CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Nicholas Costa as a Constable Without Power for a term of three years, effective the first day of January, 2008.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the re-appointment of the following persons as Board of Trustee members of the Cambridge Health Alliance effective July 1, 2008:
  Ronald Weintraub, MD (1-year term)
  Mary Cassesso (3-year term)
  Ruth Faris (3-year term)
  Isaac Machado (3-year term)
  Deborah Klein Walker (3-year term)
Charter Right - Decker

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-85, regarding the policy for obtaining a replacement resident parking sticker.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-92, regarding a report on parking in Lafayette Square.

5. 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.

6. 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 $43,950 to the Grant Fund Emergency Communications Department Salary and Wages account ($29,950) and to the Grant Fund Emergency Communications Department Travel and Training account ($14,000) to support training to dispatch personnel in the Emergency Communications Department on new 911 telephone equipment being provided by the State, cross training and other specialized training.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the U.S. Department of Justice, Bureau of Justice Assistance under the Local Law Enforcement Block Grant Program for $18,868 to the Grant Fund Police Department Extraordinary Expenditures account and will be used to support the department’s mobile computing infrastructure through the of purchase laptop computers for police vehicles, modems and related cellular service.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-93, regarding a report on the skate park at Danehy Park and the status of the Charles River Skate Park.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-96, regarding a report on designating shared off-leash dog hours at certain locations throughout the City.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $13,500 from General Fund Reserve Other Ordinary Maintenance account to the General Fund Human Service Programs Travel and Training account to cover the cost of sending twelve individuals to the Harlem Children’s Zone (HCZ) Seminar in September 2008 in concert with the City Council Human Services Committee.

July 28, 2008

To the Honorable, the City Council:

I am hereby requesting the transfer of $13,500 from General Fund Reserve Other Ordinary Maintenance account to the General Fund Human Service Programs Travel and Training account to cover the cost of sending twelve individuals to the Harlem Children’s Zone (HCZ) Seminar in September 2008 in concert with the City Council Human Services Committee.

Founded in 1970, Harlem Children’s Zone Inc. is a pioneering, non-profit, community-based organization that works to enhance the quality of life for children and families in some of New York City’s most devastated neighborhoods. HCZ, Inc.’s 15 centers serve more than 13,000 children and adults, including over 10,000 at-risk children. The emphasis of the Children’s Zone work is on education, social service and recreation activities, but also on rebuilding the very fabric of community life.

The Harlem Children’s Zone has started a project to teach and educate other communities, teachers, childcare workers, and human service providers around their initiatives with a comprehensive three-day set of seminars that is tailor-made to meet the needs of the particular community’s interest. These funds will allow the City Council Human Services Committee to develop specific seminars with HCZ and cover the travel costs of the individuals attending the seminars.

Very truly yours, Robert W. Healy, City Manager

11. Transmitting communication from Robert W. Healy, City Manager, relative to an additional appropriation request and Loan Order regarding the CRLS renovation project.
Passed to 2nd Reading and referred to Finance Committee

July 28, 2008

To the Honorable, the City Council:

The Design Development cost estimate for the CRLS Project has been received. Analysis of this estimate indicates that the total project cost will now be in the vicinity of $125 million dollars.

I am herewith submitting an additional appropriation request and Loan Order. I respectfully request that the City Council pass the Loan Order to a second reading and also refer the matter to the Finance Committee. Passage to a second reading does not assume final passage, but does permit a time savings of over a month. Time is important in this project in order to meet the June 30, 2009 deadline to retain eligibility for the $28 million in SBA reimbursement. I will be pleased to meet with the Finance Committee or City Councilors individually to go over the factors resulting in the increase in total estimated project cost. A summary of the major components of this increase is attached.

These items summarize the major areas where more precise estimating, and including furnishings, equipment and technology result in a request to increase the total project appropriation to approximately $125 million which also includes design fees, contingency and soft costs and results in an amended loan order for an additional $30 million. The financing mechanism for these increased costs may include the use of some amounts of Free Cash either up front or as a partial funding source of the annual debt service.

During the next 45 days, the finance department staff will be doing a thorough analysis of what the exact funding sources may be available to support the additional debt service costs. Understanding the difficulty in dealing with projections and estimates, I will proceed with caution as I develop my final financing recommendations, including the impact on the property tax levy and residential and commercial taxpayers.

Therefore, I am hereby requesting the appropriation and authorization to borrow an additional $30,135,000 to the Public Investment Fund School Extraordinary Expenditures account to finance the CRLS Renovation Project. These funds will supplement the previous appropriations of $33,620,000 and $33,218,025 from bond proceeds to increase the total amount authorized for this project to $96,973,025. Other funding sources for this project include a grant from Massachusetts School Building Authority (MSBA) for $28,026,975, which brings the total cost for the project to $125,000,000.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 11     July 28, 2008

ORDERED: That $30,135,000 is appropriated, in addition to $66,838,025 previously appropriated, for remodeling, reconstructing, and making extraordinary repairs to the Cambridge Rindge and Latin School, including HVAC system improvements; roof, exterior windows and skylights replacement; new ceilings and lighting in rooms; and other building improvements; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $30,135,000 under Chapter 44 of the General Laws, Chapter 70B of the General Laws or any other enabling authority.

QUESTION COMES ON PASSAGE TO A SECOND READING AND REFER TO THE FINANCE COMMITTEE

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Homeland Security Grant from the City of Boston for $159,530.68 to the Grant Fund Fire Salaries and Wages account to cover the City’s costs, which have already been incurred, for either back fill or overtime for public safety personnel who have participated in drills/trainings.

13. Transmitting communication from Robert W. Healy, City Manager, relative to recommendations for a Municipal Health & Safety Policy for Nanomaterials submitted by the Cambridge Nanomaterials Advisory Committee and the Cambridge Public Health Department.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of HOME Grant Program Income of $118,573.38 to the Public Investment Fund Community Development Extraordinary Expenditures account to increase funds available for the development and rehab of housing in Cambridge.

15. Transmitting communication from Robert W. Healy, City Manager, in response to Awaiting Report Item Number 08-86 regarding a report on whether Cambridge should join the Carbon Disclosure Project.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Adult Basic Education grant (ABE) received from the Massachusetts Department of Education for $708,271.00 to the Grant Fund Human Service Programs Salary and Wages account (615,545.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account (91,726.00) and to the Grant Fund Human Service Programs Travel and Training account (1,000.00) to support Community Learning Center Programs.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Boston Adult Literacy Fund in the amount of $14,000.00 to the Grant Fund Human Service Programs Salary and Wages account ($7,548.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($6,452.00) to hire and train student leaders.

18. 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 for CHA resident slots in the CLC’s Bridge to College Transition Program.

19. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Friends of the Community Learning Center (CLC) grant in the amount of $16,500.00 received from the Clipper Ship Foundation and the Friends of the Community Learning Center with $16,137.00 to the Grant Fund Human Services Salary and Wages account and $363.00 to the Grant Fund Human Services Other Ordinary Maintenance account to support the CLC’s computer lab assistant project.

20. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $2,030 in donations made to the Multi Service Center to the Grant Fund Human Service Programs Other Ordinary Maintenance account in support of homeless clients of the Multi Service Center, to help assist at risk households maintain housing.

21. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Massachusetts Family Network grant (MFN) received from the Department of Education in the amount of $139,761.00 to the grant fund Human Service Programs Department Salary and Wages account $137,885.00 and the grant Fund Human Service Programs Department Other Ordinary Maintenance account $1,876.00 to provide a variety of family support and parent education resources to families in the Cambridge community.

22. Transmitting communication from Robert W. Healy, City Manager, relative to appropriation of a grant from the Metro North Regional Employment Board in the amount of $16,855.00 to the Grant Fund Human Service Programs Department Salary and Wages account ($14,906.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($1,949.00) to support a GED prep class at the CLC.

23. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Workplace Education grant from the Massachusetts Department of Education, Adult and Community Learning Services in the amount of $34,114.00 to the grant fund Human Service Programs Department Salary and Wages account (32,248.00) and to the grant fund Human Service Programs Department Other Ordinary Maintenance account (1,866.00) to provide funds to support the Community Learning Center (CLC) to provide two workplace educational classes and related activities for the Neville Center at Fresh Pond.

24. Transmitting communication from Robert W. Healy, City Manager, relative to proposed changes to the Cambridge Employment Plan Ordinance as prepared by the City Solicitor in response to the attached letters.  Charter Right - Reeves

25. Transmitting communication from Robert W. Healy, City Manager, relative to environmental and legal matters associated with the Yerxa Road Underpass project.  Tabled - Kelley

26. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report No. 08-51, regarding Ad Hoc Memorial sites.

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

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

APPLICATIONS AND PETITIONS
1. An application was received from Charles Gilroy, requesting a curb cut at the premises numbered 3 Wendell Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, Public Works. No response has been received from the neighborhood association.

2. An application was received from Ajay M. Shah, requesting to widen an existing curb cut at the premises numbered 19 Jay Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, Public Works and neighborhood association.

3. An application was received from Erik Thores, requesting a curb cut at the premises numbered 8 Kenway Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, Public Works. No response had been received from the neighborhood association.

4. An application was received from Lisa McGirr, requesting a curb cut at the premises numbered 29 Robinson Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, Public Works. No neighborhood association for that area.

5. An application was received from Matt Rollinson, S&H Construction, requesting to modify the existing curb cut at the premises numbered 19 Ash Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical, Public Works. No response has bee received from the neighborhood association.

COMMUNICATIONS
1. A communication was received from Salvatore F. DiMasi, Speaker of the House of Representatives, transmitting a copy of the petition for legislation to promote job creation and clean energy technology.

2. A communication was received from Ann Stanesa, Associate Director, Public Affairs, Genzyme Corporation, transmitting support of Alexandria Real Estate Equities zoning proposal for the Binney Street area.

3. A communication was received from Susan Boyle and family, transmitting thanks for the City Council resolution on behalf of their mother, Marguerite Cruickshank.

