Cambridge City Council meeting - July 27, 2009 - AGENDA

CITY MANAGERíS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $75,000 from General Fund Cable Television Salary and Wages account to the General Fund School Salary and Wages account to cover the costs of an Educational Access Program Manager position.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of a Library Services & Technology Act Grant received from the Massachusetts Department of Early Education and Care in the amount of $4,200 to the Grant Fund Library Salary and Wages account ($680) and to Grant Fund Library Other Ordinary Maintenance account ($3,520) and will support workshops and library materials and staff time to provide on-site services.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Public Safety Answering Position (PSAP) Grant funded from the Statewide Emergency Telecommunications Board (SEBT) for $55,037 to the Grant Fund Emergency Communications Department Salary and Wages account ($34,554), Emergency Communications Department Other Ordinary Maintenance account ($6,907) and to the Emergency Communications Department Travel and Training account ($13,576) which will support training to dispatch personnel in the Emergency Communications Department as well as software maintenance costs.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Public Safety Answering Position Support (PSAP Support) Grant funded from the State 911 Department for $301,274 to the Grant Fund Emergency Communications Salaries and Wages account ($139,941) and to the Grant Fund Emergency Communications Extraordinary Expenditures account ($161,333) and will support three dispatch positions and the purchase of dispatch equipment.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-67, regarding the potential use by City departments and staff of social networking programs such as Twitter and Facebook.

July 27, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Number 09-67, regarding the potential use by City departments and staff of social networking programs such as Twitter and Facebook, IT Director Mary Hart reports the following:

Social networking sites such as Facebook and Twitter are not blocked by the City network Spam or Virus screening software but the advertising on these sites is blocked. We block video streaming social networks such as Youtube as it can degrade network performance.

Social networking sites on the Internet are not regulated or secure. Information posted on these sites may not be accurate or current. Therefore it is not recommended that they be used for official City business.

The method recommended for City departments to interact most effectively with their various stakeholders is via the City Website. It is protected and secure.

Very truly yours, Robert W. Healy, City Manager

6. Transmitting communication from Robert W. Healy, City Manager, relative to the recommendation that the City Council vote to accept G.L. c. 64L, Section 2(a), in order to impose a local meals excise and I further recommend the City Council vote to amend the local room occupancy excise, under G.L. c. 64G, section 3A, to the new rate of 6% from the current rate of 4%.  Orders Adopted

July 27, 2009

To the Honorable, the City Council:

I am hereby recommending that the City Council vote to accept G.L. c. 64L, Section 2(a), in order to impose a local meals excise and I further recommend the City Council vote to amend the local room occupancy excise, under G.L. c. 64G, section 3A, to the new rate of 6% from the current rate of 4%.

The Adopted State Budget provided cities and towns in the Commonwealth the opportunity to replace some or all of their loss in local aid by allowing, for the first time, an allocation of .75% of the Meals Excise upon local acceptance for local use, and has allowed a local option of increasing the room occupancy excise by 2%.

In Cambridge's case, adopting these options will replace the lost revenue ($2 million) from the reduction in State Aid contained in the FY10 Adopted State Budget. The Adopted FY10 City Budget used the Governor's recommended State Aid amounts which were reduced by $2 million during the State budget process. I am recommending that the City Council adopt both these options in accordance with the procedure outlined in the Attachment issued by the Massachusetts Department of Revenue (DOR).

This action needs to be taken at the July 27th City Council meeting in order for these changes to go into effect for Oct 1, 2009 as well as to allow these revenues to be recognized as part of FY10 tax rate setting process. With this acceptance, the City will realize 8 months of revenue or two-thirds of annualized revenues.

Absent this adoption, the FY10 budget could only be balanced by increasing the Property Tax Levy for FY10 or by reducing the adopted FY10 Budget by over $2 million.

The DOR expects to release estimates of the amounts each city or town could collect from these local option excises in the next few weeks.

Local Meals Excise

Based on our preliminary analysis on the impact of accepting the .75% local option meals excise, we estimate that annualized revenues will be approximately $2.3 million. For FY10, which will reflect only 8 months or two-thirds of annual collections, this would yield approximately $1.5 million in revenues. These initial estimates are based on a report issued by DOR in January 2009.

Local Rooms Occupancy Excise (Hotel/Motel)

Based on our preliminary analysis on the impact of accepting the 2% increase in the local rooms occupancy excise, we estimate that the City will be able to use an additional $1.2 million in FY10 based on the following assumptions listed below.

As part of our analysis, we first reduced our total revenue estimate of $6.8 million (FY09 actual collections) by 15% to $5.8 million to reflect a decline in revenues for the last two quarters in FY09. We then calculated the impact of the 2% increase in the local portion of the rooms occupancy excise (from 4% to 6%) using the lower base. It is expected that by increasing the room occupancy excise to 6%, the City will realize $2.9 million on an annualized basis and $1.9 million in FY10 based on receiving only 8 months of additional revenue.

Total FY10 revenues from the local rooms occupancy excise is estimated at $7.7 million using these assumptions. The FY10 Budget used a revenue estimate of $6.5 million, which would mean that total revenues would be approximately $1.2 million higher than budgeted and reflects the impact of making a 15% adjustment to anticipated revenues as described above.

Overall, the City is estimating it will realize approximately $2.7 million in FY10 from these two local option excises.

Our current projections indicate that total revenues received from accepting these two local option excises will allow the $2 million in reduced State Aid to be recovered from these revenue sources and provide $700,000 towards reducing the property tax levy. This should reduce the estimated property tax levy increase from 5.98 to 5.71%.

Once we receive the DOR estimates related to these local option excises, we may be able to factor in additional revenues from these two sources to further reduce the property tax levy by more than the $700,000 currently estimated. Also, as we discussed during the FY10 budget process, we will continue to review additional non-property tax revenues that may be able to be used to lower the property tax levy. The use of these additional non-property tax revenues will be included in the City Manager's property tax classification recommendations in September 2009, if applicable.

In addition, we will continue to monitor expenditures carefully to help generate budget savings during the current fiscal year in case there is a mid-year state aid reduction as a result of continued declining state revenues.

I respectfully request that the City Council accept these local option excises since they will not only provide us additional sources of revenue in FY10 to deal with the final state aid reductions, but they will also allow us to offset increases to the property tax levy, especially in FY11, as we realize a full year of collections.

Very truly yours, Robert W. Healy, City Manager

City Manager Order #6A
Agenda Item No. 6A     July 27, 2009
ORDERED: That the City of Cambridge accept G.L. Chapter 64L, Section 2(a) to impose a local meals excise.

City Manager Order #6B
Agenda Item No. 6B     July 27, 2009
ORDERED: That the City of Cambridge amend its local room occupancy excise under G.L. Chapter 64G, Section 3A to the rate of 6%.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of Community Development Block Grant (CDBG) funds of $48,505 to the Public Investment Fund Community Development Extraordinary Expenditures account ($41,258) and to the CDBG Fund Department of Human Services Salary and Wages account ($7,247) and will be used to continue the development and rehabilitation of affordable housing and to provide programmatic support for Human Service initiatives funded with existing CDBG funds.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-75, regarding a report on whether Cambridge has any investments in Evergreen Investment Management Company.

July 27, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Number 09-75, regarding a report on whether Cambridge has any investments in Evergreen Investment Management Company, please be advised of the following:

Neither the City of Cambridge nor the Cambridge Retirement Board has any investments in the Evergreen Investment Management Company or its affiliates.

Very truly yours, Robert W. Healy, City Manager

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable without power, for a term of three years, effective the first day of January 2009: Darrel Todman

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-61, regarding a report on ways to reduce speeds on Magazine Street.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-70, regarding a report on the effectiveness of the traffic-calming program, including any potential problems.

July 27, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Number 09-70, regarding a report on the effectiveness of the traffic-calming program, including any potential problems, Assistant City Manager Beth Rubenstein, Traffic Director Susan Clippinger and Department of Public Works Commissioner Lisa Peterson report the following:

Background

The City of Cambridge undertakes traffic calming projects based on requests from residents, community groups, businesses and City Council orders, in conjunction with programmed street reconstruction projects or work to be completed by developers.

These projects are intended to increase public safety, support the ability of all residents to walk and bicycle, and increase the livability of city neighborhoods. Traffic calming is a way of physically designing roads to ensure that motorists are traveling at speeds that are appropriate to the type of street and the environment. By keeping traffic speeds to levels that are suitable to city streets, we can enable everyone - including children and older pedestrians - to more safely travel to schools, parks, commercial districts, or wherever they want to go. Maintaining proper speeds also ensures the safety of drivers, as both the likelihood and severity of crashes are substantially diminished. Traffic calming is a key element in creating livable neighborhoods more conducive to sustainable modes of transportation and reducing single occupant vehicle trips in Cambridge.

Cambridge residents have been concerned about the impacts of traffic, and in particular the impact of motor vehicle speeds, for decades. For a long time, tools to address these issues were limited. Since the inception of the traffic calming program in the mid-1990s, many requests have been made for action to address speeding on city streets. Many residents are looking for ways to address speeding and obstacles to safe pedestrian passage.

Project Design and Process

When a street is scheduled for major reconstruction with the potential opportunity to incorporate traffic calming elements, a community process is held to directly involve neighbors in the analysis and design process. Plans are developed based on community input, speed and volume data, a detailed topographic survey and best engineering practices.

The Fire Department, Department of Public Works, and Traffic, Parking and Transportation Department all participate in project design and development to ensure that access, public safety and operational requirements are met. Specific dimensions, such as turning radii, are engineered to ensure that the street design accommodates necessary vehicular operations.

Additional considerations in developing plans include impacts to drainage, access requirements and parking, all of which are reviewed in detail. Traffic calming elements that may reduce legal parking are discussed with the community during the planning process to ensure adequate support.

Traffic calming devices may also be constructed by developers as project mitigation developed through the special permit review process. Curb extensions may also be recommended by staff for street and sidewalk maintenance projects for pedestrian safety or access reasons. During and after construction, projects are evaluated to ensure they were built according to specifications and meet the goals of the project. Regular construction inspections are conducted to ensure that drainage works effectively and access codes are met.

To date, over 30 raised devices (crosswalks and intersections), dozens of curb extensions, and several pedestrian crossing islands and chicanes have been installed throughout the city.

Project Evaluation

After the completion of major traffic calming projects, a follow up analysis is undertaken. Speed data is gathered to establish that the measures undertaken were effective. For larger projects, neighborhood residents are surveyed through the mail and/or on-line asking them to complete an evaluation of the project.

Before and after measurements of vehicle speeds demonstrate that speeds are decreasing on traffic-calmed streets. Residents typically perceive that vehicle speeds are lower and the street is safer for all users and more attractive upon completion of the project. Also, a majority of residents responding to surveys have an overall positive view of traffic calming and would like to see additional such projects in the city.

City staff are currently creating documents with the evaluation information in a user-friendly format to put on the City's web site so that anyone interested can see the information.

Very truly yours, Robert W. Healy, City Manager

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Cambridge Housing Authority/Bridge to College Program grant in the amount of $6,720.00 to the Grant Fund Human Service Programs Department Salary and Wages account to provide educational resources to Cambridge Housing Authority residents.

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $62,000.00 for the Center for Families program funded by the Department of Education to the Department of Human Service Programs Salary and Wages account ($51,800.00) and to the Department of Human Service Programs Other Ordinary Maintenance account ($10,200.00) and will be used by the Center for Families to support family programs targeting parents of children up to six years, which include a variety of family support and parent education programs and resources.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from First Literacy in the amount of $14,000.00 to the Grant Fund Human Service Programs Salary and Wages account ($11,407) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($2,593) and will provide a student leadership class on presentation skills and pronunciation for Community Learning Center students.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Housing Assistance Program Grant (HAP) received from the Department of Housing and Community Development (DHCD) in the amount of $245,580.00 to the Grant Fund Human Service Programs Salary and Wages account ($62,500.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($183,080.00) and will be used for a partnership between the City's Multi-Service Center and the Cambridge YWCA.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the MetroNorth Regional Employment Board for $15,169.00 to the Grant Fund Department of Human Services Salary and Wages account ($13,344.00) and to the Grant Fund Department of Human Services Other Ordinary Maintenance account ($1,825.00) and will be used to support a six hour per week morning GED preparation class at the Community Learning Center.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Massachusetts Family Network (MFN) grant received from the Department of Education in the amount of $38,281.00 to the grant fund Human Service Programs Department Salary and Wages account which will fund a portion of the salary and benefit costs of three staff members of the Center for Families who provide a variety of family support and parent education resources to families in the Cambridge community.

18. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-69, regarding a report on the current status of the City's 5-year plan for road and sidewalk work.

