stated that they are currently on the third pilot program, which is taking place in the Riverside Area. Pilot 1 was held in winter of 2010 in North Cambridge with 27 families graduating. The Area 4 pilot program graduated 25 families.

Twenty seven families are enrolled in the Riverside pilot with 46 children. She stated that the program fundamentals have stayed the same, while tweaks have been made each session as needed. She said that the steering committee and staff work in collaboration to have better program. The strength of program is that it is cohesive and comprehensive. The key messages have been adapted to be more cohesive.

Ms. Bailey informed the committee that this time they have hired a father to help facilitate in order to keep fathers involved. The facilitator has worked with the fathers when they broke into smaller groups. Fathers are staying involved because of this change. Ms. Bailey noted that another difference in the pilot 3 program is that there are more participants with disabilities. She stated that the staff has learned new ways to ensure all parents can come to Baby University. Another change is the ratio of native born and immigrant families. In the first pilot, although they worked to maintain a 50/50 split, there were only five participants who were born in the United States but in the current program there is a 50/50 split.

Councillor Reeves stated that he attended two graduations. He said that this is a phenomenal initiative. At the pilot 2 graduation some of the young parents who were graduating were young women he had known personally since they were young girls. Ms. Bailey said that the pilot 2 families seemed to have more knowledge of services offered.

Councillor Reeves asked what the plans are for the program after the third pilot is completed. Ms. Bailey stated that they will look at the evaluations of the three pilots and define what the program requires in order to make it no longer a pilot program.

Councillor Reeves asked about the alumni. Mr. Swanger, who is a member of the steering committee, stated that they are trying to build connections with alumni so they can be self-sustaining. He stated that they recognize that a 16-week program will not turn into a five-year program. They will support and encourage the model seen more in middle-class families in which parents get together in support groups that are self-sufficient and self--sustaining. They are connecting with agencies to ensure that the Baby U alumni get that support.

Ms. Bailey said that alumni get priority for most of the groups that are taking place. The Center for Families is holding onto some participants when appropriate. Participants are sometimes referred to other programs. Councillor Reeves stated that he does not want to lose families. He said that if the City can take the least resourced families through a course of five years we will reap the benefits in the school system. Ms. Bailey stated that now that two full pilots have taken place, they are gathering information to see what the capabilities and limitations are, for example, whether a participant will travel to the other end of the city to participate in a program.

Councillor Reeves offered his encouragement and suggested that the graduation program be recorded and be aired on cable. Harlem Children's Zone gives each family a DVD of its Baby College graduation. He stated that he would like to see T. Berry Brazelton invited to the upcoming graduation on June 18, 2011.

Risa Mednick, Transition House, stated that Baby U program has been well-received by Transition House clients. The Transition House participants are young mothers with young children. Baby U has helped them gain the confidence in their ability to affect their children's future that will enable them to positively affect those futures. It is important to get them plugged into a network of other parents that they can access on their own. She stated that opportunities to meet other families like themselves are very worthwhile.

Councillor Reeves stated that in the Harlem Children's Zone there was a father's group. Ms. Bailey stated that the Baby U program starts with a "check-in" in which the parents briefly state what is going on with their families and life. The fathers have their own check-in and then the group comes together for the substantive parenting workshop. That separation of the fathers has been extremely important to the success of incorporating fathers into the program. Councillor Reeves said that he is very pleased to hear that fathers are becoming involved. He said that black men do not often have the opportunity to interact and have discussions regarding parenting.

Claude Jacob stated that public health research documents the importance of connectivity to health. He emphasized the great value in how we all connect. He also stated that the current economic climate has made it a turbulent season. He is interested in understanding what works and how that can be exported to the community.

Councillor Reeves said that in the graduation ceremony for pilot 2 there were approximately 75 children. He stated that it is amazing how many lives can be touched. Ms. Bailey said that school-aged children enjoy the program.

Councillor Reeves then turned the discussion to Cambridge Works. Ms. Walsh began the report on the program. She stated that connectivity is a big piece of Cambridge Works as well. To see graduates talking about their experience in the program and then wanting to inspire a new class is exciting.

Ms. Walsh stated that the sixth cycle of Cambridge Works has 12 participants. This is the first time in six cycles that there have been 12 participants. One individual just got a full-time job in May and they will backfill his slot with benched participants. Of the 9 participants of cycle 5, eight are working. She stated that the average wage for cycle 5 is $13.62 per hour. Some of the challenges that Cambridge Works has seen relate to the need to provide more incentives regarding job searches. Private sector employers who are participating as work sites are the Inn at Harvard and Spaulding Rehab Hospital. Cambridge Works would like to reach out to get more private sites involved in putting graduates to work.