4. A communication was received from Elaine M. Fales, transmitting gratitude for the resolution adopted for their mother Helen M. Capone

5. A communication was received from Victoria Reggie Kennedy, transmitting their gratitude for the City Council’s resolution.

6. A communication was received from Representative Alice K. Wolf, transmitting support of House Bill 4945, An Act Relative to Authorization for a Long Term Lease between the City of Cambridge and the Mount Auburn Post No. 8818, Veterans of Foreign Wars, Inc..

7. A communication was received from Natassa Mason, regarding rodents.

8. A communication was received from Irene Hartford, regarding fiber optic cable installation and sidewalk repair in the area of Western and Putnam Avenues.

RESOLUTIONS
1. Happy 90th Birthday wishes to Horace Goodridge.   Councillor Reeves

2. Resolution on the death of Rosa M. (Scott) Haynes.   Councillor Reeves

3. Resolution on the death of Donald J. "Duke" Duquette.   Councillor Maher

4. Resolution on the death of Herculano Luz.   Councillor Toomey

5. Resolution on the death of Thomas E. Phalen Jr.   Councillor Toomey

6. Resolution on the death of Karen J. (Kelly) Casey.   Councillor Toomey

7. Retirement of Laura Vellucci from the Cambridge Health Alliance.   Mayor Simmons

8. Retirement of Shirley Papp from the Cambridge Health Alliance.   Mayor Simmons

9. Retirement of Robert Nickerson from the School Department.   Mayor Simmons

10. Retirement of Ellen McLaughlin from the School Department.   Mayor Simmons

11. Retirement of Christopher Roberts from the School Department.   Mayor Simmons

12. Resolution on the death of Virginia M. (Reid) Hoffman.   Councillor Toomey

13. Resolution on the death of Carmelo Rivera.   Councillor Toomey

14. Resolution on the death of Robert J. Morrissey.   Councillor Toomey, Councillor Maher

15. Resolution on the death of Lawrence Walter Frisoli.   Councillor Toomey, Councillor Maher

16. Resolution on the death of Anne M. (Smith) Khoubesserian.   Councillor Toomey, Councillor Maher

17. Resolution on the death of Shirley A. (Daveta) Poleo.   Councillor Toomey

18. Resolution on the death of Gerogina F. "Jean" (Duffy) Kelley.   Councillor Toomey

19. Resolution on the death of Donald M. Bokuniewicz.   Councillor Toomey

20. Speedy recovery wishes to John Ramos.   Mayor Simmons

21. Resolution on the death of Gary Langford.   Councillor Reeves

22. Congratulations to Sister Rita Karkar on her recent graduation from Bethlehem University.   Mayor Simmons

23. Happy 90th Birthday wishes to Emery Springer Sr.   Mayor Simmons

24. Congratulations to Emma Lewis Berndt and Eric Brian Budish on their recent marriage.   Councillor Davis

25. Declare Oct 13, 2008 the first annual Metastatic Breast Cancer Awareness Day.   Mayor Simmons

26. Congratulations to Christine Heenan on her new position at Harvard University as Vice President for Government, Community and Public Affairs.   Councillor Decker

27. Resolution on the death of Norma M. (Talbot) McMenimen.   Councillor Toomey

28. Congratulations to Robert Whitaker on the occasion of the publishing of his work titled "On the Laps of Gods."   Mayor Simmons

29. Resolution on the death of Margaret R. Barron.   Councillor Maher

30. Resolution on the death of Private Eugene Kanakaole.   Councillor Decker
31. Resolution on the death of Lance Corporal Javier Perales, Jr.   Councillor Decker
32. Resolution on the death of Lance Corporal Kelly Watters.   Councillor Decker
33. Resolution on the death of Specialist Jonathan Ernard.   Councillor Decker
34. Resolution on the death of Specialist Joshua Plocica.   Councillor Decker
35. Resolution on the death of Specialist Joel Taylor.   Councillor Decker
36. Resolution on the death of Specialist Jason Cox.   Councillor Decker
37. Resolution on the death of Specialist Thomas Duncan III.   Councillor Decker
38. Resolution on the death of Sergeant John Aragon.   Councillor Decker
39. Resolution on the death of Sergeant Shane Duffy.   Councillor Decker
40. Resolution on the death of Specialist William McMillan III.   Councillor Decker
41. Resolution on the death of Private First Class Bryan Thomas.   Councillor Decker
42. Resolution on the death of Sergeant Cody Legg.   Councillor Decker
43. Resolution on the death of Sergeant Steve McCoy.   Councillor Decker
44. Resolution on the death of Corporal Marcus Preudhomme.   Councillor Decker
45. Resolution on the death of Sergeant Alejandro Dominguez.   Councillor Decker
46. Resolution on the death of Private First Class James Yohn.   Councillor Decker
47. Resolution on the death of Staff Sergeant Tyler Pickett.   Councillor Decker
48. Resolution on the death of Captain Gregory Dalessio.   Councillor Decker
49. Resolution on the death of Staff Sergeant Du Hai Tran.   Councillor Decker
50. Resolution on the death of Sergeant First Class David Hurst.   Councillor Decker
51. Resolution on the death of Sergeant First Class Steven Chevalier.   Councillor Decker
52. Resolution on the death of Sergeant First Class Anthony Woodham.   Councillor Decker
53. Resolution on the death of Captain Philip Dykeman.   Councillor Decker
54. Resolution on the death of Chief Warrant Officer Robert Hammett.   Councillor Decker
55. Resolution on the death of Sergeant First Class Gerard Reed.   Councillor Decker
56. Resolution on the death of Major Dwayne Kelley.   Councillor Decker

57. Resolution on the death of Louise M. (Reale) D’Isidoro.   Councillor Toomey

58. Resolution on the death of Janet Kendrick, Executive Director of the Cambridge Community Center.   Mayor Simmons, Councillor Davis

59. Congratulations to Brendan and Laurence Hopkins on the opening of their new restaurant, TRATA, in Harvard Square.   Councillor Decker

60. Retirement of Catherine Simmons from the Cambridge Housing Authority.   Mayor Simmons

61. Thanks to Jim Grey and the Marsh Post #442 for hosting a welcome home barbecue for the Massachusetts Army National Guard unit stationed in Cambridge on their return from service in Iraq.   Councillor Toomey

62. Thanks to all City Departments and employees for making the Cambridge City Dance Party such a successful event.   Councillor Maher

63. Speedy recover to Ms. Michelle Mentis.   Mayor Simmons

64. Congratulations to the Central Square Theatre on its grand opening.   Mayor Simmons

65. Resolution on the death of William Patrick "Bill" Walsh.   Councillor Toomey

66. Resolution on the death of Palmyra (Carvalho) Freitas.   Councillor Toomey

67. Speedy recovery wishes to Cruz Garay.   Councillor Toomey

68. Happy 115th Anniversary wishes to Sacred Heart Parish in Watertown.   Councillor Toomey, Councillor Maher

69. Retirement of Anne Larkin from Lesley University.   Councillor Maher

70. Resolution on the death of Agnes McCann.   Councillor Maher

71. Congratulations to CCTV for receiving the 2008 Community Media Award for Overall Excellence in Public Access Programming from the Hometown Video Festival and to the Cambridge Education Alliance on receiving a 2008 Community Media Award for Overall Excellence.   Councillor Davis

72. Resolution on the death of Rachel Elizabeth Steczynski.   Councillor Davis

73. Retirement of John "Jack" Shallow from the Cambridge Public Library.   Mayor Simmons

74. Speedy recovery wishes to Ginny McCabe.   Councillor Maher

75. Congratulations to the East Division Minor League Red Sox on the occasion of being finalists in the 2008 Mayor's Cup Tournament.   Vice Mayor Murphy

76. Congratulations to the East Division Major League on the occasion of being finalists in the 2008 Mayor's Cup Tournament.   Vice Mayor Murphy

77. Congratulations to the West Division Minor League Expos on winning the 2008 Mayor's Cup Tournament.   Vice Mayor Murphy

78. Congratulations to the North Division Major League Cubs on winning the 2008 Mayor's Cup Tournament for the second straight year.   Vice Mayor Murphy

79. Retirement of Michael E. Kuhn from the Fire Department.   Mayor Simmons

ORDERS
1. Dedication of a suitable location in the vicinity of Market Street in honor of Lieutenant Andrew J. Dobrisky.   Councillor Toomey

2. That the City Manager is requested to direct the Director of Traffic, Parking and Transportation to consider the request from the Tobin-Danehy Neighborhood Association to install a pedestrian-activated crosswalk at the intersection of Fern Street and Field Street.   Mayor Simmons

3. Dedication of a suitable location in memory of Jeffrey Curley.   Councillor Toomey

4. That the City Manager is requested to investigate the Boston ordinance and suggest language for a Cambridge ordinance which would prevent rental of dogs and cats in Cambridge.   Councillor Davis

5. That the City Manager is requested to set up a Citywide Task Force on Hoarding.   Councillor Davis  Amended

6. That the City Manager is requested to publicize the NSTAR Green option throughout the city using means as the city cable and the city web site.   Councillor Davis

7. That the City Manager is requested to look into the impact of conversion to digital TV and its effect on cable subscribers, including the additional expenses, and transmit a report to the City Council and the Cable TV, Telecommunications and Public Utilities Committee.   Councillor Davis

8. Dedication of a suitable bench location in the vicinity of River Street next to the First Baptist Church at 5 Magazine in memory of Ivy Smith.   Councillor Reeves

9. Urge the Massachusetts State Legislature to override the Governor’s vetoes which include funding for the fire department, Central Square Theater and Cambridge Housing Authority.   Councillor Decker

10. That the City Manager is requested to direct the City Solicitor to present a draft ordinance or other solutions to the City Council to address the safety issue of tall fences erected to the sidewalk adjacent to a driveway, creating a hazard for pedestrians, joggers, bicyclists, and those in wheelchairs.   Councillor Davis

11. That the City Manager is requested to provide an update on the status of the City Council’s request for a draft amendment to the Inclusionary Zoning Ordinance to enable the City the option of requiring the calculation of the affordable housing donation in square footage to support the city goal of providing housing for larger families.   Councillor Seidel