19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-36, regarding a report on the progress of the Healthy Parks and Playgrounds Initiative Task Force.

20. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of the Homelessness Prevention and Rapid Rehousing Program (HPRP) grant from the U.S. Department of Housing and Urban Development in the amount of $1,302,128.00 to the Grant Fund Human Service Programs Salary and Wages account ($232,198.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($1,069,930.00).

21. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the American Recovery and Reinvestment Act Community Development Block Grant Program from the U.S. Department of Housing and Urban Development in the amount of $851,070 to the Public Investment Fund Community Development Department Extraordinary Expenditures account.

22. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-55, regarding a report on the problem of lice and on preventative measures to prevent infestation from occurring.

23. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-79, regarding a report on bedbug infestation in a building on Lee Street.
Referred to Housing Committee - Kelley

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

2. That the City Manager is requested to make available adequate funds to the City Council so that the City Council can hire its own legal expert to review relevant issues in pending litigation. [Tabled on motion of Councillor Davis Order Number Two of May 18, 2009 together with motion to amend by substitution submitted by Councillor Toomey. On June 15, 2009 motion of Councillor Kelley to take from the table failed on a roll call vote of 4-4-1. Councillor Decker made a motion to suspension of the rules to reconsider the vote that failed to take from the table. Suspension of the rules failed on a roll call vote of 3-4-1-1.]  Order Adopted as Amended (Toomey's substitute language)

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

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

APPLICATIONS AND PETITIONS
1. A letter of appeal was received from John Hopkins, 30 Winslow Street and Helen Abraham, 34 Winslow Street, regarding the denial of their curb cut on Winslow Street by the Traffic, Parking and Transportation Department.

2. An application was received from Boston Life, requesting permission for a table and two chairs to display informational brochures and pamphlets in front of their business at 843 Massachusetts Avenue.

3. An application was received from The African Sustainability Project, 18 Converse Avenue, Malden, requesting permission for a table and a chair to hold an info session in front of 1 Porter Square on Aug 8, 2009.

4. An application was received from Lesley University, requesting permission for fifty-three temporary banners on electrical poles along Massachusetts Avenue between Wendell Street and the Porter MBTA Station to celebrate its Centennial - a 100-year tradition of excellence in Cambridge beginning in September. Approval has been received from the City Electrician.

COMMUNICATIONS
1. A communication was received from Representative Barney Frank, transmitting deep appreciation of the resolution the Council adopted on the occasion of being given the History Maker Award.

2. A communication was received from State Representative William N. Brownsberger, transmitting thanks for the two City Council resolutions concerning the opening of Magazine Beach this summer.

3. A communication was received from State Representative William N. Brownsberger, transmitting thanks for the City Council resolution supporting the updated bottle bill.

4. A communication was received from State Representative William N. Brownsberger, transmitting thanks for the City Council resolution regarding the taxation of unemployment benefits.

5. A communication was received from Richard D. Clarey, regarding the mid-August closing of city swimming pools.

6. A communication was received from James Brooks, 130 Babson Street, Boston, transmitting a request to address the Council about safety for all city residents.

7. A communication was received from Kathryn Podgers, regarding police behavior.

RESOLUTIONS
1. Resolution on the death of Robert W. Murrell.   Councillor Reeves

2. Resolution on the death of Kathleen M. "Kay" (Kelly) Watson.   Councillor Toomey

3. Congratulations to Michael McKenzie on joining the US Coast Guard Auxiliary.   Councillor Decker

4. Congratulations to Martha Minow on her appointment as Dean of Harvard Law School.   Councillor Decker

5. Resolution on the death of Margaret (McQuilliam) Ciampa.   Councillor Maher

6. Resolution on the death of Pasquale C. Vellucci.   Councillor Decker, Councillor Toomey

7. Congratulations to all who participated in The Energy Smackdown which reduces energy use and the carbon footprint.   Mayor Simmons

8. Resolution on the death of Janet A. (Gargano) Sawtell.   Councillor Toomey

9. Resolution on the death of Marie E. (Shaughnessy) Facey.   Councillor Maher

10. Congratulations to Anthony Stephen Brooks and Jazmin Alicea on their marriage.   Mayor Simmons

11. Congratulations to Claudison Jean Francois and Tanya Bute on their marriage.   Mayor Simmons

12. Congratulations to Cambridge Community Television on receiving the 2009 Overall Excellence in Public Access Programming Award at the Hometown Video Festival.   Councillor Davis

13. Congratulations to Police Sergeant Edward Frammartino of the Cambridge Police Department on his recent promotion.   Councillor Davis

14. Congratulations to Superintendent Christopher Burke of the Cambridge Police Department on his recent promotion.   Councillor Davis

15. Congratulations to Police Lieutenant Chris Bertolino of the Cambridge Police Department on his recent promotion.   Councillor Davis

16. Congratulations to Superintendent Steven Williams of the Cambridge Police Department on his recent promotion.   Councillor Davis

17. Farewell to Kate's Mystery Books and wish Kate all the best in her future endeavors.   Councillor Decker

18. Resolution on the death of Jose DeJesus.   Councillor Reeves

19. Congratulations to Bobby Tynes and Tracy Rose on their engagement.   Mayor Simmons

20. Resolution on the death of Leo B. Ciccolo.   Councillor Maher

21. Thanks to Laura Vitaglia for her work and dedication at the Multi-Service Center.   Councillor Decker

22. Resolution on the death of Lance Corporal Brandon T. Lara.   Councillor Decker
23. Resolution on the death of Specialist Daniel P. Drevnick.   Councillor Decker
24. Resolution on the death of Specialist Carlos E. Wilcox IV.   Councillor Decker
25. Resolution on the death of Specialist James D. Wertish.   Councillor Decker
26. Resolution on the death of Chief Warrant Officer Rodney A. Jarvis.   Councillor Decker
27. Resolution on the death of Private Lucas M. Bregg.   Councillor Decker
28. Resolution on the death of Sergeant Roger L. Adams Jr.   Councillor Decker
29. Resolution on the death of Sergeant Juan C. Baldeosingh.   Councillor Decker
30. Resolution on the death of Specialist Robert L. Bittiker.   Councillor Decker
31. Resolution on the death of Sergeant First Class Edward C. Kramer.   Councillor Decker
32. Resolution on the death of Sergeant Timothy A. David.   Councillor Decker
33. Resolution on the death of Specialist Casey L. Hills.   Councillor Decker

34. Congratulations to George Anderson on receiving the Rising Stars of Corporate Governance 2009 Award on June 10, 2009.   Mayor Simmons

35. Congratulations to Robin Lapidus on her 10th anniversary with the Harvard Square Business Association.   Councillor Davis

36. Resolution on the death of Ellen M. (Reynolds) Ruberto.   Mayor Simmons

37. Resolution on the death of Judith A. Kelliher.   Councillor Toomey

38. Congratulations to the nominees of awards given by The Massachusetts Technology Leadership Council.   Mayor Simmons

39. Congratulations to Ethan Kiczek and Amanda Pearson on the birth of their son Ethan Luke Pearson.   Vice Mayor Seidel

40. Congratulations to The Maud Morgan Visual Arts Center on receiving a $400,000 grant from the Massachusetts Cultural Facilities Fund.   Councillor Davis


41. Retirement of Edward McClung on his retirement from the Cambridge Hospital.   Mayor Simmons

42. Retirement of Sheila Walsh from the Cambridge Hospital.   Mayor Simmons

43. Retirement of Kathleen Hernon from the Cambridge Hospital.   Mayor Simmons

44. Retirement of Joseph Sylva from the Cambridge Hospital.   Mayor Simmons

45. Retirement of Frank Zuzolo from the School Department.   Mayor Simmons

46. Retirement of Frank Lansing from the Cambridge Hospital.   Mayor Simmons

47. Resolution on the death of Paul Kindred Deats.   Councillor Toomey

48. Resolution on the death of Arthur Moretti.   Councillor Maher, Councillor Toomey

49. Happy 80th Birthday wishes to Ann Bonacci.   Councillor Maher

50. Congratulations to Richard and Jane Rossi on the birth of their granddaughter Addison Goodwin.   Councillor Davis

51. Congratulations to Dukey and Sandra Albano on their 20th Wedding Anniversary on August 27, 2009.   Councillor Toomey, Councillor Maher

52. Happy 65th Birthday wishes to a special person.   Councillor Toomey


ORDERS
1. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation and report back to the City Council on the feasibility of changing after hours metered parking on streets adjacent and in the vicinity of the Court House (40 Thorndike Street) and Registry of Deeds (208 Cambridge Street) so that after 6:00pm and until 8:00am parking at such meters becomes by resident parking sticker only.   Councillor Ward, Councillor Kelley and Councillor Toomey

2. That the City Manager is requested to instruct all relevant City departments to enforce all City ordinances related to the blighted condition of the vacant Marino's site.   Councillor Maher

3. That the City Manager is requested to provide in writing an analysis of projected usage and cost to extend the opening of the two Cambridge DCR pools for the final two weeks of August.   Mayor Simmons, Councillor Kelley and Councillor Ward

Substitute Order
3. That the City Manager is requested to confer with all relevant parties including the Assistant City Mangaer for Human Services, the Cambridge Housing Authority and the DCR to participate in and arrange for the necessary funding required to keep DCR pools open through September 7, 2009.   Mayor Simmons, Councillor Kelley, Councillor Ward and Councillor Decker

4. That the City Manager is requested to confer with the Assistant City Manager for Community Development to determine whether there are any steps that can be taken to help Il Panino stay open in Cambridge.   Councillor Toomey

5. The City Council go on record asking Harvard University to be patient, to abstain from these radical employment cuts which will deeply injure the most susceptible members of our community, restore valuable workers, and proceed in alignment with its claim to be a world-wide leader in both the business and educational community.   Councillor Ward and Councillor Decker

6. That the City Manager is requested to report back to the City Council on a variety of ways the City can support and encourage residents to visit their local neighborhood restaurants, such as including lists of local restaurants in city-wide mailing.   Councillor Decker

7. That the City Manager is requested to direct the Chairman of the License Commission present the City Council with a summary of how the Taxi Cab Subcommittee functions and operates and what steps have been taken to mediate concerns.   Councillor Decker

8. That the City Manager is requested to ask Harvard University to respond to the status of the Consigli Construction company employees who are working on a project at 160 Concord Avenue as it relates to Cambridge's Responsible Employer Ordinance.   Councillor Decker

9. That the City Council recommend that Universities increase their Payment in Lieu of Taxes (PILOT) payment by 2%.   Councillor Decker

10. That the City Manager is requested to report back to the City Council on the policy surrounding smoking in outdoor seating areas.   Councillor Toomey

11. That the City Manager is requested to ensure the City's water play features are all operating in an efficient manner and whether or not the water features can be deactivated during the night so as not to waste water, and report back to the City Council.   Councillor Toomey

12. That the City Manager is requested to confer with relevant City staff to attempt to devise and implement a notification system, such as attaching flags or stickers to items awaiting repair, where park users would be able to review maintenance issues at a park and understand the current status of any repairs.   Councillor Kelley

13. That the City Manager is requested to confer with relevant City staff and report back to the City Council on the status of the the pedestrian "Super Crosswalk" at Harvard Square and the City's plans to make the relevant signals clearly visible to pedestrians at all points in or near the crosswalk.   Councillor Kelley

14. That a special meeting of the City Council be scheduled on the topic of the climate emergency for Sept 30 24, 2009.   Councillor Davis, Mayor Simmons, Vice Mayor Seidel, Councillor Maher and Councillor Ward  amended

15. The City Manager confer with the appropriate department heads to draft a set of clear and concise guidelines detailing whom to contact if homeless and/or intoxicated individuals come to City Hall at 5 pm or later in search of immediate short-term shelter   Mayor Simmons and Vice Mayor Seidel

16. That the City Manager is requested to report back to the City Council on any proposed plans for the vacated police headquarters on Western Avenue.   Mayor Simmons and Vice Mayor Seidel

17. That the City Manager is requested to consult with the Police Commissioner on implementing one stationary police officer posted in a prominent location within Central Square, and that the City Manager report back to the City Council regarding this matter in a timely fashion.   Mayor Simmons

18. That the City Manager is requested to report on the measures being taken to expedite a peaceful resolution to the matter involving the police and Professor Gates.   Mayor Simmons

19. That the City Manager is requested to direct the Purchasing Agent and other appropriate departments to enforce that any contractor hired by the City through the "File Sub Bid" process must prove that their employees have health care, workman's compensation, a pension fund and meet the 10-hour OSHA safety certification.   Councillor Decker, Councillor Ward and Councillor Toomey  amended

20. That the City Manager is requested to confirm that all City buildings use the municipal supply for drinking water and that the City does not purchase bottled water for use in public buildings.   Vice Mayor Seidel  Kelley voted NO