Mr. Harding reported that the age of the participants is within the 22-33 year-old range, with most being ages 25-29.

Mr. Harding said that the placement of graduates will be a good indicator of how the program is progressing. After the first graduation, there was only one graduate who got a job. The number of placements has increased. People come from different places and when graduates succeed, it helps the reputation of the program. The staff looks at the program as a year-long program. The real reward for the participant is a job in the private sector. Cambridge Works is carving out its own identity. The evolution of Cambridge Works shows that they are improving services.

Councillor Reeves stated that Cambridge Works is a rare resource and to waste it on people who are not "ready" for the program is a real loss. He added that in conjunction with the Red Ribbon Committee, he believes that we could find more placements at local corporations.

Mr. Jacob stated that it would be helpful to know the core philosophy of the program. Ms. Walsh responded that the philosophy of Cambridge Works is that a person learns to work by going to work and that gives a person the opportunity to really believe that he or she can have a future that includes successful employment. Mr. Harding added that an important part of the philosophy of the program is to stay in the spirit of providing the client with wraparound services, including health care. The program does not accept anyone that they do not believe that they can help. He believes that they are reaching the people that they were trying to reach when they designed the program.

Councillor Reeves said that the Kids' Council has a report from Montgomery, Ohio on an ex-offenders program that has been very successful. He would like to look more at the issue of how to help ex-offenders. Councillor Reeves stated that he would like to invite Sheriff Koutoujian and Judge Singleton to the next graduation. He stated that they are very dedicated men who could bring positive messages to the participants.

Councillor Reeves then asked about marketing material on the programs. Ms. Walsh stated that it is a priority to create some material about the program between the next cycles. Mr. Jacob offered to help in this regard. His staff is very talented in this area.

Mr. Jacob then asked Lieutenant DiPietro about the Cambridge Police Department work with youth. Lieutenant DiPietro stated that the youth centers, the Human Services Department and the Cambridge Police Department try to reach children who are exhibiting negative behavior. One of the big successes was that in July and August of last year there were only two juvenile arrests. He stated that this is a phenomenal statistic. It is collaborative effort and the Cambridge Police Department welcomes the helping hand.

Councillor Reeves then moved to the topic of the development of a program similar to the HCZ's Office of College Success. He said that it is like an egg that won't hatch. Ms. Reddy suggested a small planning committee to start to map it out and she offered to compile a list of interested persons. Councillor Reeves accepted and expressed his gratitude.

Councillor Reeves thanked all those present for their attendance and for their hard work on these vital programs. The meeting was adjourned at 3:29pm.

For the Committee,
Councillor Kenneth E. Reeves, Chair

Committee Report #2
The Ordinance Committee held a public meeting on June 15, 2011 beginning at four o'clock and forty minutes P.M. in the Sullivan Chamber. The meeting was held for the purpose of continuing to consider proposed amendments submitted in response to City Council Order No.11 of Jan 24, 2011, in which the Council requested that Community Development Department (CDD) staff engage in a comprehensive review of Section 5.28.2.

Present at the meeting were Councillor Sam Seidel, Chair of the Committee; Mayor David P. Maher; Councillor Leland Cheung; Councillor Craig Kelley; Councillor Kenneth E. Reeves; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury.

Also present were Brian Murphy, Assistant City Manager for Community Development; Susan Glazer, Deputy Director, CDD; Stuart Dash, Director of Community and Neighborhood Planning, CDD; and Jeffrey Roberts, Planner, CDD.

Councillor Seidel convened the meeting and explained the purpose. He invited the CDD staff to make a presentation on developments since the May 25th public hearing on this petition. Ms. Glazer described the work of CDD staff in the past two weeks and also informed the committee that the Planning Board report and recommendations to the City Council (Attachment A) would be on the June 20th City Manager's Agenda for the City Council meeting.

Mr. Dash then reviewed the most recent draft of zoning amendment language prepared by CDD Attachment B). The petition text appears in enlarged and underlined typeface. The Planning Board recommended the following parts.

Language that defines the types of residential uses that are allowed for projects seeking a 5.28.2 special permit, clarifying that the Planning Board may grant a special permit for conversion of an existing non-residential structure to multi-family residential use in all districts except Open Space.