12. That the City Manager is requested to confer with the Assistant City Manager for Community Development to provide the City Council with a report containing a detailed description of how the Zoning Ordinance could be amended to utilize special permits to encourage the construction of larger family sized market rate units.   Councillor Seidel

13. That the City Manager is requested to confer with the Assistant City Manager for Community Development to research and report to the City Council as to what types of land use, housing, or other programs and incentives other cities have utilized to stabilize or increase the family population in their cities.   Councillor Seidel

14. That the City Manager is requested to review use and safety issues involving the Yerxa Road underpass with relevant City personnel and report back to the City Council on the possibility of design changes to the underpass that might reduce or eliminate user conflicts.   Councillor Kelley and Councillor Davis

15. That the City Manager is requested to meet with relevant City officials and members of the public to develop a brochure that comprehensively explains how the Emergency Communications Center and the Cambridge Police Department handle communications from the public, to include both emergency and non-emergency calls.   Councillor Kelley

16. That the City Manager is requested to confer with relevant Department heads and neighborhood residents to review the upcoming north Massachusetts Avenue sidewalk work to ensure that when the work is completed the sidewalks accommodate the needs of seniors as much as possible.   Councillor Kelley, Mayor Simmons and Councillor Davis

17. That the City Manager is requested to review the Cambridge Zoning Ordinance with City staff and develop a draft zoning change that would prohibit the interior of individual garages or other spaces that have limited maneuverability from being counted towards required aisle space for parking facilities.   Councillor Kelley  Charter Right - Decker

18. That the City Manager is requested to relay to relevant City staff the importance of public notices being printed in a manner that conveys the required information clearly to members of the public who take the time to read them.   Councillor Kelley

19. That the City Manager is requested to consult with the Historical Commission to develop a policy where any changes to City Hall be made with the support of the Historical Commission in an effort to maintain the historical features of the building.   Mayor Simmons  Amended

20. That the City Manager is requested to confer with his staff to arrange a public meeting with NSTAR representatives at City Hall at which NSTAR officials can hear directly from the members of the public, both residents and business owners, about the serious impact of power outages on their lives and livelihoods.   Councillor Maher

21. That the City Manager is requested to confer with the Assistant City Manager for Community Development, the Director of the Traffic, Parking and Transportation Department, the Police Commissioner and other relevant staff to review and report to the City Council on possible changes to regulations and operating procedures for traffic and motor vehicle use that could increase efficiency and fuel conservation.   Councillor Maher

22. That the City Manager is requested to confer with the Director of the Arts Council to convene an annual or biannual meeting, organized by geographical location, with the arts organizations, the Department of Human Services, the Department of Public Works, the Chamber of Commerce, Cambridge Public School Department, Universities, and any other stakeholders to discuss the goals of the various arts organizations and what, if any collaboration could take place amongst each other.   Councillor Decker

23. That the City Council go on record requesting that the Commonwealth of Massachusetts assist the Thistle and Shamrock Convenience Store with the financial losses it has suffered, and continues to suffer due to the closure of the Walden Street Bridge.   Councillor Decker

24. That the Office of the Mayor be and hereby is requested to investigate the possibility of creating a Sister City connection with the town of Praia da Vitoria on the Island of Terceirra, Azores.   Councillor Toomey

25. That the City Manager is requested to confer with Boston Officials in order to work together in creating a policy to keep truck traffic to a minimum within the city.   Councillor Toomey

26. That the City Manager is requested to confer with the Public Works Department and report back on the planned improvements and timeline for the lot at the corner of Plymouth Street and Hampshire Street.   Councillor Toomey

27. That the Green Building/Zoning Task Force appointed by the City Manager develop recommendations for how to encourage the installation of small wind energy systems and address barriers to the permitting of such systems as well as consider the possibility of allowing small wind turbines as an "as of right" use under the Cambridge Zoning Ordinance.   Councillor Davis, Councillor Toomey and Councillor Seidel

28. That the City Council go on record reaffirming the dedication of Pat and Mary Pizzuto Square.   Councillor Maher

29. That, after consultation with the family, a suitable location in North Cambridge be dedicated to honor the memory of John J. Pollander, United States Marine Corps.   Councillor Maher

30. That the City Manager is requested to confer with the appropriate departments to reach out to the Massachusetts Highway Department and JF White to ensure that the sidewalk and stairs at 45 Walden Street are built to code.   Councillor Decker

31. That the City Manager is requested to report back to the City Council on the status of recent street and utility work on Western Avenue to include neighboring residents’ concerns about broken traffic lights, poorly situated police details, snarled traffic and lack of advance notice.   Councillor Kelley

32. That the City Manager is requested to confer with the appropriate departments to discuss the feasibility of having a crossing guard on Kinnaird Street near the Amigos School during the school year.   Councillor Decker and Councillor Toomey

33. That the City Manager is requested to confer with the appropriate departments to discuss the feasibility of installing a raised crosswalk on Kinnaird Street near the Amigos School.   Councillor Decker and Councillor Toomey

34. That the City Manager is requested to arrange an emergency meeting with the owners of Metropolitan Moving and Storage and appropriate City departments to insure that there is a workable short-term and long-term solution to their customers' ability to load and unload vehicles during Vassar Street improvement project.   Councillor Maher and Vice Mayor Murphy

35. That the Cambridge City Council calls on Congress and the President of the United States to demand that the Ethiopian government immediately and unconditionally release all political prisoners and journalists and fulfill its obligations under the Universal Declaration of Human Rights as incorporated in Ethiopia's constitution, in accordance with the established norms of human rights, democratic principles and the rule of law.   Vice Mayor Murphy, Councillor Kelley and Councillor Seidel

36. Dedication of a suitable location in honor of Olive Johnson.   Mayor Simmons, Councillor Reeves and Vice Mayor Murphy

37. That the City Manager is requested to instruct the Traffic, Parking and Transportation Department and the Police Department to review truck traffic on Lexington Avenue and report back to the City Council about safe alternatives that would curtail heavy trucking on this narrow residential street.   Councillor Maher and Vice Mayor Murphy

38. That the Mayor and Vice Chair of the School Committee work with the City Manager to draft a letter requesting that the local universities find a meaningful opportunity to significantly contribute to the Cambridge Rindge and Latin High School renovations.   Councillor Decker, Councillor Maher and Councillor Toomey

39. That the City Manager is requested to direct the Commissioner of Public Works to send Department of Public Works personnel to Western Avenue, particularly in the vicinity of 159 Western Avenue, to remediate the rat problem and to investigate whether the infestation is connected to the utility work in the neighborhood.   Mayor Simmons, Councillor Reeves, Councillor Decker and Vice Mayor Murphy

40. That the City Council go on record opposing the use of the Cambridge Redevelopment Authority parcel on Binney Street and Fulkerson Street for temporary parking for the new police station and urge the City Manager to report back on the possibility of using space as a dog park.   Councillor Toomey, Vice Mayor Murphy and Mayor Simmons

41. That the City Council go on record asking for an update from the Church of Latter Day Saints in response to concerns regarding the hiring of general contractors and sub-contractors who respect the prevailing wage laws and City of Cambridge values.   Councillor Decker, Councillor Maher, Councillor Toomey and Vice Mayor Murphy

42. That the City Manager is requested to provide the City Council with information on the zoning map for the area of Joan Lorentz Park; the Public Works map of Joan Lorentz Park; the record from Public Works regarding Joan Lorentz Park; and the boundaries of Joan Lorentz Park.   Councillor Seidel

43. That the City Manager is requested to confer with the Assistant Manager for Community Development to report back to the City Council on the number of other properties that could be affected be the Kaya Ka zoning petition, including properties that could increase the existing FAR by tearing down or making modifications to the existing building.   Councillor Maher

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Neighborhood and Long Term Planning Committee, for a meeting held on June 18, 2008 to discuss long-term open space protection for Joan Lorentz Park.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Housing Committee, for a meeting held on June 19, 2008 for the purpose of discussing issues relative to housing for larger families in Cambridge.

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie Decker, Chair of the Public Facilities, Art and Celebrations Committee, for a meeting held on June 24, 2008 to received an update on present and future plans for the arts in Harvard Square and to discuss how Harvard Square Arts organizations can be further enhanced.

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on June 25, 2008 for the purpose of considering a petition submitted by Alexandria Real Estate Equities proposing amendments to the Zoning Ordinance and map for the PUD-3A, PUD-4B and PUD-4C Districts in eastern Cambridge.  Amended

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee, for a meeting held on June 30, 2008 for the purpose of discussing the traffic and parking issues involving 270-290 River Street.