21. That the City Manager is requested to report back to the City Council with any new information regarding the North Point development project and the relocation and construction of the Lechmere Green Line Station since the Manager's letter of Mar 2, 2009.   Vice Mayor Seidel

22. That the City Manager is requested to report back to the City Council on whether the City regulates mobile billboard use in the City.   Vice Mayor Seidel

23. That the City Council go on record asking Oaktree Development to honor the Responsible Employer Ordinance and commit to hiring contractors and subcontractors who pay prevailing wage, provide pension and health care benefits, have certified apprenticeship programs and are working with companies that can recruit certified Cambridge residents to do the work.   Councillor Decker and Councillor Toomey

24. That the City of Cambridge go on record as observing National Stop on Red Week, Aug 2-8, 2009.   Councillor Davis

25. That the Cambridge City Council hereby goes on record in support of the statement issued by the City of Cambridge, the Cambridge Police Department and representatives for Professor Gates.   Councillor Ward

26. That the City Manager is requested to report on the plan and timetable for resurfacing the Kendall Square sidewalks area by the Marriot Hotel.   Councillor Reeves

27. That the City Manager be and hereby is requested to report on whether wearing nameplates and badges is still required by Police Officers.   Councillor Reeves


28. That given that the City Council was given little or no notice regarding press statements and appearances, that the City Manager and Mayor provide the City Council with the occurrences of press statements and appearances made, the names of the media organizations made to, and summaries of all press statements made regarding the arrest of Dr. Henry Louis Gates Jr. on the City Council's behalf.   Councillor Decker, Councillor Toomey, Councillor Reeves, Councillor Ward

29. That the City Council be given copies of the Gates 911 tapes, as well as details of the commission that the Police Commissioner and the City Manager are coordinating regarding this matter.   Councillor Decker, Councillor Toomey, Councillor Reeves

30. That the City Manager is requested to monitor and review the deliberation of the Taxi Committee, particularly with respect to mandating credit card machines in all Cambridge taxi cabs and the smooth functioning of the Taxi Committee.   Councillor Reeves

31. That the City Manager is requested to ensure that the City of Cambridge provides suitable accommodations for participants of the Breast Cancer 3-Day Walk during next years event, by keeping the Senior Center and City Hall open in order to keep the restrooms available for people participating in the event.   Councillor Toomey

32. That the Mayor will convene a special Blue Ribbon committee which will look at issues of community unity.   Mayor Simmons

33. That the City Manager is requested to confer with the Assistant City Manager for Community Development to provide the City Council with a description of what zoning uses are permitted as of right at 1607-1615 Massachusetts Avenue and what the effect of the building being empty for more than two years for remediation of contamination would have on the ability to continue the nonconforming retail uses.   Councillor Kelley

34. That the Mayor convey to the School Committee the City Council's request that the School Committee direct the Superintendent of Schools to provide for appropriate Cambridge Public School Department participation exploration of a Town/Gown report on university programs in public education.   Councillor Ward

35. That the City Manager is requested to request Harvard University and MIT be requested to respond in writing to the University Relations Committee with regard to the issues raised by the SEIU representatives as to layoffs and reductions in hours and replacement of fulltime union positions with part-time nonunion positions for consideration by the committee at its next meeting on this topic.   Councillor Ward

36. That the City Manager is requested to refer the proposal for wind turbine zoning to the Historical Commission and the Board of Zoning Appeal, to both the staff and the commissions, for review and comment and further, to request that the response be sent and received back to the Ordinance Committee by September 1, 2009.   Councillor Davis


COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Finance Committee, for a meeting held on July 15, 2009 to receive updates on the status of the FY 10 budget particularly with regard to the effects of federal stimulus funding, the state budget and the hotel/motel and meals tax.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel, Chair of the Housing Committee, for a meeting held on May 12, 2009 to discuss plans for a public forum to provide information and support for homeowners or tenants who may be facing displacement because of economic distress.

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Larry Ward, Chair of the University Relations Committee, for a meeting held on May 20, 2009 to to discuss the committee's agenda for the remainder of the term, Harvard's termination of the leases with Three Aces Pizza on Massachusetts Avenue and the layoffs of low paid workers by Harvard and MIT.

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on June 30, 2009 for the purpose of considering a proposal to amend the Zoning Ordinance to allow wind turbines to be placed in the City of Cambridge.  Passed to 2nd Reading

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on June 30, 2009 for the purpose of considering a proposal to amend chapter 8.24 of the Cambridge Municipal Code "Refuse and Litter" and to add a new proposed ordinance Chapter 8.25 "Dumpster Licenses."  Passed to 2nd Reading

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on July 2, 2009 for the purpose of considering a petition filed by Jean Connor et al. to amend the Zoning Map of Cambridge in an area described by a line, said line beginning at the intersection of the center-line of Garden Street and the Residence B zoning district line, a line parallel, to 100 feet distant from and northerly of the northerly sideline of Huron Avenue, by deleting the current Residence C-1 designation and substituting therefore the designation Residence B.  Passed to 2nd Reading

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

Tues, July 28
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss the State's Stretch Energy Code.  (Ackermann Room)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Thurs, Aug 13
3:00pm   The Human Services will conduct a public meeting to continue discussion on whether a program similar to the Harlem Children's Zone Office of College Success could advance the goal of college graduation for all students in Cambridge.  (Sullivan Chamber)

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

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

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

Mon, Sept 21
5:00pm   Special Presentation - U.S. Census 2010 Kick-off Event  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

Mon, Oct 19
5:15pm   Special Presentation for the new program being launched by the Women's Commission "Cut it Out Cambridge," to train hair salon staff in recognizing domestic violence and acting as a resource for their patrons.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     July 27, 2009
COUNCILLOR WARD
COUNCILLOR KELLEY
COUNCILLOR TOOMEY
WHEREAS: Parking pressure in all neighborhoods across the city is increasing; and
WHEREAS: Metered parking is often required to support day time business; and
WHEREAS: Overnight parking for residents is often at a premium; and
WHEREAS: Some metered parking is not required to support evening business due to a lack of evening business enterprises in certain neighborhoods; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation and report back to the City Council on the feasibility of changing after hours metered parking on streets adjacent and in the vicinity of the Court House (40 Thorndike Street) and Registry of Deeds (208 Cambridge Street) so that after 6:00 p.m. and until 8:00 a.m. parking at such meters becomes by resident parking sticker only; and be further
ORDERED: That if it is determined feasible, that the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation to develop a detailed plan and timetable for implementing such a change.

O-2     July 27, 2009
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to instruct all relevant City departments to enforce all City ordinances related to the blighted condition of the vacant Marino's site; and be it further
ORDERED: That the City Manager be and hereby is requested to arrange for the property owner to be instructed to clean up the site or face fines from the City.

O-3     July 27, 2009
MAYOR SIMMONS
COUNCILLOR KELLEY
COUNCILLOR WARD
WHEREAS: Two DCR pools located in Cambridge, Magazine Beach Pool and McCrehan Pool, are scheduled to close on Aug 16, 2009; and
WHEREAS: There has been discussion about potential cost to the City were we to keep the pools open the last two weeks of August; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide in writing an analysis of projected usage and cost to extend the opening of the two Cambridge DCR pools for the final two weeks of August.

Substitute Order
O-3     July 27, 2009
MAYOR SIMMONS
COUNCILLOR KELLEY
COUNCILLOR WARD
COUNCILLOR DECKER
WHEREAS: Economic conditions in Cambridge have put our citizens under additional hardship; and
WHEREAS: Often these hardships are most keenly felt by those with the least resources; and
WHEREAS: Recreational opportunities provide significant relief for all our citizens; and
WHEREAS: Two Department of Conservation and Recreation (DCR) pools located in Cambridge, Magazine Beach Pool and McCrehan Pool, are scheduled to close on August 16, 2009; and
WHEREAS: There has been discussion about potential cost to the City to keep the pools open the last two weeks of August; and
WHEREAS: It has been variously reported that the DCR has estimated that its cost for keeping the pools open would be $10,000 per week and $11,000 per pool; now therefore be it
ORDERED: That the City Manager be and hereby is requested to contact the DCR to receive a detailed account of the cost of keeping the pools open for the additional two weeks with the view of achieving additional cost savings; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with all relevant parties including the Assistant City Manager for Human Services, the Cambridge Housing Authority and the DCR to participate in and arrange for the necessary funding required to keep these pools open through September 7, 2009; and be it further
ORDERED: That the City Manager be and hereby is requested to keep the Gold Star Mother's Pool open as well.

O-4     July 27, 2009
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the Cambridge City Council that Il Panino, a Cambridge restaurant and Cambridge institution, celebrated for its Italian food, especially its signature "Il Panino" sandwich, its eggplant pizza and its moderately-priced Italian dinners, is being forced to leave its current location at 1001 Massachusetts Avenue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to determine whether there are any steps that can be taken to help this popular local business stay open in Cambridge.

O-5     July 27, 2009
COUNCILLOR WARD
COUNCILLOR DECKER
WHEREAS: This City Council has learned that Harvard University (also known as Harvard Corporation) has recently made extensive layoffs (275 employees) and induced early retirements (500) of Harvard support staff, as well as actions that have resulted in the laying off of employees of direct service providers (40); and
WHEREAS: Harvard in its recently published "Investing in Innovation" (Jan 2009) claimed that Harvard and other institutions of higher learning "As they have been during the last several recessions, they can be a source of stability at a time when many of the region's other leading industries are shedding jobs" (page 3); and
WHEREAS: Harvard is a major private institution receiving significant public support and by virtue of its own claim its "mission is of education, research, business development and service to the community" (page 3"Investing in Innovation" Jan 2009) and should therefore act as a role model for civic and community support; and
WHEREAS: Harvard claims that the "University offers resources that can be used to address community needs" (page 15 "Investing in Innovation" Jan 2009): and
WHEREAS: With revised estimates of Harvard's 2008 endowment losses being significantly improved (23-25%) from previous claims of 30% endowment losses (Vanity Fair, June 30, 2009) combined with initial recovery in the financial markets in 2009 (after the free-fall losses of the fall of 2008); now therefore be it
ORDERED: The City Council go on record asking one of its largest employers to be patient, to abstain from these radical employment cuts which will deeply injure the most susceptible members of our community, restore these valuable workers, and proceed in alignment with its claim to be a world-wide leader in both the business and educational community; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Harvard University on behalf of the entire City Council.

O-6     July 27, 2009
COUNCILLOR DECKER
WHEREAS: In light of the State's continued cuts to local aid, Cambridge along with many other cities and towns will be adopting an increase in the local meals tax; and
WHEREAS: The State has given cities little time to debate or research alternative methods of raising lost local aide nor will the state allow for an incremental increase in the local sales tax; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on a variety of ways the City can support and encourage residents to visit their local neighborhood restaurants, such as including lists of local restaurants in city-wide mailing.

O-7     July 27, 2009
COUNCILLOR DECKER
WHEREAS: This City Council has learned that members of the Cambridge Taxi Cab community are deeply concerned about various issues; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Chairman of the License Commission to present the City Council with a summary of how the Taxi Cab Subcommittee functions and operates and what steps have been taken to mediate the following concerns: there is poor communication and not enough notification regarding subcommittee meetings; there is no online presence for the subcommittee nor the Cambridge Taxi School; there is no democratic representation regarding the leadership of the Cambridge Taxi School Board; that the minutes from the Taxi Cab Subcommittee meetings often do not include all of the concerns presented at the subcommittee meetings which demonstrates a need for a stenographer; that the taxi cab driver community feels as though it is being muted; that the taxi cab rules and regulations are antiquated and need to be reviewed; and that drivers feel as though they are being exploited/disrespected by the current taxi regulation processes; 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-8     July 27, 2009
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that Harvard University has contracted with the Consigli Construction company for a project at 160 Concord Avenue; and
WHEREAS: It has come to the attention of the City Council that the employees on this site do not have health care, workman's compensation, a pension fund, and do not meet the 10 hour OSHA safety certification; and
WHEREAS: The City's Responsible Employer Ordinance was enacted to ensure that these items would be assured for workers on Cambridge jobs; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask Harvard University to respond on the status of these concerns; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-9     July 27, 2009
COUNCILLOR DECKER
WHEREAS: The City Council has been left with little, almost no, alternative to make up for the loss of local aid; and
WHEREAS: That State has given municipalities a short window to adopt a local meals sales tax before the end of August; and
WHEREAS: That State is recommending a 2% sales tax, 1.25% going directly to the State, and 0.75% going to the city; and
WHEREAS: This tax will cause a hardship on some restaurants and consumers; and
WHEREAS: The University community benefits greatly from area restaurants; now therefore be it
ORDERED: That the City Council recommend that Universities increase their Payment in Lieu of Taxes (PILOT) payment by 2%; and be it further
ORDERED: That the City Manager be and hereby is requested to propose this 2% PILOT increase and report back to the City Council on this matter in a timely fashion.