The definition of a "Parking Analysis" and the requirement that such analysis be provided as part of the special permit application for a 5.28.2 project with more than 10,000 gross square feet or more than 10 dwelling units.

The added provision that allows the Planning Board to permit limited non-residential uses on the ground floor or basement of a proposed 5.28.2 project.

The proposed revisions to the Criteria for Approval of a Special Permit.

Other clarifying text changes proposed in the introduction to Section 5.28.2 and in Subsections 5.28.21, 5.28.25, 5.28.27, and 5.28.28.

Subsequent to the Planning Board Report, members of the CDD staff had additional meetings on the proposal and as a result have included additional suggestions. The additional suggested language is in boldface and is highlighted. These suggestions appear in the June 14th draft of Proposed Zoning Changes in the following sections:

5.28.20 (b) [pertaining to nonresidential uses on floors other than the basement and ground floor]
5.28.21 last sentence of first paragraph, and last paragraph [pertaining to the addition of gross floor area above what would normally be allowed in the zoning district]
5.28.22 second paragraph, fourth line, beginning after "above," [pertaining to calculation of the maximum permissible number of units]

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

Mayor Maher congratulated the CDD staff on really listening to the concerns that they have heard at the Ordinance Committee and Planning Board proceedings. He suggested that the Ordinance Committee recommend that the City Council take this matter up at the June 27th meeting because there is a lot to comprehend. Councillor Seidel agreed.

Councillor Kelley stated that he appreciates CDD's efforts but not the results. He believes they should scrap the entire section and start over. He takes exception to the fact that the charts submitted by staff start with the presumption that 5.28.2 applies to Residence A and B districts when the Table of Uses clearly specifies that it does not. He asked whether the proposal would give the Planning Board the ability to allow townhouses in Residence A districts. Mr. Dash responded that he would want more time to think it through, but he did not see any logic that would preclude such a result. Councillor Kelley stated that this is a huge up-zoning of the whole city, and if staff cannot that question at this time, the proposal should stop here.

Mayor Maher asked Mr. Dash whether he would characterize the proposal as an "up-zoning." Mr. Dash answered in the negative.

Councillor Cheung said that he needs some more time to digest this proposal. He would like to know what kinds of buildings this section applies to and how this proposal came about. Mr. Dash said that this proposal is a result of looking at the projects that have been done pursuant to this project over the last 10 years and listening to the concerns of the neighbors and abutters. He added that this project represents an attempt to more closely align the expectations of property owners and residents under the ordinance with the actual outcomes. Mr. Dash said that in 2006 CDD staff looked at what buildings could potentially be subject to this section. When he looked at the resulting list recently, he found that most of the properties had already been developed. With regard to Councillor Kelley's earlier question about townhouses in Residence A, he noted that section 5.28.2 only applies to the rehabilitation of previously non-residential building to residential use.

Councillor Cheung stated that he would like to see the list of other potential buildings. Mr. Dash stated that CDD would supply the updated list.

At this time Councillor Seidel moved to public comment.

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

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

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

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

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

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

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

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

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

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

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

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

For the committee,
Councillor Sam Seidel, Chair

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11-70. Report from the City Manager: See Mgr #1
RE: report on Attorney General investigation of NBC violations.
Councillor Simmons, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Toomey 06/06/11 (O-1)

11-71. Report from the City Manager:
RE: report on total of donations raised during the 2011 resident sticker renewals for environmental initiatives, identify a project that the funds can be used for and publicly display that the funds were possible from resident donations.
Councillor Toomey, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 06/06/11 (O-2)

11-72. Report from the City Manager:
RE: report on determining if the Silver Maple Forest could be purchased for preservation.
Councillor Kelley, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 06/06/11 (O-5)

11-73. Report from the City Manager:
RE: report on options for disposing of medical waste such as syringes.
Councillor Kelley, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 06/06/11 (O-6)

11-76. Report from the City Manager:
RE: report on long term strategy that mitigates the actions of the Boston cab companies.
Councillor Cheung and Full Membership 06/20/11 (O-2)

11-77. Report from the City Manager:
RE: report on amending the Paine Park fountain's schedule through Labor Day.
Councillor Cheung and Full Membership 06/20/11 (O-3)

11-78. Report from the City Manager:
RE: report on where the police currently conduct foot patrols or park & walks and how these locations are decided.
Councillor Toomey and Full Membership 06/20/11 (O-6)