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on July 17, 2008 for the purpose of discussion of the Kaya-Ka proposed zoning amendment to the North Massachusetts Avenue Overlay District in Porter Square.  Passed to 2nd Reading

7. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Health and Environment Committee, for a meeting held on June 3, 2008 to discuss with the Health Department the issues of trans fat, senior falls and the goals of the committee.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Mayor E. Denise Simmons, announcing the membership of the Mayor’s Blue Ribbon Committee on Youth Services.
Sam Seidel, City Councillor, Co-Chair
Nancy Tauber, School Committee, Co-Chair
Thomas Fowler-Finn, Supt., Cambridge Public Schools
Ellen Semonoff, Asst. City Manager, Human Services
Lei Ann Ellis, Division head for Childcare, Human Services
Lauren Leiken, co-chair of 0-8 Council, Literacy Coord., Agenda for Children
Kahri Milner, Coord. Of Out-of-School-Time, Complementary Learning, Cambridge Public Schools
Susan Richards, Coord. Of Out-of-School-Time, Agenda for Children
Mary Wong, Exec. Dir., Kid's Council
parent/guardian representatives to be announced

HEARING SCHEDULE
Mon, July 28
1:00pm   The Human Services Committee will conduct a public meeting to continue discussing the services available in Cambridge for children age 0-5 and their families and to develop the agenda for the September 24-26 conference with the Harlem Children’s Zone.  (Sullivan Chamber)
5:30pm   Special City Council Meeting  (Henrietta S. Attles Meeting Room)

Tues, July 29
4:00pm   The Health and Environment Committee will conduct a public meeting to discuss the following topics: community gardens and forming a Food Policy Advisory Committee.  (Sullivan Chamber)

Thurs, July 31
3:30pm   The Civic Unity Committee will conduct a public meeting to discuss the possibility of a department or commission to continually oversee and coordinate Sister City agreements with support from each Mayoral Administration.  (Ackermann Room)

Wed, Aug 13
7:00pm   The Ordinance Committee will conduct a public meeting to continue discussion of a petition by Alexandria Real Estate Equities to amend the PUD-3A, PUD-4C and PUD-4B Districts of the Zoning Map of the City of Cambridge in eastern Cambridge.  (Sullivan Chamber)

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

Wed, Sept 10
1:30pm   The Veterans Committee will conduct a follow up hearing to a previous hearing held with the Cambridge Health Alliance on coordination of services to veterans.  (Sullivan Chamber)
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss red light camera enforcement.  (Sullivan Chamber)

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

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

Mon, Oct 6
5:00pm   Special Presentation to welcome Cambridge Community Chorus with new Music Director Jamie Kirsch  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Wed, Oct 22
6:00pm   GLBT Town Meeting  (Sullivan Chamber)

Mon, Oct 27
5:30pm   Roundtable Meeting regarding ongoing strategic planning activities at the Cambridge Health Alliance  (Sullivan Chamber)

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     July 28, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Council dedicate a suitable location in the vicinity of Market Street in honor of Lieutenant Andrew J. Dobrisky; and be it further
ORDERED: That the Assistant to the City Council be and hereby is directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-2     July 28, 2008
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to direct the Director of Traffic, Parking and Transportation to consider the request from the Tobin-Danehy Neighborhood Association to install a pedestrian-activated crosswalk at the intersection of Fern Street and Field Street.

O-3     July 28, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Council dedicate a suitable location in memory of Jeffrey Curley; and be it further
ORDERED: That the Assistant to the City Council be and hereby is directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-4     July 28, 2008
COUNCILLOR DAVIS
WHEREAS: On July 9, the Boston City Council unanimously voted to ban pet rentals in the city of Boston; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate the Boston ordinance and suggest language for a Cambridge ordinance which would prevent rental of dogs and cats in Cambridge.

O-5     July 28, 2008  Amended
COUNCILLOR DAVIS
WHEREAS: Compulsive hoarding behavior is part of the mental health spectrum; and
WHEREAS: The problem of compulsive hoarding involves many city departments and service providers including the Council on Aging, CASCAP, Cambridge-Somerville Elder Services, the Cambridge Housing Authority, Inspectional Services, Police, Fire, DPW, Disability Commission, among others; and
WHEREAS: The benefits of a coordinated approach would include preventing people from becoming homeless and other tragic outcomes; now therefore be it
ORDERED: That the City Manager be and hereby is requested to set up a Citywide Task Force on Hoarding; and be it further
ORDERED: That this matter be referred to the Health and Environment Committee.

O-6     July 28, 2008
COUNCILLOR DAVIS
WHEREAS: On July 1 NSTAR launched NSTAR Green, a program that enables NSTAR Basic Service customers to support electricity generated from renewable sources; and
WHEREAS: Customers can choose to have all or half of their electricity provided from wind; now therefore be it
ORDERED: That the City Manager be and hereby is requested to publicize the NSTAR Green option throughout the city using means as the city cable and the city web site.

O-7     July 28, 2008
COUNCILLOR DAVIS
WHEREAS: The understanding from Comcast last spring was that cable subscribers would incur no additional expense with the conversion to digital TV; and
WHEREAS: Now Comcast is requiring additional payments to retain channels; now therefore be it
ORDERED: That the City Manager be and hereby is requested to look into the impact of conversion to digital TV and its effect on cable subscribers, including the additional expenses, and transmit a report to the City Council and the Cable TV, Telecommunications and Public Utilities Committee; and be it further
ORDERED: That the City Manager be and hereby is requested to report on the process for re-contracting for cable services since the Comcast contract will be up in 2010.

O-8     July 28, 2008
COUNCILLOR REEVES
ORDERED: That the City Council dedicate a suitable bench location in the vicinity of River Street next to the First Baptist Church at 5 Magazine in memory of Ivory Smith; and be it further
ORDERED: That the Assistant to the City Council be and hereby is directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the plaque.

O-9     July 28, 2008
COUNCILLOR DECKER
WHEREAS: Governor Deval Patrick recently vetoed $122.5 million in spending, including funding for the fire department, the Central Square Theater and Cambridge Housing Authority; now therefore be it
RESOLVED: That this City Council go on record urging the Massachusetts State Legislature to override the Governor’s vetoes; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Massachusetts State Legislature on behalf of the entire City Council.

O-10     July 28, 2008
COUNCILLOR DAVIS
WHEREAS: Tall fences erected all the way to the sidewalk adjacent to a driveway create a serious hazard for pedestrians, joggers, bicyclists, and those in wheelchairs who cannot be seen by the driver exiting the driveway; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to present a draft ordinance or other solutions to the City Council to address this safety issue.

O-11     July 28, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to provide an update on the status of the City Council’s request for a draft amendment to the Inclusionary Zoning Ordinance to enable the City the option of requiring the calculation of the affordable housing donation in square footage to support the city goal of providing housing for larger families.

O-12     July 28, 2008
COUNCILLOR SEIDEL
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 report containing a detailed description of how the Zoning Ordinance could be amended to utilize special permits to encourage the construction of larger family sized market rate units. If the program would provide for density or other zoning bonuses as incentives, the report should include suggestions for additional provisions and limitations, such as limitations to sites close to public transportation and other locations where increased density is supported by good urban planning principles; and be it further
ORDERED: That upon adoption of this order, the order be referred to the Housing Committee of the City Council and that the City Manager transmit his response to this order to said committee.

O-13     July 28, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to research and report to the City Council as to what types of land use, housing, or other programs and incentives other cities have utilized to stabilize or increase the family population in their cities; and be it further
ORDERED: That upon adoption of this order, the order be referred to the Housing Committee of the City Council and that the City Manager transmit his response to this order to said committee.

O-14     July 28, 2008
COUNCILLOR KELLEY
COUNCILLOR DAVIS
WHEREAS: The recently reconstructed Yerxa Road underpass has become a very popular and convenient pathway for people to cross the railroad tracks in North Cambridge; and
WHEREAS: This popularity has led to some user conflicts as scooters, bicycles, pedestrians and people in strollers all converge, sometimes at high speed, on the ramps and at the bottom of the underpass; and
WHEREAS: Some users have expressed concerns that these conflicts are making the underpass uncomfortable for them to use; now therefore be it
ORDERED: That the City Manager be and hereby is requested to review use and safety issues involving the underpass with relevant City personnel and report back to the City Council on the possibility of design changes to the underpass that might reduce or eliminate these user conflicts without sacrificing the safety or utility of the underpass.

O-15     July 28, 2008
COUNCILLOR KELLEY
WHEREAS: Members of the public have expressed confusion over what happens when they dial 911 or otherwise communicate with public safety personnel, especially the Police Department, via phone, e-mail or in person; and
WHEREAS: Effective communication from the public to the Police Department and from the Police Department to the public is an important part of Cambridge’s neighborhood safety efforts; now therefore be it
ORDERED: That the City Manager be and hereby is requested to meet with relevant City officials and members of the public to develop a brochure that comprehensively explains how the Emergency Communications Center and the Cambridge Police Department handle communications from the public, to include both emergency and non-emergency calls, as well as e-mail traffic and face-to-face contacts and how information gathered by the Police Department is used to track public safety issues.

O-16     July 28, 2008
COUNCILLOR KELLEY
MAYOR SIMMONS
COUNCILLOR DAVIS
WHEREAS: The northern part of Massachusetts Avenue is having repaving and sidewalk work done near the Arlington line; and
WHEREAS: Some of the associated sidewalks are both very narrow and heavily used by seniors from the Burns Apartment building; and
WHEREAS: Many of these seniors have trouble passing through these narrow sidewalks and, especially during snowy weather, find it more convenient to push their walkers on Massachusetts Avenue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant Department heads and neighborhood residents to review the upcoming north Massachusetts Avenue sidewalk work to ensure that when the work is completed the sidewalks accommodate the needs of seniors as much as possible.

O-17     July 28, 2008
COUNCILLOR KELLEY
WHEREAS: Recent interpretations of the Cambridge Zoning Ordinance’s aisle space requirements for parking facilities has led to problematic driveway design; and
WHEREAS: These interpretations involved measuring the space from the rear of a parked car, even if that car were parked in a garage that limited its turning ability; and
WHEREAS: The result of counting garage space with limited or no maneuverability toward aisle space requirements can lead to great difficulty in drivers accessing and exiting their garages; now therefore be it
ORDERED: That the City Manager be and hereby is requested to review the Cambridge Zoning Ordinance with City staff and develop a draft zoning change that would prohibit the interior of individual garages or other spaces that have limited maneuverability from being counted towards required aisle space for parking facilities; and be it further
ORDERED: That the City Manager be and hereby is requested to submit this draft zoning change to the City Council.

O-18     July 28, 2008
COUNCILLOR KELLEY
WHEREAS: Posted building permits, zoning application notices and other public notices must be legible to fulfill their important public information function; and
WHEREAS: Some building permits, zoning application notices and other public notices are written in a manner not easily deciphered by passers-by; now therefore be it
ORDERED: That the City Manager be and hereby is requested to relay to relevant City staff the importance of these public notices being printed in a manner that conveys the required information clearly to members of the public who take the time to read them.