O-10     July 27, 2009
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the policy surrounding smoking in outdoor seating areas.

O-11     July 27, 2009
COUNCILLOR TOOMEY
WHEREAS: Water play features at local parks provide an excellent service to young children during summer months; and
WHEREAS: Most of these features appear to be on manually operated timers, while others have been observed to remain on throughout the day and even very early morning when children are not using them; and
WHEREAS: Water conservation is important; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ensure the City's water play features are all operating in an efficient manner and whether or not the water features can be deactivated during the night so as not to waste water, and report back to the City Council.

O-12     July 27, 2009
COUNCILLOR KELLEY
WHEREAS: Cambridge has an amazing variety of high quality and accessible playgrounds throughout the City; and
WHEREAS: Water facilities at the City's playgrounds play an important part in making the playgrounds safe and attractive to all, especially families with young children; and
WHEREAS: People have reported that playground water functions have not been working properly, if at all, at a number of Cambridge parks, to include Gold Star Mothers Park at Gore Street, Riverside Press Park at River Street, Corporal Burns Park at Flagg Street, Green Rose Heritage Park at Harvard Street, Sennott Park on Broadway and Danehy Park at Sherman Street; and
WHEREAS: Broken or vandalized water features are fairly common concern during summer months; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff to ensure relevant repairs are made as quickly as possible and to report back to the water features and plans to maintain all of them in working order; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff to attempt to devise and implement a notification system, such as attaching flags or stickers to items awaiting repair, where park users would be able to review maintenance issues at a park and understand the current status of any repairs; and be it further
ORDERED: That, given the challenging fiscal situation for the foreseeable future, the City Manager be and hereby is requested to confer with relevant City staff about the construction of future parks to help ensure that the City does not construct features that it cannot afford to keep in regular working order.

O-13     July 27, 2009
COUNCILLOR KELLEY
WHEREAS: The pedestrian "Super Crosswalk" at Harvard Square does not allow pedestrians at all crossing points to see who has the right of way in the crosswalk; and
WHEREAS: Pedestrians at the ends of the crosswalk may not be able to see the "Don't Walk" signal and also may not be able to see the light for automobile traffic; and
WHEREAS: This confusion about signals and right of way may lead to pedestrians entering the crosswalk without realizing that the oncoming vehicular traffic still has a right of way; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff and report back to the City Council on the status of the pedestrian signals at this crosswalk and the City's plans to make the relevant signals clearly visible to pedestrians at all points in or near the crosswalk.

O-14     July 27, 2009  amended
COUNCILLOR DAVIS
MAYOR SIMMONS
VICE MAYOR SEIDEL
COUNCILLOR MAHER
COUNCILLOR WARD
WHEREAS: On May 24, 2009, the Cambridge City Council passed a council order recognizing that a climate emergency exists and requesting that the City Manager increase the city's responses to a scale proportionate to the emergency and consistent with the city's own Climate Protection goals for 2010 and beyond; now therefore be it
ORDERED: That a special meeting of the City Council be scheduled on the topic of the climate emergency for Sept 30 24, 2009.

O-15     July 27, 2009
MAYOR SIMMONS
VICE MAYOR SEIDEL
WHEREAS: The turbulent economy that has gripped the nation has hit municipalities hard, with increased numbers of people having lost their jobs, their housing, and the ability to obtain bare necessities such as food and shelter. Many of these individuals have been forced into temporary, untenable living conditions, or have been forced onto the streets; and
WHEREAS: Those that find themselves in these situations are in a crisis state, and the matter becomes even more urgent during the winter months, when shelters may become crowded to the point of turning people away, and sleeping on the streets can be deadly due to freezing temperatures and exposure to the elements; and
WHEREAS: Shelters, churches, and social service agencies have all reported a spike in the number of people seeking assistance, even as their resources to help these people have been severely reduced. The resulting strain on all social service providers and agencies has made locating temporary shelter for those in crisis particularly challenging; and
WHEREAS: Many individuals in the midst of a crisis - especially those who are unsure of where they will be able find shelter that evening - will often contact or visit City Hall with an urgent request that the Mayor, the City Councilors, or the City's support staff help them locate immediate shelter; and
WHEREAS: These individuals will often come to City Hall with a variety of issues that make determining where to send them more difficult. These can include physical and/or mental health issues, a lack of proper identification, communication difficulties, or other extenuating circumstances. This scenario can be particularly challenging when an individual arrives at City Hall at the end of the business day, when City departments are closing down for the evening, when there is not enough time for the individual to be directed to the Multi Service Center, and when the majority of local shelters are full for the evening; and
WHEREAS: This scenario is often stressful not only for the individual seeking assistance, but also for the City employee who must place all other tasks on hold as she seeks to direct the individual in crisis towards the appropriate office or agency; now therefore be it
ORDERED: The City Manager be and hereby is requested to confer with the appropriate department heads to draft a set of clear and concise guidelines detailing whom to contact if homeless and/or intoxicated individuals come to City Hall at 5pm or later in search of immediate short-term shelter; and be it further
ORDERED: These guidelines should contain the names and contact numbers for the best individuals to contact in these urgent situations, and they should also contain any other information that may be of service to a City employee attempting to quickly direct an individual in crisis towards a trained service-provider; and be it further
ORDERED: That a link to these guidelines be posted on the City's intranet homepage in an easily spotted location.

O-16     July 27, 2009
MAYOR SIMMONS
VICE MAYOR SEIDEL
WHEREAS: The Cambridge Police Headquarters on Sixth Street officially opened for business on Dec 8, 2008; and
WHEREAS: The former police headquarters on Western Avenue now sits vacant, and residents have been questioning what the City plans to do with this space; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on any proposed plans for the vacated police headquarters on Western Avenue.

O-17     July 27, 2009
MAYOR SIMMONS
WHEREAS: The Cambridge Police Headquarters has recently moved from Western Avenue in Central Square to Sixth Street in East Cambridge; and
WHEREAS: Cambridge residents have expressed anxiety about the relocation of the police headquarters, and many have cited their previous comfort in knowing that if they were out enjoying Central Square's bustling nightlife, they could walk to the police station within minutes if the need arose; and
WHEREAS: Many Cambridge residents have expressed a strong desire for some form of continued, stationary police presence within Central Square. Even though the police regularly patrol Central Square and are always reachable by phone, it has been suggested that having an officer situated in one prominent location would bring greater peace of mind and comfort to residents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Police Commissioner on implementing one stationary police officer posted in a prominent location within Central Square, and that the City Manager report back to the City Council regarding this matter in a timely fashion.

O-18     July 27, 2009
MAYOR SIMMONS
WHEREAS: The unfortunate incident on July 16, 2009 involving the police and Professor Gates has garnered international debate and attention; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report on the measures being taken to expedite a peaceful resolution to this matter.

O-19     July 27, 2009  amended
COUNCILLOR DECKER
COUNCILLOR WARD
COUNCILLOR TOOMEY
WHEREAS: The City Council adopted the Responsible Employer Ordinance to ensure that developers doing business in Cambridge pay prevailing wage, health insurance and pension benefits; and
WHEREAS: It is critical that the City of Cambridge mirror its own policies when contracting outside companies to do work with the city; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Purchasing Agent and other appropriate departments to enforce that any contractor hired by the City through the "File Sub Bid" process must prove that their employees have health care, workman's compensation, a pension fund and meet the 10-hour OSHA safety certification; and be it further
ORDERED: That 30% of employees hired by contractors be women and minorities.

O-20     July 27, 2009
VICE MAYOR SEIDEL
WHEREAS: The City of Cambridge is known for having very good drinking water, where the City's Water Department's standards exceed those set at the state and federal levels for tap water; and
WHEREAS: The cost of using tap water for drinking water is pennies per gallon versus bottled water, which is at least 50 cents per gallon; and
WHEREAS: In addition to the cost of bottled water, the environmental side effects of using bottled versus tap include disposal of plastic containers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confirm that all City buildings use the municipal supply for drinking water and that the City does not purchase bottled water for use in public buildings.

O-21     July 27, 2009
VICE MAYOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with any new information regarding the North Point development project and the relocation and construction of the Lechmere Green Line Station since the Manager's letter of Mar 2, 2009.

O-22     July 27, 2009
VICE MAYOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on whether the City regulates mobile billboard use in the City.

O-23     July 27, 2009
COUNCILLOR DECKER
COUNCILLOR TOOMEY
WHEREAS: Oaktree Development is about to embark on two projects in the Porter Square area and the Fresh Pond Mall area; and
WHEREAS: In these difficult times it is even more critical that Cambridge developers honor the Cambridge Responsible Employer Ordinance and ensure that all contractor and sub-contractors are hiring companies that pay prevailing wage, pension and health care care benefits and have certified apprenticeship programs and are working with companies that can recruit certified Cambridge residents to do the work; now therefore be it
ORDERED: That the City Council go on record asking Oaktree Development to honor the Responsible Employer Ordinance and commit to hiring contractors and subcontractors who pay prevailing wage, provide pension and health care benefits, have certified apprenticeship programs and are working with companies that can recruit certified Cambridge residents to do the work.

O-24     July 27, 2009
COUNCILLOR DAVIS
ORDERED: That the City of Cambridge go on record as observing National Stop on Red Week, Aug 2-8, 2009.

O-25     July 27, 2009
COUNCILLOR WARD
WHEREAS: The City Council of Cambridge wishes to recognize the outstanding work of its Police Department; and
WHEREAS: While the City Council recognizes that the issue of racial profiling is a national issue, and one that must be addressed at all levels, it is not clear that the recent incident in Cambridge involving renowned Harvard Professor Gates and the well-respected officer Sergeant Crowley would support such an allegation; and
WHEREAS: A public statement authored by both the Cambridge Police Department and representatives for Professor Gates was released on July 21, 2009; now therefore be it
RESOLVED: That the Cambridge City Council hereby goes on record in support of the statement issued by the City of Cambridge, the Cambridge Police Department and representatives for Professor Gates, which reads as follows: "The City of Cambridge, the Cambridge Police Department, and Professor Gates acknowledge that the incident of July 16, 2009 was regrettable and unfortunate. This incident should not be viewed as one that demeans the character and reputation of Professor Gates or the character of the Cambridge Police Department. All parties agree that this [dropping of all charges] is a just resolution to an unfortunate set of circumstances."

O-26     July 27, 2009
COUNCILLOR REEVES
WHEREAS: The area on Main Street along the side of the Marriot Hotel in Kendall Square is riddled with sidewalk cracks and deformities; now therefore be it
RESOLVED: That the City Manager be and hereby is requested to report on the plan and timetable for resurfacing the Kendall Square sidewalks area by the Marriot Hotel.

O-27     July 27, 2009
COUNCILLOR REEVES
WHEREAS: There have been recent incidents in which citizens have requested the names and badge numbers of police officers; and
WHEREAS: In the past, police officers were required to wear badges and nameplates; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report on whether wearing nameplates and badges is still required.


O-28     July 27, 2009
COUNCILLOR DECKER
COUNCILLOR TOOMEY
COUNCILLOR REEVES
COUNCILLOR WARD
WHEREAS: The arrest of Dr. Henry Louis Gates Jr. has received a large amount of attention; and
WHEREAS: The Mayor is elected by the City Council and the City Manager is hired by the City Council, but the public makes little distinction between statements made by either the Mayor or the City Manager, and the City Council, it is critical that the City Council know what statements are being made on its behalf; now therefore be it
ORDERED: That given that the City Council was given little or no notice regarding press statements and appearances, that the City Manager and Mayor provide the City Council with the occurrences of press statements and appearances made, the names of the media organizations made to, and summaries of all press statements made regarding the arrest of Dr. Henry Louis Gates Jr. on the City Council's behalf.

O-29     July 27, 2009
COUNCILLOR DECKER
COUNCILLOR TOOMEY
COUNCILLOR REEVES
WHEREAS: The recordings of the 911 call regarding the arrest of Dr. Henry Louis Gates Jr. were distributed to the press at the press conference held at noon on Monday, July 27, 2009; and
WHEREAS: The City Council did not receive copies of these recordings, nor was the City Council privy to the information contained within the recording; and
WHEREAS: During the press conference Police Commissioner Haas stated that the Police Department and the City Manager are working with the City Council to create a commission to look into the events surrounding the arrest of Dr. Gates; and
WHEREAS: That City Council has no official knowledge of such a commission prior to Commissioner Haas' press release; and
WHEREAS: The Mayor, the City Manager, and the Police Commissioner must be cognizant that their words are publicly interpreted as the opinion of the City Council; now therefore be it
ORDERED: That the City Council be given copies of the 911 tapes, as well as details of the commission that the Police Commissioner and the City Manager are coordinating regarding this matter.

O-30     July 27, 2009
COUNCILLOR REEVES
WHEREAS: On Thursday, July 23, 2009, the City Council Committee on Economic Development, Employment and Training held a meeting to discuss the upcoming License Commission Taxicab Committee meeting on Tuesday, July 28, 2009 at which a controversial proposal to require all Cambridge taxicabs to have credit card machines installed will be discussed; and
WHEREAS: At the Council Committee meeting, there was a robust discussion about the pros and cons of mandating credit card machines for all Cambridge taxis; and
WHEREAS: Testimony was received from taxi owners, taxi drivers, Cambridge License Commission staff, Cambridge Office of Tourism and the Cambridge Chamber of Commerce. But, nearly 40 of the taxi owner/drivers present stood at the Committee meeting to indicate their strong objection to making credit card machines in all Cambridge cabs mandatory. It was the express sentiment of many members of this group that they would support only a voluntary program; and
WHEREAS: There was significant testimony that the independent taxi owner/taxi drivers are concerned that their voices are not heard to their satisfaction. There appear to be many concerns that the Taxi Committee is having difficulty achieving consensus amongst its several constituencies; now therefore be it
RESOLVED: That the City Manager be and hereby is requested to monitor and review the deliberation of the Taxi Committee, particularly with respect to mandating credit card machines in all Cambridge taxi cabs and the smooth functioning of the Taxi Committee.

O-31     July 27, 2009
COUNCILLOR TOOMEY
WHEREAS: The Breast Cancer 3-Day Walk made its way through Cambridge on Sunday, July 26, 2009; and
WHEREAS: The City of Cambridge fully supports the many participants and volunteers who have dedicated themselves to the walk and to raise funds to find a cure for breast cancer; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ensure that the City of Cambridge provides suitable accomodations for walkers during next years event, by keeping the Senior Center and City Hall open in order to keep the restrooms available for people participating in the event.

O-32     July 27, 2009
MAYOR SIMMONS
ORDERED: That the Mayor will convene a special Blue Ribbon committee which will look at issues of community unity.

O-33     July 27, 2009
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the City Council with a description of what uses are permitted as of right under the present zoning for 1607-1615 Massachusetts Avenue and what the effect of the building being empty for more than two years for remediation of contamination would have on the ability to continue the nonconforming retail uses.

O-34     July 27, 2009
COUNCILLOR WARD
ORDERED: That the City Council requests the University Relations Committee to explore the best format for an annual Town/Gown report that involves the universities' program contributions and particularly connections, particularly in the area of public education; and be it further
ORDERED: That the Mayor convey to the School Committee the City Council's request that the School Committee direct the Superintendent of Schools to provide for appropriate Cambridge Public School Department participation in this exploration of a Town/Gown report on university involvement in public education programs.

O-35     July 27, 2009
COUNCILLOR WARD
ORDERED: That the City Manager be and hereby is requested to request Harvard University and MIT be requested to respond in writing to the University Relations Committee with regard to the issues raised by the SEIU representatives as to layoffs and reductions in hours and replacement of fulltime union positions with part-time nonunion positions for consideration by the committee at its next meeting on this topic.

O-36     July 27, 2009
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to refer the proposal for wind turbine zoning to the Historical Commission and the Board of Zoning Appeal, to both the staff and the commissions, for review and comment and further, to request that the response be sent and received back to the Ordinance Committee by September 1, 2009.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Finance Committee, comprised of the entire membership of the City Council, conducted a public meeting on July 15, 2009 beginning at 1:30pm in the Ackermann Room. The purpose of the meeting was to receive updates on the status of the FY 10 budget particularly with regard to the effects of federal stimulus funding, the state budget and the hotel/motel and meals tax.

Present at the meeting were Councillor David Maher, Chair of the Committee; Councillor Henrietta Davis; Councillor Kenneth E. Reeves; Vice Mayor Sam Seidel; Councillor Timothy J. Toomey; Councillor Larry Ward; and Margaret Drury, City Clerk. Present from the administrative staff were Robert W. Healy, City Manager; Richard Rossi, Deputy City Manager; Louis DePasquale, Assistant City Manager for Financial Affairs; David Kale, Budget Director; David Holland, Budget Analyst; Michelle Kincaid, Finance Department; James Monagle, City Auditor; Lisa Peterson, Commissioner of Public Works; Beth Rubenstein, Assistant City Manager for Community Development; and Jeana Franconi, Director of Administration, Department of Human Service Programs.

Councillor Maher opened the meeting and explained the purpose. He apologized for having had to schedule a meeting with just the minimum 48 hour notice required by the Open Meeting Law and explained that the timing of the required action on a local option revenue opportunity necessitated scheduling this committee meeting as soon as possible. Councillor Maher then invited City Manager Healy to make a presentation. Mr. Healy distributed a memorandum to the Finance Committee entitled "Finance Summary" (Attachment 1) and outlined the material presented therein, beginning with information on the federal stimulus funding (ARRA). Mr. Healy reported that although no stimulus funds have yet been distributed to Cambridge, the City anticipates receiving nearly $3.5 million to be expended over the next 36 months under the ARRA programs that are entitlement formula based. These include $1,302,128 in the Homeless Prevention and Rapid Re-Housing Program allocated under the HUD Emergency Shelter Grant formula for direct support to families and individuals facing housing displacement, and $851,070 as additional stimulus funding allocated to Community Development Block Grant eligible communities, funding that Cambridge proposes to use for street and sidewalk improvements in block grant-eligible neighborhoods, the Bio Medical Training Program that was a victim of State Budget cuts and the Best Retail Practice Program. For both of these sources of funds, grant applications have been submitted and have received verbal approval, but as yet no formal grant award.

Councillor Reeves asked how many of the participants in the Bio Medical Training Program are Cambridge residents. Ms. Rubenstein said that about half of the 30-34 students per session are Cambridge residents and the Cambridge funding only supports training for Cambridge residents.

The other entitlement formula grants that the City anticipates are $1,139, 400 from the Energy Efficiency and Conservation Block Grant from the Department of Energy to be utilized for municipal building energy efficiency improvements, the community-based Energy Efficiency Campaign, community energy efficiency incentives and the public bicycle parking capital program, and $246,068 from the Edward Byrne Memorial Competitive Grant Program, a law enforcement/criminal justice system improvement grant that Cambridge proposes to use to secure two full-time grant positions, Neighborhood Coordinator and Case Manager for Investigations, that will be lost in FY10 due to the elimination of COPS funds from the State Budget.

Councillor Davis noted the need for regular allocations of funds to increase bicycle parking facilities.

Councillor Maher asked if the additional street and sidewalk funds would create new jobs. Mr. Healy said that the funds would enable the City to undertake improvements that it could not otherwise undertake in this fiscal year, which in turn means that more projects will go out to bid and more contracts will be awarded than would otherwise be the case. None of these funds will go to hire more municipal employees.

Mr. Healy said that the City has also submitted applications totaling $2,419,172 for competitive grants for hybrid retrofitting for municipal vehicles ($676,000 for 8 cars and 6 buses) and additional law enforcement funds ($1,340,111 COPS Hiring Grants and $403,061 related to programs that increase capacity of the State and Local Law Enforcement Assistance Program).

Mr. Healy then moved to an update of the State Budget. He directed the committee's attention to Attachment A in his memorandum. Attachment 1. The net impact of the recent adjustments to the State Budget is that Cambridge will receive $2 million less in local aid state funds than is currently reflected in Cambridge's adopted FY 10 budget. He said that as is described in Attachment B in his memorandum, as part of its budget deliberations this year the State Legislature has added a new local meals excise and has increased the local room occupancy excise maximum rate. Local excises become operative only if accepted by a city or town.

Mr. Healy said that the City Council has three options to deal with the $2 million shortfall in the budget as currently formulated. The Council can cut $2 million from the budget, raise property taxes to cover the $2 million shortfall or vote to accept the local option to impose a local meal excise of .75% on sales of restaurant meals and to amend the local hotel/motel room occupancy excise to the new maximum rate of 6% from the previously allowed maximum of 4%.

As with the existing local option room occupancy excise, the DOR will collect the local meals excise at the time it collects the state tax on the sale, which is collected quarterly. Acceptance of the local option becomes operative on the first day of the next calendar quarter after the vote, provided that date is at least 30 days after the vote. Thus, Oct 1, 2009 is the earliest an acceptance can become operative for FY10. A community must accept on or before Aug 31, 2009 in order for the DOR to begin collecting the excise on that date.

Councillor Maher asked what a person who checks into a hotel currently pays as a total room occupancy excise and what that person would pay if the new maximum local excise of 6% is accepted. Mr. Healy said that right now a hotel guest pays 12.45 % of the bill, and the City can keep 4% of the total excise. If the local option amendment is voted by the Council, the total excise would go up to 14.45%, and the City would be able to keep 6% of that amount. In response to a question from Councillor Maher, Mr. Healy said that this rate is relatively low compared with other large cities.

Councillor Ward asked how much revenue would be generated from these excises. Mr. Healy said that if the excise becomes effective in October, then 2/3 of the expected annual receipts would go toward the FY 10 budget. Using a conservative estimate because hotel revenues from last quarter were down 24%, he estimates that the increase in the rate would add $1.2 in FY10 revenue, and an annual increase of $1.8 million.

The restaurant meals tax is currently 5%, all of which goes to the State. Acceptance of the local option excise of .75% would result in a total charge of 6.25% of which .75% would go to the municipality. On a $100 restaurant bill, that would result in an increase of 75 cents. Mr. Healy and his financial staff estimate that the local option meals excise would result in an additional $1.5million this year for a total additional amount of $2.7 from the hotel and meals excises for the FY 10 budget.

In response to questions from Vice Mayor Seidel, Mr. Healy said that Massachusetts has the lowest meals tax of any bordering state, and that the mayors of the bordering communities of Somerville and Boston are strong supporters of this local option.

Councillor Davis said that the Cambridge City Council and the Massachusetts Municipal Association has been saying for the past several years that municipalities need local sources of revenue in addition to the property tax. She stated that she believes that the City Council is really obligated to adopt these options. The proposed increases are modest, and the Council should take the opportunity to raise revenue from something other than the property tax.

Mr. Healy emphasized the importance of the Council accepting the options by Aug 31, 2009, if it is going to accept them. If they miss that deadline, the excise cannot take effect Oct 1, 2009, and they cannot use that funding source as an offset to property taxes when the City Council takes its votes in September on the classifications that result in the tax rate.

Councillor Maher submitted the following motion:

Ordered: That the Finance Committee hereby refers the question of accepting G.L. c 64L, sect. 2 (a) to impose a local meals tax excise to the City Council with a favorable recommendation; and be it further

Ordered: That the Finance Committee hereby refers the question of amending its local room occupancy excise under G.L. c 64G, sect. 3A to the rate of 6% to the City Council with a favorable recommendation.

The motion passed without objection.

Councillor Maher informed the committee that he had requested that Mr. Healy be prepared to discuss the City's pension liability and its effect on the budget and the financial stability of Cambridge. Mr. Healy distributed copies of the 2008 Investment Report of the Massachusetts Public Employee Retirement Administration Commission (PERAC). Attachment 2.

Mr. Healy said that Cambridge is well positioned to meet the statutory mandate that there be no unfunded pension liability by 2028. Cambridge's plan has been to reach that goal by 2013. As can be seen in the chart of funded ratios in the report, as of Jan 1, 2008 Cambridge's funded ratio was 92%, i.e., 92% of Cambridge's future liability was funded. Only four Massachusetts municipalities showed a higher ratio. The Massachusetts legislature has extended the deadline from 2028 to 2030 (Section 18 of Chapter 21 of the Acts of 2009). Cambridge's plan is to end all unfunded liability long before 2028, but if the next actuarial report shows additional decline in the ratio, the 2013 goal may need to be adjusted somewhat, or the City may review potential additional funding.

With regard to the unfunded liability for post employment benefits other than pensions (OPEB), Mr. Healy stated that Cambridge has identified as a source of future funding for the OPEB liability the $13 million per year that is currently allocated to eliminating the unfunded pension liability and is scheduled to be available in 2014. City Auditor James Monagle, who also serves as a member of the Cambridge Retirement Board, said that the unfunded OPEB liability is a complicated issue which is going to require state action to resolve. At this point there is no funding vehicle in which to put funds. The Government Accounting Standards Board requires deposit of these funds in an irrevocable trust, but legislation is required to allow municipalities to set aside the money is such a trust. There is also a lack of clarity as to whether committed funds could be commingled in a pool of investments through the Retirement Board or Pension Board Retirement Trust to maximize investment return.