O-19     July 28, 2008  Amended
MAYOR SIMMONS
WHEREAS: In 1888 the architects Longfellow, Alden and Harlow designed the building in the Richardsonian Romanesque style popular at that time; and
WHEREAS: Cambridge City Hall is Cambridge’s most celebrated historic building; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Historical Commission to develop a policy where any changes to City Hall be made with the support of the Historical Commission in an effort to maintain the historical features of the building; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Historical Commission to look into whether changes could be made to the cashier counter area on the first floor to make that area a better fit with the overall historical style of City Hall.

O-20     July 28, 2008
COUNCILLOR MAHER
WHEREAS: Frequent power outages in West Cambridge continue to plague West Cambridge residents and business owners; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with his staff to arrange a public meeting with NSTAR representatives at City Hall at which NSTAR officials can hear directly from the members of the public, both residents and business owners, about the serious impact of these outages on their lives and livelihoods; and be it further
ORDERED: That notification of the time and place of this meeting go to all affected West Cambridge businesses and residents as soon as possible.

O-21     July 28, 2008
COUNCILLOR MAHER
WHEREAS: The cost of gasoline is rising at a record-setting pace; and
WHEREAS: As a community Cambridge is concerned with the environmental, health and economic impacts of the wasteful use of petroleum products, for example, unnecessary idling of motor vehicles; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development, the Director of the Traffic, Parking and Transportation Department, the Police Commissioner and other relevant staff to review and report to the City Council on possible changes to regulations and operating procedures for traffic and motor vehicle use that could increase efficiency and fuel conservation; and be it further
ORDERED: That the review should include, without limitation, a review of traffic signal locations to determine if there are additional locations where right turns could be allowed on red lights after a stop and locations where the lights of the traffic signals could be switched to blinking lights in off-peak hours, and any other possible changes to increase efficiency without compromising the safety of residents.

O-22     July 28, 2008
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Arts Council to convene an annual or biannual meeting, organized by geographical location, with the arts organizations, the Department of Human Services, the Department of Public Works, the Chamber of Commerce, Cambridge Public School Department, Universities, and any other stakeholders to discuss the goals of the various arts organizations and what, if any collaboration could take place amongst each other.

O-23     July 28, 2008
COUNCILLOR DECKER
WHEREAS: Beginning in the fall of 2006, the Massachusetts Highway Department undertook a project to completely reconstruct the Walden Street Bridge that spans the MBTA tracks in the City of Cambridge; and
WHEREAS: One of the important concerns identified at the start of the project by city and state officials, as well as affected community representatives, was the impact that the project would have on local businesses; and
WHEREAS: The local retail business most directly affected by the project is the Thistle and Shamrock Convenience Store, located at the intersection of Walden Street and Richdale Avenue; and
WHEREAS: The Massachusetts Highway Department represented that the project would take approximately two years to complete; and
WHEREAS: The project has caused a severe economic impact to the business of the Thistle and Shamrock Convenience Store during the past two years; and
WHEREAS: City Councillors have met with Massachusetts Highway Department in hopes of remedying this situation through financial help but to no avail; and
WHEREAS: The Massachusetts Highway Department’s contractor for the Walden Street Bridge reconstruction project, J. F. White Construction, recently submitted a schedule to MHD projecting a revised project end date of late March 2009, which extends the bridge closure approximately 6 months past the originally scheduled end date; and
WHEREAS: This delay in the project completion exacerbates the severity of the economic harm already suffered by the Thistle and Shamrock Convenience Store; now therefore be it
RESOLVED: That the City Council go on record requesting that the Commonwealth of Massachusetts assist the Thistle and Shamrock Convenience Store with the financial losses it has suffered, and continues to suffer due to the closure of the Walden Street Bridge.

O-24     July 28, 2008
COUNCILLOR TOOMEY
ORDERED: That the Office of the Mayor be and hereby is requested to investigate the possibility of creating a Sister City connection with the town of Praia da Vitoria on the Island of Terceirra, Azores.

O-25     July 28, 2008
COUNCILLOR TOOMEY
WHEREAS: The State of Massachusetts has experienced another serious fuel tanker accident; and
WHEREAS: The City of Boston has successfully been able to keep tankers and other large trucks not serving their neighborhoods from using Boston as a cut through; and
WHEREAS: Cambridge and Boston could both benefit from working together to come up with a comprehensive plan to keep this kind of traffic not serving the neighborhood off our local streets; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with Boston Officials in order to work together in creating a policy to keep truck traffic to a minimum within the city and report back to the City Council on this matter.

O-26     July 28, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Public Works Department and report back on the planned improvements and timeline for the lot at the corner of Plymouth Street and Hampshire Street.

O-27     July 28, 2008
COUNCILLOR DAVIS
COUNCILLOR TOOMEY
COUNCILLOR SEIDEL
WHEREAS: The Cambridge Climate Protection Plan set a goal to reduce greenhouse gas emissions in the city by 20% below 1990 levels by 2010; and
WHEREAS: The increased use of renewable energy is necessary to achieve the Cambridge greenhouse gas reduction goal; and
WHEREAS: The Museum of Science has proposed a small wind energy project that would install 5 different types of building-mounted wind energy systems in Cambridge and Boston to educate the public about wind energy technology, provide a practical demonstration of the technology, and help address the engineering, environmental, and policy questions involved in siting this technology in an urban setting; and
WHEREAS: The Cambridge Zoning Ordinance does not currently recognize wind turbines as an allowed use; now therefore be it
ORDERED: That the Cambridge City Council expresses its support for small wind energy installations within the city and urges that city departments and boards with jurisdiction over such projects work constructively to encourage small wind energy installations such as those proposed by the Museum of Science; and be it further
ORDERED: That the Green Building/Zoning Task Force appointed by the City Manager develop recommendations for how to encourage the installation of small wind energy systems and address barriers to the permitting of such systems as well as consider the possibility of allowing small wind turbines as an "as of right" use under the Cambridge Zoning Ordinance.

O-28     July 28, 2008
COUNCILLOR MAHER
WHEREAS: On Sept 25, 2006, the 2006-2007 Cambridge City Council ordered that a site in the vicinity of the corner of Grove Street and Huron Avenue be dedicated as "Pat and Mary Pizzuto Square;" now therefore be it
ORDERED: That the City Council go on record reaffirming the dedication of Pat and Mary Pizzuto Square.

O-29     July 28, 2008
COUNCILLOR MAHER
WHEREAS: That, after consultation with the family, a suitable location in North Cambridge be dedicated to honor the memory of John J. Pollander, United States Marine Corps.

O-30     July 28, 2008
COUNCILLOR DECKER
WHEREAS: The Walden Street Bridge construction has been going on since October 2006; and
WHEREAS: This construction has caused hardships for everyone living in the neighborhood; and
WHEREAS: The Brisk family, located at 45 Walden Street, has Massachusetts highway Department and JF White designing the sidewalk and stairs coming into their property; and
WHEREAS: There are concerns that the sidewalk and stairs are not designed to Massachusetts Building Code; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to reach out to the Massachusetts Highway Department and JF White to ensure that the sidewalk and stairs are built to code; and be it further
ORDERED: That the City Council go on record urging the Cambridge delegation to confer with the Massachusetts Highway Department and JF White to ensure that this matter is taken care of in a timely manner.

O-31     July 28, 2008
COUNCILLOR KELLEY
WHEREAS: A variety of concerns have been raised about an ongoing project in the vicinity of Putnam and Western Avenue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the status of recent street and utility work on Western Avenue to include neighboring residents’ concerns about broken traffic lights, poorly situated police details, snarled traffic and lack of advance notice.

O-32     July 28, 2008
COUNCILLOR DECKER
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to discuss the feasibility of having a crossing guard on Kinnaird Street near the Amigos School during the school year.

O-33     July 28, 2008
COUNCILLOR DECKER
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to discuss the feasibility of installing a raised crosswalk on Kinnaird Street near the Amigos School.

O-34     July 28, 2008
COUNCILLOR MAHER
VICE MAYOR MURPHY
WHEREAS: The major street improvement project on Vassar Street near the intersection of Massachusetts Avenue will result in the narrowing of Vassar Street and a significant loss of parking and loading spaces on Vassar Street which may result in unintended barriers to customers of Metropolitan Moving and Storage; now therefore be it
ORDERED: That the City Manager be and hereby is requested to arrange an emergency meeting with the owners of Metropolitan Moving and Storage and appropriate City departments to insure that there is a workable short-term solution to their customers' ability to load and unload vehicles including appropriate temporary signage as well as a thoughtful long-term solution that will allow this longtime business to continue to flourish in Cambridge.

O-35     July 28, 2008
VICE MAYOR MURPHY
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
WHEREAS: The Universal Declaration of Human Rights, which constitutes a common standard of achievement for all peoples and all nations, is the source of inspiration and has been the basis for the United Nations in making advances in the existing international human rights instruments; in particular, the International Covenant on Civil and Political Rights and the African (Banjul) Charter on Human Rights and Peoples' Rights, and has been incorporated by reference in the Ethiopian Constitution as part of the supreme law of the land; and
WHEREAS: The Ethiopian government has repeatedly violated the rights enshrined in the Universal Declaration of Human Rights; and
WHEREAS: Documented violations of human rights in Ethiopia include widespread violation of privacy rights, warrantless searches and seizures, arrests without probable cause, and severe curtailments of basic human rights, including freedom of speech, press, association, and assembly; and
WHEREAS: Ethiopian Americans in Cambridge are deeply concerned about human rights violations in their native country and seek the immediate and unconditional release of opposition leaders, journalists and all political prisoners in Ethiopia; and
WHEREAS: HR 2003, Ethiopia Democracy and Accountability Act of 2007 would encourage and facilitate the consolidation of peace and security, respect for human rights, democracy and economic freedom in Ethiopia; and
WHEREAS: The United States House of Representatives passed HR 2003 on October 2, 2007; now therefore be it
RESOLVED: That the Cambridge City Council calls on Congress and the President of the United States to demand that the Ethiopian government immediately and unconditionally release all political prisoners and journalists and fulfill its obligations under the Universal Declaration of Human Rights as incorporated in Ethiopia's constitution, in accordance with the established norms of human rights, democratic principles and the rule of law; and be it further
RESOLVED: That the Cambridge City Council urges the Senate Foreign Relations Committee to report it favorably and the full Senate to support it; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward copies of this resolution to the President of the United States and to each Senator and Representative from Massachusetts in the United States Congress on behalf of the entire City Council.

O-36     July 28, 2008
MAYOR SIMMONS
COUNCILLOR REEVES
VICE MAYOR MURPHY
ORDERED: That the City Council dedicate a suitable location in honor of Olive Johnson; and be it further
ORDERED: That the Assistant to the City Council be and hereby is requested to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-37     July 28, 2008
COUNCILLOR MAHER
VICE MAYOR MURPHY
WHEREAS: Lexington Avenue neighbors have had their utility wires torn down by oversized delivery trucks which frequently are making deliveries to a Fresh Pond Parkway business; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Traffic, Parking and Transportation Department and the Police Department to review truck traffic on Lexington Avenue and report back to the City Council about safe alternatives that would curtail heavy trucking on this narrow residential street.

O-38     July 28, 2008
COUNCILLOR DECKER
COUNCILLOR MAHER
COUNCILLOR TOOMEY
ORDERED: That the Mayor and Vice Chair of the School Committee work with the City Manager to draft a letter requesting that the local universities find a meaningful opportunity to significantly contribute to the Cambridge Rindge and Latin High School renovations; and be it further
ORDERED: That a response from the universities to such a request be reported back to both the City Council and School Committee.

O-39     July 28, 2008
MAYOR SIMMONS
COUNCILLOR REEVES
COUNCILLOR DECKER
VICE MAYOR MURPHY
ORDERED: That the City Manager be and hereby is requested to direct the Commissioner of Public Works to send Department of Public Works personnel to Western Avenue, particularly in the vicinity of 159 Western Avenue, to remediate the rat problem and to investigate whether the infestation is connected to the utility work in the neighborhood.

O-40     July 28, 2008
COUNCILLOR TOOMEY
VICE MAYOR MURPHY
MAYOR SIMMONS
WHEREAS: The City Council has always encouraged city employees to use alternative means of transportation such as bicycles and public transit; and
WHEREAS: There are two garages located within walking distance to the new police station; and
WHEREAS: Green space is scarce in East Cambridge and the use of this space should benefit the residents of this neighborhood; now therefore be it
RESOLVED: That the City Council go on record opposing the use of the Cambridge Redevelopment Authority parcel on Binney Street and Fulkerson Street for temporary parking for the new police station; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the possibility of using this space as a dedicated dog park.

O-41     July 28, 2008
COUNCILLOR DECKER
COUNCILLOR MAHER
COUNCILLOR TOOMEY
VICE MAYOR MURPHY
WHEREAS: The Church of the Latter Day Saints received strong support for their proposed development on Binney Street; and
WHEREAS: Much of that support was based on a commitment to hire general contractors and sub-contractors who would respect prevailing wage laws and the city values in hiring practices; and
WHEREAS: Consigli Contractors has been hired by the Church of Latter Day Saints; and
WHEREAS: Consigli Contractors has not committed to working with contractors who respect Cambridge hiring standards; and
WHEREAS: Consigli Contractors has refused to return phone calls from contractors who have a history of successfully meeting Cambridge standards; now therefore be it
ORDERED: That the City Council go on record asking for an update from the Church of Latter Day Saints in response to these concerns; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Church of Latter Day Saints on behalf of the entire City Council.

O-42     July 28, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to provide the City Council with the following information:
 * The zoning map for the area of Joan Lorentz Park;
 * The Public Works map of Joan Lorentz Park;
 * The record from Public Works regarding Joan Lorentz Park; and
 * The boundaries of Joan Lorentz Park.

O-43     July 28, 2008
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant Manager for Community Development to report back to the City Council on the number of other properties that could be affected by the Kaya Ka zoning petition, including properties that could increase the existing FAR by tearing down or making modifications to the existing building.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Neighborhood and Long Term Planning Committee held a public meeting on June 18, 2008 at four o’clock and seven minutes p.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss long-term open space protection for Joan Lorentz Park.

Present at the meeting were Councillor Sam Seidel, Chair of the Committee; Councillor Kenneth E. Reeves; Donald Drisdell, City Solicitor; Beth Rubenstein, Assistant City Manager for Community Development (CDD); Les Barber, Zoning Specialist, CDD; Paul Ryder, Recreation Director; and Donna P. Lopez, Deputy City Clerk.

Also present at the meeting were Margaret McMahon, 14 Highland Avenue; Francis Fox Spinks, 17B Bigelow Street; Karen Carmean, 1657 Cambridge Street; David Szlag, 74 Ellery Street; Joan Pickett, 59 Ellery Street; Maria Weintraub, 383 Broadway; and Chris Robinson, 20 Ware Street #9.

Councillor Seidel opened the meeting and stated the purpose. This was an order submitted by Councillor Toomey to clarify open and green space. (Order #4 of Feb 4, 2008). A response was received from the City Solicitor which appeared as Agenda Item Number Twenty-two of Apr 28, 2008 (Attachment A). This issue originated in the Mid-Cambridge Neighborhood Association for protection on Lorentz Park. Lorentz Park could get eaten away over time. A vote of the legislature is required to include Lorentz Park under Article 97 or any state statute that would add additional protection for Lorentz Park.

Mr. Drisdell stated that his opinion distinguished between green and open space. The open space district is a use designation in the Zoning Ordinance. Lorentz Park is designated open space. Public parks are allowed in open space. Floor Area Ratio (FAR) is limited to .25; it is low to keep permitted building recreational or public use. The library project makes use of the gross floor area. There is no available space to supplement building on this space.

Councillor Seidel asked if the library encroaches on this area. Mr. Drisdell stated that this is in the building and special permit application document. The lot is recorded on the Assessors record. The city owns the area bounded by Cambridge Street, Broadway, Ellery and Fenton Street and was acquired at different times. The park was built on land of Cambridge High and Latin School (CHLS). The library and Rindge Technical School were gifts from Frederick Rindge. This land has been used as a multiple mixed use by the city. The School Committee turned the land back to the city for a municipal general use. The use of the block has changed over time. Placing limitations per Article 97 should be done very carefully by the City Council. A home rule petition is not necessary. Article 97 designation could be done by City Council order with metes and bounds of the area.

Councillor Seidel stated that the neighborhood wanted a greater degree of protection for the park. The issue is the capacity to build on the park and is the park maxed out in terms of FAR. What is a scenario where the park could be built on? Mr. Drisdell responded that 1. If the City Council changed the zoning for the lot, it could be built on, but the current library expansion uses up all the available FAR on the lot under the current zoning. 2. If the existing structure were demolished, there would be FAR that could be used for a new structure. Any changes to the zoning designation "open space" would have to be done city-wide. Councillor Seidel asked if there was any escape clause or permit to get past the FAR restrictions. Mr. Drisdell replied a variance.

Karen Carmean spoke of the space in front of the library and the space on Cambridge Street and whether there was access to a larger area of land. Mr. Drisdell stated that the boundaries extend beyond the tennis court and includes area in front of the library and Cambridge Street. The library trustees believe that the area in front of the library is under the jurisdiction of the library and the trustees have control of this area until turned over to the city. The trustees did not vote on the Lorentz Park area. The area in front of the library is designated open space. In the library expansion application the .25 FAR was used up.

Councillor Seidel commented that the actual boundaries of Lorentz Park need to be understood and clarified.

Joan Pickett agreed that the boundaries of Lorentz Park need to be clarified.

Mr. Drisdell stated that in the library expansion planning the issue of the boundaries of Lorentz Park came up. The lots of record and the court record of Carmean vs. the City of Cambridge filed on Oct 4, 1976 and decided in March, 1977 was checked. In 1970 the high school was expanded to its current site. The area bounded by Broadway, Cambridge and Ellery Street was all park and could not be built on. This was the issue of the litigation. The court found that none was designated as park land and was not part of the park portfolio of the Cambridge Park Commissioners. The boundary for Lorentz Park was not clarified. At the completion of the high school expansion the city intended to keep the space as a park. In the late 1970’s a proposal was forwarded to the City Council to designate the Lorentz Park area as a park. The City Council did not vote on this proposal. This block was not legally designated as parkland. The Cambridge Park Commissioners were eliminated and now this area is maintained by the Public Works Department. The Public Works records show that area was designated as Joan Lorentz Park but this is not in the city records and not voted on by the City Council. This area has been used as a municipal multi-use area.

At this time Councillor Seidel made the following motion:
ORDERED: That the City Manager be and hereby is requested to provide the City Council with the following information:
1. The zoning map for the area of Joan Lorentz Park;
2. The Public Works map of Joan Lorentz Park;
3. The record from Public Works regarding Joan Lorentz Park; and
4. The boundaries of Joan Lorentz Park.

The motion – Carried.

Mr. Drisdell further stated that in 1990 there was a citizen petition to rezone two areas in this block as open space. The zoning map includes metes and bounds. Ms. Carmean stated that property less than one acre could not be rezoned.

Councillor Seidel inquired is a park designation still a possibility. Mr. Drisdell responded in the affirmative. This can be done by City Council vote but this restricts future uses. Is a park synonymous with Article 97 asked Councillor Seidel? Mr. Drisdell responded in the negative. He stated that a park is not included in Article 97. The word "park" is not included in the language of Article 97.

Is there any other municipal power to provide protection without ceding to the state, asked Councillor Seidel? Mr. Drisdell stated that he did not know of any.

Councillor Seidel commented that change to the parcel would require City Council action. To designate the area as a park under Article 97 would cede powers to the state and would require City Council action.

At four o’clock and fifty minutes p.m. Councillor Seidel opened the meeting to public comment.

Francis Spinks distributed his comments (Attachment B). He complimented Mr. Drisdell. He stated that the City Council voted to remove the zoning restriction on whatever library site was selected. This was when the site was narrowed to three or four sites. The lawsuit by Ms. Carmean quoted that the park was designated open space.