Mr. Healy said that these issues have been fully discussed with the rating agencies that continue to rank Cambridge bonds as AAA investment grade. Health care is by far the biggest piece of post retirement benefits in addition to pension. No Cambridge retiree or future retiree is in danger of losing their health care. The City has $17 million in its health care claims trust fund.

Councillor Davis said that there should be some response to all of the misinformation that is being circulated about the state of the pension funding.

Councillor Maher thanked all those present for their participation. The meeting was adjourned at 2:52 p.m.

For the Committee,
Councillor David P. Maher, Chair


Committee Report #2
The Housing Committee held a public meeting on May 12, 2009 beginning at three o'clock and five minutes in the Sullivan Chamber, 2nd floor, Cambridge City Hall. The purpose of the meeting was to discuss plans for a public forum to provide information and support for homeowners or tenants who may be facing displacement because of economic distress.

Present at the meeting were Vice Mayor Sam Seidel, Chair of the Committee; Councillor Henrietta Davis; Councillor Kenneth E. Reeves; Councillor Larry Ward; and City Clerk Margaret Drury. Also present were Ellen Semonoff, Assistant City Manager for Human Services; Stephanie Ackert, Division Head, Planning and Research Division, Department of Human Services Programs (DHSP); Marianne Colangelo, DHSP; Len Thomas, Director of the Multi Service Center, DHSP; Beth Rubenstein, Assistant City Manager for Community Development; Christopher Cotter, Director of Housing, Community Development Department (CDD); Joshua Meehan, Senior Program Manager, Cambridge Housing Authority (CHA), Peter Daly, Executive Director, Homeowners Rehab, Inc. (HRI); Hilary Smith-Gage, Resident Services, HRI; Lauren Curry, Just-A-Start; Paul Lambe, Just-A-Start Mediation for Results program; Elaine DeRosa, Executive Director, CEOC; Adrienne Roche, Winn Management Company; Camille Perry, Mabney Properties; Angel Aiguier, YAH Video News Magazine; and Victoria Harris.

Vice Mayor Seidel convened the meeting and explained the purpose. There was a discussion in which those present who work directly with tenants described the deteriorating economic circumstances they are seeing in recent weeks. There was particular note of the problems of insufficient childcare resources. Single women who have been out of work for a certain number of weeks lose the childcare subsidies which they need to be able to work. Councillor Reeves said that he has encountered a number of people who previously were solidly situated in the middle class and then lost their jobs and have been unable to find work. He noted that this presents huge problems for the unemployed tenant and the landlord who needs the rent to pay the mortgage. Councillor Ward said that there are also people falling behind in mortgage payments who could perhaps be assisted by a City program that would allow them to defer payment on property taxes. It was agreed that statistics on unemployment and evictions in Cambridge would be useful.

Discussion turned to plans for an event to provide assistance to persons facing displacement. Problems with low attendance at resource fairs in the area were noted. There was agreement that an event focusing on providing information about available resources to landlords and managers of larger buildings with affordable housing units, tenant association presidents and leaders, clergy, and other persons with whom tenants with economic problems might discuss their concerns would be fruitful. There was preliminary discussion of a forum, perhaps with personal invitations issued by the Mayor, similar to the currently popular networking events. There was also agreement that Ms. Colangelo should continue her work on the preparation of written material summarizing useful resources. See attached draft material. It was suggested that this information should be on the City's website as well.

Vice Mayor Seidel thanked all those present for their participation. The meeting adjourned at 4:45pm.

For the Committee
Vice Mayor Sam Seidel, Chair


Committee Report #3
The University Relations Committee held a public meeting on May 20, 2009, beginning at two o'clock and five minutes P.M. in the Ackermann Room, Cambridge City Hall. The purpose of the meeting was to discuss the committee's agenda for the remainder of the term, Harvard's termination of the lease with Three Aces Pizza on Massachusetts Avenue and the layoffs of low paid workers by Harvard and MIT.

Present at the meeting were Councillor Larry Ward, Chair of the Committee; Vice Mayor Sam Seidel; Mayor E. Denise Simmons; Councillor Craig Kelley; Councillor Kenneth E. Reeves; and City Clerk D. Margaret Drury.

Also present were Carolyn Turk, Interim Superintendent, Cambridge Public Schools; Susan Glazer, Deputy Director, Community Development Dept. (CDD); Mary Power, Senior Director of Community Relations, Harvard University; Tom Lucey, Office of Community Relations-Cambridge, Harvard University; Sarah Gallop, Co-Director, Office of Government and Community Relations, M.I.T.; Paul Parravano, Co-Director, Office of Government and Community Relations, M.I.T.; Katherine Triantafillou, Attorney for Mr. Eliadis and Mr. Iannacone; Stamatis Eliadis, 43 Hill Circle, Burlington, MA; Fred Iannacone, 68 Brooks Ave., Arlington, MA; Tim Rowe, 64 Gorham St., Cambridge, MA; Sarah Cook, Cambridge Housing Authority; Anya Petroff, 77 Massachusetts Ave., Cambridge, MA; Matt Gulish, SEIU Local 615, 26 West Street, 3rd fl, Boston, MA; Daniel Brasil Becker, SEIU Local 615, 26 West St., 3rd fl, Boston, MA; Terrence Smith, Director of Government Affairs, Cambridge Chamber of Commerce; Patricia E. Singer, 45A Museum St., Cambridge, MA; Karen Klinger, 20 Beech St., Cambridge, MA; Andrew Farrar, 4 Lawrence St., Cambridge, MA.

Councillor Ward convened the meeting and explained the purpose. He began with the issue of Harvard's termination of the lease of Three Aces Pizza at 1607-1615 Massachusetts Avenue. In response to a Council Order, the City Manager provided a report on the matter at the Apr 6, 2009 City Council meeting (Attachment A). That report was referred to the University Relations Committee for further inquiry. Councillor Ward invited Harvard to begin the discussion.

Ms. Power said that two years ago, as part of the soil testing done in connection with construction at the Law School, Harvard discovered dry cleaning solvent in the ground water. The solvent, perchloroethylene (PCE) had been released at the commercial building at 1607-1615 Massachusetts Avenue, where a dry cleaning business was located for over 40 years. They have been working with the Massachusetts Department of Environmental Protection, but they cannot say how long it will take or what steps will be necessary.

Mr. Lucey added that during the investigation they found some of the building materials were contaminated. As they do the work to remove the toxic material, they may uncover additional problems requiring remediation. Harvard was only willing to offer short-term lease renewal to the tenants. At this time, there is only one tenant left - the barber. Mr. Lucey said that Harvard understands the desire of the residents and the City for retail in that spot and agrees and desires to put retail back in when the building can be occupied again.

Attorney Katherine Triantafillou, 49 Viney and Meadow Farms Road, Tisbury, MA, stated that she represents Stamatis Eliadis, owner of the 3 Aces Pizza Shop and Fred Iannacone, owner of the Central Barber Shop. She said that Mr. Eliadis is unable to speak to the committee because he signed a document which prevents him from speaking about Harvard. She introduced Fred Iannacone.

Mr. Iannacone said that he owns the Central Barbershop in the building. Twenty years ago Harvard bought the building. At that time Harvard knew about the contamination, cleaned it up and told the tenants that everything was okay. When they made Stamatis leave, they didn't say that he could come back after they cleaned up the building. He said that he has been a good member of the community. He has a petition signed by law school customers who want him to stay. Harvard doubled the rent and took all the parking away.

In response to Vice Mayor Seidel's question about his current status, Mr. Iannacone said that he will occupy an abutting space owned by Harvard, but that he can stay in the current space for the rest of his lease. Attorney Triantafillou said that he will be paying the same rent for a smaller space. Harvard did not offer to help with the expense that Mr. Iannacone will incur to make the space a barbershop.

Councillor Kelley asked about the future of the building. Mr. Lucey said that the future of the building is very uncertain. Councillor Kelley asked why, if the building is safe enough to be occupied by a tenant right now, it had to be emptied out at this time. He said that it looks like someone jumped the gun. Ms. Power explained that their experts have told them that remedial work can be done much more thoroughly and quickly when the building is empty. Since the time that the solvent was first discovered and the building was cleaned to meet the Department of Environmental Protection regulations then in effect, they have discovered more solvent and the regulations have changed.

Councillor Reeves asked why the barbershop could continue to occupy the premises while the pizza place could not. Mr. Lucey said that it was the tenants' choice. Councillor Reeves asked whether Harvard talked to the owner of the pizza place about other possible locations and Mr. Lucey replied that he did not know; the lease negotiations were handled by Harvard Real Estate. Mr. Ianconne said that when he signed the five-year lease Harvard said that they would not be developing the property for 14 years. Three years later they said he would have to get out and offered him a one-year lease. They did not give other options.

In response to a question from Councillor Kelley, Mr. Lucey said that like most commercial leases, the leases with these tenants contained a 12-month termination clause. Harvard exercised this clause and offered incentives for leaving early.

In response to a question about the dress shop that used to occupy the building, Mr. Lucey said that the dress shop moved into another Harvard space in Harvard Square.

Councillor Ward said that more information is needed about this issue. Councillor Reeves said that the committee needs to hear from someone from the Harvard Real Estate Office. Attorney Triantafillou said that Mr. Eliadis would love to start his pizza shop again. There was no mention of remediation in the notice to quit. In August 2007, the tenants received material saying there was no danger and no problem. In January 2009 they were told to get out and never informed about the remediation efforts, and if the situation was so terrible why did Harvard give them another year. These tenants want to be in business and they want to be treated fairly. When she asked for a meeting with Harvard Real Estate, she was rebuffed.

Councillor Kelley asked Ms. Glazer about the zoning. Ms. Glazer said that the building is in a C-2 residential zone. Businesses are non-conforming uses in the zone. In response to a question from Councillor Kelley, she stated that if the use were discontinued for two years, it would have to revert to residential unless the BZA granted a variance. Councillor Kelley asked if C-2 zoning permits dormitories as a use, and Ms. Glazer said that she believes it does.

Councillor Kelley submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the City Council with a description of what uses are permitted as of right and what the effect of the building being empty for more than two years for remediation of contamination would have on the ability to continue the nonconforming retail uses.

The motion passed without objection.

At this time Councillor Ward invited William Doncaster, Director of Public Affairs for Lesley University, to address the committee. Mr. Donacaster described Lesley University's petition of an amendment to the Zoning Ordinance to create a Lesley-Porter Overlay District in the Porter Square area. Their primary purpose for requesting the amendment is to build a space for the Art Institute of Boston. However, as part of the lengthily discussion with neighbors they were requested to look at their future possibilities for all of the land owned by Lesley in that area, so the proposal encompasses more area than what they will need for the AIB, which is the only building they are planning in the near future.

Vice Mayor Seidel noted that Lesley's proposal includes an exemption of up to 25,000 square feet of retail area the calculation of the total allowed floor area (FAR). He asked whether Lesley would seek to use that bonus for a university book store or some other similarly Lesley student-oriented retail or whether it would be retail space that would meet more community-oriented needs, and he requested that Mr. Doncaster relate his remarks to the recent closing of the Kotobukiya Market in Lesley's University Hall. Mr. Doncaster said that Lesley would expect to provide community-oriented retail in any FAR-exempt space, center retail area like Boston University. The Kotobukiya Market is a special case. Lesley has been wanting more of an academic presence for that building to give the School of Education a home of its own, instead of spreading it throughout a variety of small Victorian buildings while maintaining a shopping mall with classrooms upstairs. Lesley informed the owner two years ago that they would only offer a two year lease, and the owner of the Kotobukiya wanted a lease for five years. The owner of the Kotobukiya closed the market but still has two other leased spots in the building with ongoing leases, Blue Fin and Kotobukiya Sushi.

Councillor Ward invited public comment on this issue. Tim Rowe, 64 Goreham Street, stated that the Kotobukiya Market was one of the linchpins of the only Japanese cultural community in the area. The larger market helped make possible the existence of the small family-oriented Japanese businesses in the building.

Councillor Ward then invited representatives from M.I.T. to address the committee. Paul Parravano, Co-Director of the Office of Government and Community Affairs, reviewed the origin of the annual Town Gown Reports that the universities provide to the Planning Board. He said that during the discussions of the original commission convened by then Mayor Alice Wolf, City Manager and university administration, he learned that much is expected of the universities by the City, and it has always made sense to him to relate these expectations to education. He urged the committee to focus on this issue, in its many aspects. For example, M.I.T. cares deeply about the fact that not enough Cambridge residents attend CRLS. He urged the committee to look at the ways in which each of the universities can bring more to the table in the area public of education. Mr. Parravano also said that he would like to see the City Council help the residents to know more about the role that the universities play in economic development in Cambridge, something that Councillor Reeves began with his future forum featuring Dr. Juan Enriquez.