Joan Pickett, member of the Mid Cambridge Neighborhood Association, stated that the association voted permanent protection of open space for this area including, but not limited to Article 97. There was no loss of open space. The conservation records need to be reviewed. She can see that in the future this may be the only place to build on. She will pursue a citizen petition because the neighborhood has lost this space.

Karen Carmean stated that the judge ruled for the city. A portion of the new area would be used as a park by the city and an increase in open space from what was there before. The city advertised the park as a historic park. Open space is not as important as a school, swimming pool or senior center. She favored an Article 97 and it is needed now.

Councillor Reeves asked why you would designate this park under Article 97 and not all parks in the city. Why treat one park differently?

Joan Pickett stated that the history is to use this park as a park-like purpose. She views this as distinct because it is used as a municipal multi space due to the health center, school and War Memorial. Mr. Drisdell commented that Sennott Park was deeded to the city and does not have Article 97 designation because the donor put restriction under protection. Councillor Reeves stated that the policy point of view is to act in a way that you can explain. Ms. Carmean commented expansion in this area may be required in the future. Ms. Spinks added that this park needs to be examined in context with the neighborhood. He stated that this neighborhood is the densest area with less open space.

Mr. Rubenstein commented that she does not know if this area is the densest area. Porter Square has the least amount of open space per the Green Ribbon Report. Mr. Ryder added that the Green Ribbon Report is what the Recreation Department works from. Somerville is the densest area in the country. Mr. Ryder informed the committee that the Joan Lorentz Park Committee works well to solve issues. Councillor Reeves stated that Lorentz Park is unique and unwelcoming. It has few seats and the Ten Commandments. The park can be used passively. Ms. Pickett stated that the park is used on weekends by children, sun bathers, Tai Chi, book groups, Frisbee, etc. She would like more seats in the park. Sennott and Morgan parks have few seats as well, stated Councillor Reeves.

Mr. Ryder stated that Lorentz Park has not been redesigned since 1970. This may need to be part of the capital project. The design needs to be revisited.

Margaret McMahon informed the committee that there was a request for the park to be a passive park. In 1970 there was seating in front of the library, stated Mr. Spinks. Ms. Carmean stated that the reason there are few seats is that it is a safety issue. The 1970 design decision was based on a questionnaire input.

A portion of the park is named after Moe Sarton and a tree was planted in memory of a librarian and a Japanese garden at this site was gifted by our Tsukuba sister city.

Councillor Seidel received e-mails as follows and are attached (Attachment C-I): Joan F. Pickett, 59 Ellery Street; Elizabeth Harmer Dionne, 4 Hancock Park; Paula Lovejoy, 9 Clinton Street; Hannah and Merav Gold, 7 Shady Hill Square; Doane Perry, 1657 Cambridge Street; Howard Van Vlech, 11 Shady Hill Square; and Dr. Bette K. Davis, MIT, 77 Massachusetts Avenue.

Councillor Seidel thanked those present for their attendance.

The meeting adjourned at 5:27pm.

For the Committee,
Councillor Sam Seidel, Chair

Committee Report #2
The Housing Committee held a public meeting on June 19, 2008 beginning at five o’clock and five minutes p.m. in the Sullivan Chamber. The meeting was held for the purpose of discussing issues relative to housing for larger families in Cambridge.

Present at the meeting were Councillor Sam Seidel, Chair of the Committee; Mayor E. Denise Simmons; Councillor Timothy Toomey, Jr.; and City Clerk D. Margaret Drury. Also present were Beth Rubenstein, Assistant City Manager of Community Development; Cassandra Arnaud, Acting Housing Director, Community Development (CDD); Linda Prosnitz, Housing Planner, CDD; Gregory Russ, Executive Director, Cambridge Housing Authority (CHA); Angelica Benson, Director of Leased Housing, CHA; Peter Daly, Executive Director, Homeowners Rehab, Inc. (HRI), member of Cambridge Affordable Housing Trust (AHT); Michael Haran, Executive Director of CASCAP and member of the AHT; Laura Booth, Budget and Policy Director for State Senator Anthony Galluccio; and Cheryl-Ann Pizza-Zeoli, member of CEOC Board.

Councillor Seidel convened the meeting and explained the purpose. He provided some background on the origin of the issue. The City Council has had a roundtable discussion of Cambridge demographics as well as a roundtable discussion of housing policy. The Housing Committee had a follow-up meeting after the roundtable and decided that one topic that they wanted to discuss was the issue of housing for large families. A fundamental question is the trend is the role of the market. The trend in market-rate housing is toward smaller units. He invited Beth Rubenstein to begin the discussion.

Ms. Rubenstein said that she and the staff have prepared for a discussion on three and four bedroom units. If you look purely at demand, the market is for smaller units. Ms. Rubenstein proposed starting with the City’s record with respect to supporting housing for large families then talking about demand and then discussing some of the technical possibilities to provide support for additional family-sized units.

Councillor Seidel invited Greg Russ, Executive Director of the Cambridge Housing Authority, to comment. Mr. Russ said that 84 percent of the family waiting list is comprised of families needing one- and two-bedroom units. There is a similar pattern for the voucher waiting list. Mr. Russ said that when you construct units larger than two-bedroom units, there are significant cost increases. The big questions are: can you attract enough people? Can you afford to build larger units?

Mr. Daly, Executive Director of Homeowners Rehab, Inc. (HRI), said that HRI has found that more families needing three- and four-bedroom units tend to drop off the waiting list; smaller families hold on longer. Their experience is that many households who are on the waiting list are doubled up with another household since they cannot afford a market unit on their own. They essentially split the rent. (There are rare exceptions if they find an owner willing to rent at below market). The larger the households, the more difficult it is for this to happen for an extended period of time. A one bedroom household can sleep on someone’s couch in the living room for quite a while but for a family with 3 children this can only occur for a short time. So by the time these folks come up on the waiting lists (or the lists are purged), there is a greater likelihood that the large families are no longer there

Mr. Russ said that he would like to look at the list of current occupants of the CHA two-bedroom units to see if some of those families also need more bedrooms. Mr. Daly said that HRI always gets requests from their current tenants for larger units. Ms. Benson said that one-third of the leased housing tenants have moved out of Cambridge.

Ms. Booth, Budget and Policy Director for Senator Anthony Galluccio, said Winn Management and Federal Management should be included in this conversation.

Mr. Haran, Executive Director of CASCAP, emphasized the importance of looking at the total housing pool.

Ms. Arnaud, Acting Director of Housing, CDD, distributed a bedroom size analysis (Attachment A). The majority of the units being produced by the nonprofits are two plus bedroom units. In the inclusionary housing program; the inclusionary units are provided in private market developments and must mirror the market units in that development. Consequently, 87 percent are one and two bedroom units. The City Council and the Affordable Housing Trust (AHT) have been consistent in working towards larger size units, family sized units. Councillor Seidel asked if the Trust would forego a 50 unit building at a good price if all the units were one bedroom units. Mr. Daly said the answer to that question is "probably yes."

Mr. Russ emphasized that there is a higher cost for larger units. Ms. Benson noted the additional cost of amenities for larger families, such as more bathrooms, and laundry facilities.

Councillor Seidel said that he would like a breakdown of the income levels served and the actual amounts that the terms represent, for example, what is median income for a family of four. Ms. Rubenstein said that most of the housing produced by the nonprofits is housing for families earning 80 percent of median income or below. Mr. Russ said that 85 percent of CHA family waiting list is made up of families with incomes of 30 percent median income or below, although some have incomes in the 50 percent of median level.

Ms. Pizza-Zeoli, CEOC Board Member, said that in the context of their capital planning, the CHA had considered adding some larger units. Mr. Russ said that they have not made a decision on that issue.

Councillor Seidel said that with regard to demand, perhaps we should look regionally. Ms. Rubenstein said that there is demand outside of Cambridge for three-and four-bedroom units. She added that if we tinker with our own local preference we can find more larger families as well. Councillor Seidel then invited discussion of the technical issues of how the City could use its regulatory powers to provided incentives for larger units.

Ms. Rubenstein said the first piece of such a discussion is the issue of amending the inclusionary zoning to allow the City to require the developers to provide fewer but larger units so that the total square foot area adds up to the 15 percent requirement. There are pros and cons. On the plus side, larger units would mean more families. However, the requirement to build the inclusionary units that are identical to the others makes the program easy to administer. Both the developer and the regulator know exactly what is required. There also could be more of a physical separation, when the units are different sizes the difference in the size of the market-rate families and the subsidized families may exacerbate social and cultural issues. Also, the City will get fewer affordable units. Ms. Booth said that she has been working with the Community Builders Nonprofit Housing Agency and they have experienced similar issues and have been successful in mixing up the size of units without creating separation of the population. She does not believe that this design issue presents an insurmountable obstacle.

Ms. Rubenstein said that is addition to requiring larger units for the required affordable inclusionary units in market rate housing built by developers, there is also the possibility of tinkering with special permits to encourage larger market rate units in projects which require special permits. Councillor Seidel asked whether this is legal. Ms. Rubenstein said that she suspects that the law might have to provide for some sort of construction bonus in exchange for building the larger units.

Ms. Arnaud then explained the point system used in determining eligibility for affordable housing. An applicant gets four points for being a Cambridge resident, an additional point for a child under age 18, another point for a child under age 6, for a total of six points. The child under age six thus gets two points, one for being under 18 and another for being under the age six.

Councillor Toomey said that he does not believe that an applicant should get the same number of points for living in Cambridge for six months that a resident would get for living in Cambridge for 30 years.

Ms. Arnaud added that for rentals, there is an additional point awarded for emergencies. The highest point families are put in a lottery. At first only the six point families made it to the lottery; now families with fewer points are getting a chance at the lottery. Ms. Arnaud listed a variety of "Cambridge ties" that could be utilized to increase eligibility for a local preference, for example, working in Cambridge, family living in Cambridge, etc.

Councillor Seidel said that he would like more information about demand and construction costs. Mr. Russ said that it might be useful to have a better sense of what the Cambridge market looks like now and how it fits into the regional market. Mr. Haran said that the questions posed at this meeting are really questions posed at this meeting are really questions of the use of housing as a tool in shaping social policy.