Councillor Kelley asked Mr. Parravano about the M.I.T. meeting at the Morse School on a large project and about the use of the M.I.T. gymnastic facilities by CRLS. Mr. Parravano said that he would look into those matters.

Councillor Kelley observed that what the City asks of the universities seems to be rather ad hoc. Sarah Gallop, Co-Director of the Office of Government and Community Affairs, said that too often the City and university officials come together only to discuss controversial issues-the worst time to talk. She described the thoughtful process that marked the inauguration of the University Relations Committee with Councillor Maher as chair, and the later exploration of potential contributors to public education under the tenure of Councillor Decker and former Councillor Galluccio as co-chairs.

Dr. Carolyn Turk, Interim Superintendent of Schools, stated that this is a very good time to be very intentional about what Cambridge wants from the universities vis-ŗ-vis public education. She suggested an "umbrella" theme with different pathways leading to the goals and vision. She mentioned professional development for Cambridge teachers, and university professors and students working with Cambridge students.

Ms. Power said that she welcomes this kind of discussion of opportunities which often get squeezed out by the time spent resolving particular frictions. She suggested as a starting point looking at the current landscape and also looking at the best practices. Dr. Turk said that there is already a tremendous amount of collaborative work going on between the universities and the public schools. Part of what needs to happen is looking at all of the pieces and seeing where they connect and where there are gaps. She added that the School Department needs to be more deliberate in telling the universities what the public schools need.

Councillor Reeves said he would like to see the university presidents more involved in the university/City relationships. He urged Councillor Ward, as chair of the committee, to meet individually with each university president, and to include Longy School of Music in these proceedings.

Ms. Gallop said that when they first began preparing the Town/Gown report and presentation for the Planning Board, they used to include information about all of the programs and activities involving the City, but the Planning Board focus is on land use and development. This committee might want to focus on changing the criteria for the Town/Gown report or requesting an additional report to the City Council that includes the program information that used to be part of the Tow/ Gown report.

Vice Mayor Seidel related a communication from former C.R.L.S. student detailing how the engagement of Lesley University with him while he was in high school enabled him to overcome learning obstacles, attend Lesley and look forward to a bright future.

Councillor Ward made the following motion:
ORDERED: That the City Council requests the University Relations Committee to explore the best format for an annual Town/Gown report that involves the universities' program contributions and particularly connections, particularly in the area of public education; and be it further
ORDERED: That the Mayor convey to the School Committee the City Council's request that the School Committee direct the Superintendent of Schools to provide for appropriate Cambridge Public School Department participation in this exploration.

The motion passed without objection.

Councillor Reeves noted the importance of involving the City Manager in this exploration.

Ms. Power said that she welcomes the opportunity to address the programmatic element and the wider connections.

Councillor Ward invited any additional comments on this issue. Terrence Smith, Director of Governmental Affairs, Cambridge Chamber of Commerce, stated that occasionally in the past the City Council and Planning Board held a joint hearing to review the Town/Gown reports. Perhaps this could happen again, or perhaps the City Council could hold a hearing for the specific purpose of reviewing the programmatic reports.

Councillor Ward then moved to a discussion of the issue of the layoffs of low paid workers by Harvard and M.I.T. and other businesses and institutions, which was referred to this committee by City Council Order Number 12 of Apr 13, 2009. Councillor Ward invited public comment on this matter.

Matt Gulish, Organizer, Service Employees International Union (SEIU) Local 615, stated that SEIU represents 4,000 university workers in New England, including 540 members at M.I.T. and 270 security officers at Harvard. Mr. Gulish described a meeting between union members and representatives of M.I.T. in which M.I.T. described plans to replace full time union employees with part-time nonunion employees. He urged the City Council to use all possible means to persuade the universities not to deal with the economic crisis by destroying the lives of their lowest paid employees and to engage in a real dialogue with real options to enable their employees to maintain their jobs.

Danny Becker, Organizer, SEIU Local 615, stated that he represents 400 custodians at Harvard University and Lesley University. Harvard has laid off 20 janitors. He said that it is important to remember that much is expected of these universities. They educate our future citizens and they also provide family-sustaining jobs. The universities have a responsibility to act differently from private businesses. Harvard's lack of transparency and unwillingness to engage in dialogue has been abysmal. Harvard Real Estate has made reductions and/or layoffs to 30-40% of its custodial staff. Those remaining custodians are now expected to do the jobs of the laid-off employees as well as their own jobs. Harvard has refused to meet with the union, and both Harvard and M.I.T. have refused to provide answers to written questions submitted to them.

At this time Vice Mayor Seidel stated that he would like to be part of any further discussion of this matter and that he needed to leave at this point. Councillor Ward said that he would schedule another meeting on this topic. He submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to request Harvard University and MIT be requested to respond in writing to the University Relations Committee with regard to the issues raised by the SEIU representatives as to layoffs and reductions in hours and replacement of fulltime union positions with part-time nonunion positions for consideration by the committee at its next meeting on this topic.

The motion passed without objection.

Councillor Ward thanked all those present for their participation. The meeting was adjourned at 4:00pm.

For the Committee
Councillor Larry Ward, Chair


Committee Report #4
The Ordinance Committee held a public hearing on, June 30, 2009 at four o'clock and three minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposal to amend the Zoning Ordinance to allow wind turbines to be placed in the City of Cambridge (Attachment C).

Present at the hearing were Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Committee; Councillor Henrietta Davis; Councillor Larry Ward; and City Clerk D. Margaret Drury.

Also present were Beth Rubenstein, Assistant City Manager for Community Development; Lester Barber, Director of Zoning and Land Use Planning, Community Development Department (CDD); Stuart Dash, Director of Community and Neighborhood Planning, CDD; Iram Farooq, Senior Planner, CDD; John Bolduc, Environmental and Transportation Planner, CDD; Nancy Glowa, Deputy City Solicitor.

Councillor Maher convened the hearing and explained the purpose. He invited CDD staff to present the petition.

Iram Farooq described the proposal, which is a product of the Green Zoning Force. An outline of the proposal is attached (Attachment A). Currently wind turbines are not addressed in the Zoning Ordinance. If someone wanted to install one, he or she would need to apply for a variance.

Under the proposed amendment to the zoning, two possible venues for wind turbines are proposed. For most installations a special permit would be required. There would also be as-of-right options in limited circumstances.

The special permit provision would apply city-wide to both building-mounted and stand-alone wind turbines. Since the application would be by special permit, there would be at least one public hearing before the Planning Board.

Ms. Farooq then outlined the criteria that the Planning Board would use in deciding whether to grant a permit, which are visual impacts, impact on the natural environment, shadow and noise. As-of-right installations of building-mounted only turbines would be permitted in limited cases in C-3, C-3A, C-3-B and SD-6 districts for educational purposes only. They would be allowed as temporary installations for up to two years and they could be renewed for additional time. The wind turbines could not be taller than 40 feet over the height of the building and would have to be located at least 200 feet away from the nearest residential use. There are provisions for setbacks which increase with the turbine height.

Councillor Davis said that one of the requirements of the Massachusetts Green Communities Act is that there must be some provisions for as-of-right renewable energy. She asked whether these proposed amendments would meet the criterion. John Bolduc said that the Green Building Task Force has been following the proposed law. They believe that there are a few different ways to meet those requirements.

Ms. Farooq then reviewed additional requirements that would apply to both as-of-right and special permit installations. Councillor Davis asked why the requirements for wind turbines are so much more stringent than the rules for other mechanicals. Ms. Farooq said that because of the newness of the technology and comments about concern for noise, the Task Force felt that it would be preferable to use the special permit process with an opportunity for the public to comment.

Councillor Davis made the following motion:
ORDERED: That the City Manager be and hereby is requested to refer the proposal for wind turbine zoning to the Historical Commission and the Board of Zoning Appeal, to both the staff and the commissions, for review and comment and further, to request that the response be sent and received back to the Ordinance Committee by Sept 1, 2009.

The motion passed without objection.

Councillor Maher asked whether they expect that most installations would be either commercial or educational. Ms. Farooq said it is not clear.

Councillor Maher asked what if a residential properties were undergoing a large renovation, would an application for a wind turbine installation go to the BZA rather than the Planning Board? Mr. Barber responded that the BZA always has jurisdiction over variances and can process a number of special permits applications. Councillor Maher asked whether the Task Force visited wind turbine installations in other communities. Ms. Farooq said that while the Task Force did not, she did and she did not observe any particular problem issues. In response to a question, she said that the wind turbine that she visited was located in a commercial area with a great deal of background noise.

Vice Mayor Seidel said that the only comment that he received was about noise, in particular the pitch of the noise which varies based on wind speed.

Vice Mayor Seidel asked about available data regarding energy generation. Ms Farooq said that she has not seen very much data relevant to the Cambridge situation.

Vice Mayor Seidel asked about situations with wind turbines on a high roof. Where would maintenance take place? Ms. Farooq said that the owners would have to have the land area to dedicate space for maintenance to take place.

Vice Mayor Seidel asked whether abutting property owners of a shared driveway could apply to install a wind turbine in the driveway. Mr. Barber said that an application that showed the agreement of both owners would probably be sufficient.

Councillor Davis said that she held a series of hearings on wind in Cambridge. There was testimony that one would need sustained wind of 11 miles per hour for a wind turbine to be a real power source. The major goal here is to enable institutions to be able to experiment. She believes that it is very important to support this proposal. She might be willing to support something a little less stringent. She is still surprised at how much the treatment of wind turbines differs from the way other mechanicals are treated.

Vice Mayor Seidel asked about wind turbine regulation in other municipalities. Ms. Farooq said that Boston's ordinance is quite new, and in other places, wind turbine regulation is geared to larger installations such that those laws are not relevant to the Cambridge situation.

David Rabkin, Chair, Climate Action Protection Committee, conveyed the committee's support for the proposal and submitted written remarks (Attachment B), Cambridge has an important role to play in advancing the technology. The committee believes that the universities can serve as incubators for trying out new technology. With regard to his role at the MIT Museum, he said that the quality of the data on performance is not good. He believes that the special permit is a good approach, much better than all as-of-right.

Vice Mayor Seidel asked whether a wind turbine could be placed as-of-right on Holyoke Gardens, and Ms. Farooq responded in the negative. In response to the same question about Widener Library, Ms. Farooq said that there could be an as-of-right installation there.

Vice Mayor Seidel posed a question about where and how the noise is measured. Ms. Farooq said that noise would be measured horizontally at the base of the installation.

Councillor Maher made the following motion:
ORDERED: That the Ordinance Committee refer the petition to the City Council and maintain subject matter jurisdiction to the committee.

The motion passed on a voice vote without objection.

Councillor Maher and Vice Mayor Seidel thanked all those present for their participation. The hearing adjourned at four o'clock and fifty minutes PM.

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


Committee Report #5
The Ordinance Committee held a public hearing on, June 30, 2009, beginning at five o'clock and five minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposal to amend Chapter 8.24 of the Cambridge Municipal Code "Refuse and Litter" and to add a new proposed ordinance Chapter 8.25 "Dumpster Licenses" (Attachment A)

Present at the hearing were Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Committee; Councillor Henrietta Davis; Councillor Larry Ward; and City Clerk D. Margaret Drury.

Also present were Nancy Glowa, Deputy City Solicitor; Paul Kawai, Legal Counsel; Commissioner Lisa Peterson, Department of Public Works (DPW); John Nardone, Assistant Commissioner for Operations, DPW; Rangit Singanayagam, Commissioner of the Inspectional Services (ISD); and John Fallon, Assistant Commissioner for ISD.

Councillor Maher convened the hearing and explained the purpose. He invited Commissioner Peterson to begin the presentation of the proposal.

Commissioner Peterson described the process which has produced the proposal. In response to an order of the City Council, the City Manager appointed a Rodent Task Force comprised of representative of the Inspectional Services, Public Works and Public Health Departments, members of the community and a representative from Harvard. The Task Force and then DPW, ISD and the Law Department, in more detail, drafted the proposal.

Ms. Peterson explained that the proposed Dumpster Licenses ordinance (Chapter 8.25of Cambridge Municipal Code) outlines a process for the licensing of all dumpsters by the ISD, including temporary dumpsters. The owner or designated responsible party must submit an application to the City with information that will allow the city to better regulate the proper use of the dumpster, including lot ownership, dumpster location, scheduling of hauling, cleaning and maintenance, waste hauler and pest control company data.

The proposed amendments to the Refuse and Litter ordinance (Chapter 8.24 of the Cambridge Municipal Code are (1) to appropriately reference the new Dumpster Licenses Ordinance and (2) to give the DPW more explicit control of refuse container use by multi-family buildings, including the ability of the DPW to refuse service due to the volume of the refuse and require private collection, which provisions are already in effect with respect to commercial and nonprofit establishments. Commissioner Peterson said that there are some multi-family buildings that are still relying on once-a-week DPW pickup when they really need a dumpster or more frequent private pickup.

Councillor Ward asked what would happen if the owner just kept putting the trash out on the street after DPW refused service. Ms. Peterson said that from the DPW and public health standpoint they are not going to leave garbage on the street. They would work with the owner to come up with an appropriate solution.

Councillor Davis reminded the staff of a complaint that had come to the Council about a property owner who was dumping trash from a building he owned in another location into the dumpster located on his Cambridge property, which was causing the dumpster to overflow every week. She asked Attorney Glowa whether the proposed amendments specifically addressed this situation, and Attorney Glowa answered in the affirmative. The new ordinance provides that the dumpster can only serve the building on the lot on which the dumpster is located.

Councillor Davis urged a parking demand traffic management approach to recycling, in which every year owners are required to show that recycling has increased and refuse left for disposal has decreased. She emphasized that the blue recycling bins are too small and send the wrong message.

In response to a question from Councillor Maher, Commissioner Singanayagam stated that there are about 400 dumpsters in Cambridge. Since there is currently no licensing requirement for dumpsters on private property, he does not have an exact number. Commissioner Peterson said that most other municipalities already require licensing of dumpsters on private property.

Minka vonBeuzikom, 20 Essex Street, member of the Rodent Task Force, spoke in support of the new ordinance. She believes very strongly that the new dumpster ordinance will really improve how Cambridge handles trash. The ordinance will ensure that the dumpsters are being properly maintained and will be very useful in the improvement of rodent control.

Councillor Davis moved that the proposed amendment be forwarded to the City Council and that the Ordinance Committee retain subject matter jurisdiction.

The motion passed on a voice vote.

Councillor Maher and Vice Mayor Seidel thanked all those present for their participation. The hearing adjourned at five o'clock and forty minutes PM.

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


Committee Report #6
The Ordinance Committee held a public hearing on, July 2, 2009 at 3:08pm in the Sullivan Chamber. The hearing was held for the purpose of considering a petition filed by Jean Connor et al. to amend the Zoning Map of Cambridge in an area described by a line, said line beginning at the intersection of the center-line of Garden Street and the Residence B zoning district line, a line parallel, to 100 feet distant from and northerly of the northerly sideline of Huron Avenue, by deleting the current Residence C-1 designation and substituting therefore the designation Residence B.

Present at the meeting were Councillor David Maher and Vice Mayor Sam Seidel, Co-chairs of the Committee. Also present were Susan Glazer, Deputy Director of the Community Development Department (CDD); and Lester Barber, Director of Zoning and Land Use, CDD.

Councillor Maher convened the hearing and explained the purpose and the process.

He invited Mr. Barber to provide information regarding his zoning analysis which is reflected in three maps that he submitted for the record. Attachment A. Mr. Barber said that the proposed zoning change would leave 17 lots with FAR for further building and five lots on which additional dwelling units could be constructed. Councillor Maher asked Mr. Barber what percentage of lots across the city are currently nonconforming. Mr. Barber said the percentage is quite high, because there are several factors that can render a lot nonconforming. He would estimate that the percentage is between 50% - 70%, and somewhat less with respect to just a nonconformity of floor area ratio to lot size (FAR).

Councillor Maher requested that Mr. Barber describe what effects nonconformity has on the ability to make changes. Mr. Barber said that if the nonconformity is in the FAR, the owner cannot add on but may be able to convert basement area to living space as-of-right. Otherwise, you would need to seek a variance. Councillor Maher then invited the petitioners to make a presentation.

Jean Connor, 12 Sherman Street, said that on Patriot's Day, the neighbors woke up to find construction going on at the corner of Winslow and Sherman, to build three houses on a lot that had formerly held one house. This is a very densely populated area. Firefighters from the fire station at Taylor Square park on their street and add to the parking density. All over the city, this type of adjustment of Residence C districts to Residence B has been made and has not disrupted the lives of residents. The new housing units being produced, lots like the one at Sherman and Winslow, are too small for families so they contribute to the transiency rather than the stability of neighborhoods.

Hilary Hawkins, 30 Winslow Street, said that she and her husband have lived there for over nineteen years. When they moved there, it was a quiet neighborhood with open, green space. They have learned to their horror that there are other potential sites for over-development in their neighborhood.

Councillor Maher then moved to public comment.

Jonathan Zitran, 20 Sherman Street, said that the status quo has not been so great. To add a 6 ft X 6 ft front vestibule he had to get a variance, which took time and money. He feels the zoning is geared more to building new units than adding on a whole new unit. He would like to see some changes in the law to allow very small changes as-of-right but require stringent review of new units. He supports this proposal even though he could build more on his property under the current zoning.

John Hopkins, 30 Winslow Street, stated that the proposed change would bring the total new development allowed down from 30 to about 6, and urged City Council support.

Helen Abraham, 34 Winslow Street, spoke in support of the petition. She stated that she has lived on Winslow Street for many years. She hates to see the loss of trees. She expressed concern about the parking issues.

Sidney Ann Fingold stated her support for all of the previous speakers' comments.

Virginia Savage, 49 Winslow Street, stated that she lives across the street from another development. There are four developments close to her; all but one are speculative ventures. The neighborhood is changing to a neighborhood that will not favor long-term residents.

Pamela Blau, 15 Winslow Street, expressed her dismay at the changes that have removed beautiful gardens and trees and spoke and support of the proposal.

Sonia Tautak, 22 Sherman Street, spoke about the open space of adjacent back yards that has been completely changed by the new development. She hopes this petition could prevent more of this.

Rick Cooper, 8 Sherman Street, said that their windows face the new development. He compared it with Ground Zero in New York City.

Joe Maguire, 16 Stearns Street, between Sherman and Garden, expressed his opposition. Stearns Street is currently very family friendly and he does not perceive a threat.

Marcus Meister, 10 Newell Street, said that he empathizes with the neighbors, but at the same time, he believes that a zoning change for the entire neighborhood, when the issue is really three lots and on Winslow Street. Forty-three lots would go from conforming to nonconforming. This affects property values. This neighborhood grew up under C-1 zoning, not B zoning.

Elizabeth Gibb, Newell Street, spoke in opposition to the petition. Greater than 50% of the lots do not meet minimum lot size. If more than 50% of a nonconforming property burns down, you have to re-build to meet current zoning. With a change to Residence B, almost no one could do anything as-of-right, variances would be required.

June Excern, 14 Newell Street, expressed agreement with Elizabeth Gibb and Marcus Meister. Her heart goes out to her neighbors on Winslow, but she feels very strongly opposed to such a sweeping change to the entire area.

Elizabeth Zucker, Winslow Street, spoke in support of the petition. She does not believe that the down zoning would affect the property values. She urged protection of the neighborhood.

Fenton Hollander, 21 Sherman Street, stated that he has lived at his present location since 1973, and in Cambridge since 1958. The neighborhood when he moved in was something in between a Residence B and a Residence C neighborhood. We have been living essentially on a time bomb. The developer did not tell anyone because he did not have to. The BZA process is straightforward. If it is a good change, generally neighbors will support it and the applicants will get their variance. He would like to set guidelines so that development take place in the way that the neighbors want it to. The people appearing in opposition are relatively far from it; they don't see the development or experience the parking problems.

Susan Broner, 8 Sherman Street, spoke in support and expressed concern about the noise level of the construction.

There being no more people wanting to speak, Councillor Maher closed public comment.

Councillor Maher moved that the petition be referred to the City Council without a recommendation and that the Ordinance Committee retain subject matter jurisdiction. The motion passed without objection.

Councillor Maher and Vice Mayor Seidel thanked all those present for their participation. A letter from Jody Garber, 18 Stearns Street, expressing her support for the petition, was received and made part of the record. Attachment B. The meeting was adjourned at 4:25 p.m.

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


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

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

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

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

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

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

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

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

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

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

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

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

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

09-36. Report from the City Manager:  See Mgr #19
RE: report on the progress of the Healthy Parks and Playground Initiative Task Force.
Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-2)

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

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

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

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

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

09-55. Report from the City Manager:  See Mgr #22
RE: report on the problem of lice and on preventative measures to combat such infestation from occurring.
Councillor Reeves and Full Membership 06/01/09 (O-1)

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

09-61. Report from the City Manager:  See Mgr #10
RE: report on ways to reduce speed on Magazine Street.
Councillor Decker, Councillor Davis and Full Membership 06/08/09 (O-1)

09-62. Report from the City Manager:
RE: report on keeping the Magazine Beach pool opened.
Councillor Decker and Full Membership 06/08/09 (O-2)

09-65. Report from the City Manager:
RE: report on clarification of the policy on posting "no parking" signs.
Councillor Toomey and Full Membership 06/08/09 (O-7)

09-66. Report from the City Manager:
RE: report on efforts to prohibit smoking in parks.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 06/08/09 (O-8)

09-67. Report from the City Manager:  See Mgr #5
RE: report on the potential use by City departments and staff of social networking programs such as Twitter and Facebook.
Councillor Kelley and Full Membership 06/15/09 (O-1)

09-69. Report from the City Manager:  See Mgr #18
RE: report on the current status of the City's 5-year plan for road and sidewalk work.
Councillor Kelley and Full Membership 06/15/09 (O-3)

09-70. Report from the City Manager:  See Mgr #11
RE: report on the effectiveness of the traffic-calming program including any potential problems.
Councillor Kelley and Full Membership 06/15/09 (O-4)

09-72. Report from the City Manager:
RE: report on whether city streetlights are configured to prevent "disability glare."
Councillor Davis and Full Membership 06/15/09 (O-11)

09-73. Report from the City Manager:
RE: report on discussions between the developer of 303 Third Street and the City of Cambridge.
Councillor Toomey and Full Membership 06/22/09 (O-1)

09-74. Report from the City Manager:
RE: report on addressing traffic concerns at the corner of Gore and Fifth Streets.
Councillor Toomey and Full Membership 06/22/09 (O-2)

09-75. Report from the City Manager:  See Mgr #8
RE: report on whether Cambridge has any investments in Evergreen Investment Management Company and it affiliates.
Councillor Toomey and Full Membership 06/22/09 (O-4)

09-76. Report from the City Manager:
RE: report on inspecting rooftop mechanicals on commercial buildings to ensure they are functioning properly and within the noise ordinance.
Councillor Toomey and Full Membership 06/22/09 (O-5)

09-77. Report from the City Manager:
RE: report on painting pedestrian lines on the raised crosswalk on Oxford Street and on all raised crosswalks near schools, playgrounds or other areas with high pedestrian use.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 06/22/09 (O-7)

09-78. Report from the City Manager:
RE: report on how the City can support the Purple Hats Club.
Councillor Decker and Full Membership 06/22/09 (O-8)

09-79. Report from the City Manager:  See Mgr #23
RE: report on bedbug infestation in a building on Lee Street.
Vice Mayor Seidel and Full Membership 06/22/09 (O-10)

09-80. Report from the City Manager:
RE: report on a review of the City's policies on sidewalk cafes.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Seidel, Councillor Toomey & Councillor Ward 06/29/09 (O-1)

09-81. Report from the City Manager:
RE: report on ensuring that DCR and city pools have adequate security.
Councillor Kelley, Vice Mayor Seidel, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Toomey & Councillor Ward 06/29/09 (O-4)

09-82. Report from the City Manager:
RE: report on activity of persons in and around the Larz Anderson Memorial Bridge.
Vice Mayor Seidel, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Toomey & Councillor Ward 06/29/09 (O-6)

09-83. Report from the City Manager:
RE: report on providing a weekly summary update of all the coordinated city efforts to reduce crime across the City.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Seidel, Councillor Toomey & Councillor Ward 06/29/09 (O-9)

09-84. Report from the City Manager:
RE: report on the takeover of Youville Hospital by Partners Healthcare.
Vice Mayor Seidel, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Toomey & Councillor Ward 06/29/09 (O-10)

09-85. Report from the City Manager:
RE: report on conferring with DCR on the possibility of keeping the McCrehan Pool opened until Labor Day.
Vice Mayor Seidel, Mayor Simmons, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Toomey & Councillor Ward 06/29/09 (O-11)

09-86. Report from the City Manager:
RE: report on the three unit development at the corner of Sherman and Winslow Streets.
Councillor Maher, Councillor Davis, Councillor Decker, Councillor Reeves, Vice Mayor Seidel, Councillor Toomey & Councillor Ward 06/29/09 (O-12)