Councillor Seidel thanked all those present for their participation. The meeting was adjourned at six o’clock and thirty-five minutes P. M.

For the Committee,
Councillor Sam Seidel, Chair

Committee Report #3
The Public Facilities, Art and Celebrations Committee held a public meeting on June 24, 2008 at two o’clock p.m. in the Sullivan Chamber.

The purpose of the meeting was to receive an update on present and future plans for the arts in Harvard Square and to discuss how Harvard Square Arts organizations can be further enhanced.

Present at the meeting were Councillor Marjorie Decker, Chair of the Committee; Councillor Henrietta Davis; Jason Weeks, Director, Arts Council; Paul Ryder, Recreation Director; Nicole Bukowski, chambermaid to Councillor Decker; and Deputy City Clerk Donna P. Lopez.

Also present were Dan Hogan, Chair, Passim Folk Music and Cultural Center; Betsy Siggins, Club Passim; Ned Hinkle, Creative Director, Brattle Theatre; Richard Orchard, American Repertory Theatre; Jose Mateo, Director, Ballet Theatre; Denise Jillson, Harvard Square Business Association (HSBA); Terrence Smith, Cambridge Chamber of Commerce; and Tom Lucey, Harvard University.

Councillor Decker convened the meeting and explained the purpose. Over the years she has collaborated to support the arts in Harvard Square. The economy of Harvard Square is promoted through the arts. Visitors attending shows in Harvard Square go into the small shops in the square after performances. An artistic organization is not necessarily an economic organization. Her goal is to help with resources in an effort for the arts to thrive. She asked each organization to give a presentation on their future goals and if support from the city is needed.

Dan Hogan, Chair, Passim Folk Music and Cultural Center, informed the committee that their offices may need to be moved at the end of the year due to the increase in rent. He distributed his presentation (Attachment A). He stated that more space is needed. He is interested in having a Cambridge Folk Festival on the Cambridge Common. His goal is to become a national center for music, a museum and an archive with a children’s component as a cultural draw to the city. He does programs in the Cambridge Public Schools. To achieve this goal, partnerships are needed. He would like this national center to be located in Harvard Square. A feasibility study is being planned for next year. The youth program can be expanded. He sees the need for a performing Arts Center for Harvard Square. A 400-500 seat venue is needed around Boston. Longy School of Music is considering moving due to deferred maintenance to their building. Boston Blue Grass Music and other organizations are willing to work with Passim.

Ned Hinkle, Creative Director, board member and founder of non-profit Brattle Theatre, stated that Brattle Theatre has been a non-profit organization for ten years and is still building a donor base. He has received support from the city. He is working on a two-year strategic plan for the future. It is important to Brattle Theatre to be located in Harvard Square because of the theatrical and educational institutions as well as the accessibility to young people. There is competition for young audiences. He would like to do more outreach to get high school students interested in drama. There are currently three staff people working with interns. He wants to draw new people to maintain his current audience. Diversity of programming is built in. Harvard Square is coming to a crest. He is worried that independent growth may wither away with the economic condition.

Richard Orchard, American Repertory Theatre (ART) distributed a snapshot of ART (Attachment B). ART was co-founded in 1979. It is the only school in the country for advanced theatre training. Harvard University has contracted with ART to teach theatre. ART instituted a "pay what you can" program. On Aug 1-3, 2008, Shakespeare in the Square will be held. ART opened Zero Arrow Theatre in January 2005 with 300 seats. ART is flexible to host dance, film and theatre events. A new artistic director, Diane Polces, is working at ART. She is one of the founders of "City Step."

Jose Mateo, Ballet Theatre of Boston, Inc., originated in Cambridge and moved to Boston. Eight years ago the school moved back to Cambridge. The school started to distinguish itself in 1986. He acknowledged help he has received from the city. At this point in history he is taking a turn to develop a different model called "Dance for World Community." Attendance is down at performance art organizations. He is developing a multi-component program to help empower art organizations to engage community. The components are web site, festival (local level program), conference, publication and youth development program (local level program). A festival that will bring more visibility to art organizations to engage more components of the community is planned. He would like involvement from human service and environmental organizations for an all day festival with dancers. It is about inclusion and positioning dance in our community and culture.

Councillor Decker stated that she has had conversations with many organizations throughout the city on how the city could be more supportive to the art organizations. She asked Mr. Hogan if he has started looking for more space outside of Harvard Square. Ms. Siggins stated that operational space is needed. Storefront property that could be used for exhibition of archives would be ideal. Mr. Hogan informed the committee that the main venue would be kept in the current space; the office space would be moved.

Ms. Denise Jillson, HSBA, stated that there is a 98.6 occupancy rate in Harvard Square. There is little space available in Harvard Square. Councillor Decker spoke of space used for dual purposes. Ms. Jillson stated that this conversation has occurred. Mr. Hinkle stated that there is a desire for commercial space. Brattle Theatre has a need for multiple screens for programming, however, there is little staff space. He supported communal office space for art organizations.

Councillor Decker stated that a performance art space in Harvard Square is ideal. Ms. Jillson spoke of space on Church Street with public parking underneath. Underground parking is expensive, commented Mr. Hogan.

Councillor Decker spoke of who are the stakeholders are and where are the leverage points. She cited a Chinese Film in Brattle Square. Was this tied to the Dragon Boat Parade? This could involve the Department of Asian Study at Harvard University. This is an example of collaboration and networking. This will bring more to the organization. Mr. Lucey stated that Ms. McCormack for the Office of Arts at Harvard University holds quarterly meetings for community arts partnerships. All interested parties should get together to discuss needs and issues. Councillor Decker asked how the City Council could facilitate this conversation of collaboration and connection.

Mr. Lucey suggested a Calendar of Events. Ms. Jillson informed the committee that the HSBA does this daily and also lists all university events for the public. The HSBA web site outshines the city web site stated Councillor Decker. She is targeting resources and art organizations.

Mr. Hogan suggested an arts council where art organizations meet to develop discussions of common interest. Mr. Weeks commented that the conversation today is more on physical issues. He could organize a discussion on collaboration and issues. He usually has discussions on art education.

Ms. Jillson stated Pro Arte moved due to staffing issues. An active Shakespearian company is looking to move to space in Somerville at the Armory. Mr. Mateo asked how do we do collaboration more systematically. Art organizations and agencies need to work on systematic collaboration and stay focused on performances (art organizations) and implementation of focus outside of arts and performances (agencies) build internal system outside of art. If programming is the only focus the audience needs to be analyzed.

Mr. Ryder suggested starting early about celebrations or festivals on the Cambridge Common. The Cambridge Common is a fragile space.

Councillor Decker stated that the Arts Council is an umbrella to bring together agencies and arts organizations to do brainstorming with Chamber of Commerce, Human Services, City Manager and City Council. She suggested getting the construction, plumbers and electrical unions to provide relationships on issues such as ADA. The city can bring additional resources without providing money. She would like to build a relationship between operational film makers and youth centers. The youth centers are an incredible resource. The youth centers contract to bring in classes to teach youth. Mr. Ryder also suggested including the senior centers so that all groups are involved.

Councillor Decker said that the City Council can be valuable in leveraging resources under the umbrella of the Arts Council. She spokes of themes that would involve different organizations as well as Harvard University and MIT.

Mr. Orchard spoke about the economy and the impact of art on the spiritual, educational and stimulation to the community. Cambridge businesses are not donating to the arts because they do not know the value. The City Council could help with this function. The office space problem could be solved if there were a platform to articulate the need and issue. Local businesses do not understand the need to contribute to the local community, commented Councillor Decker. The City Council could be helpful in trying to raise money for a performance art center for the community. The biotech and research and development companies in Cambridge do not donate to the community. Polaroid was a good example of civic involvement in the community. Grant making philosophy needs to be expanded to include the local community, commented Ms. Jillson. Mr. Orchard suggested that the city should articulate the priority of civic involvement. Ms. Jillson stated Harvard University and MIT and all local banks have been great with donating. Kendall Square businesses are not so generous. Mr. Weeks stated that an economic impact study is needed; this will shift the focus. The Arts Council will establish the council in March/April and look into building relationships with the business community and art organizations. All attendees will be invited. Mr. Mateo suggested including what it means to support the arts. The arts should be at the top of the list when businesses are looking at where to invest. Mr. Smith stated that old life sciences are twenty years old. It takes awhile to get established in the community. There is a need to continue to ask for investment to get new companies involved in arts. Connections need to be made to patrons and employees who work for businesses for investment.

Mr. Weeks stated that identifying board members to find a direct contact for investment is needed. Councillor Decker stated she could provide this contact. She would have another meeting to begin to develop a blueprint where the city can be more involved.

Councillor Decker thanked those present for their attendance.

The meeting adjourned at three o’clock and twenty-two minutes p.m.

For the Committee,
Councillor Marjorie Decker, Chair

Committee Report #4  Amended
The Ordinance Committee held a public hearing on June 25, 2008, at five o’clock and fifteen minutes P. M. in the Sullivan Chamber. The hearing was held for purpose of considering a petition submitted by Alexandria Real Estate Equities proposing amendments to the Zoning Ordinance and map for the PUD-3A, PUD-4B and PUD-4C Districts in eastern Cambridge.

Present at the hearing were Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Henrietta Davis; Councillor Sam Seidel; Councillor Craig Kelley; Councillor Kenneth E. Reeves; Councillor Timothy J. Toomey; 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 (CDD); Stuart Dash, Director of Community and Neighborhood Planning, CDD; and Jeff Roberts, Neighborhood Planner, CDD.

Vice Mayor Murphy convened the hearing and explained the purpose. He invited the petitioners to present the petition.

Attorney James Rafferty, representing Alexandria Real Estate Equities, began the presentation. He described the amount of work that Alexandria has already done to get community input. Their specialty is the development of life science space. They have acquired several parcels in East Cambridge and their concept is to provide a larger, contiguous open space for a significant park in exchange for density bonuses for the construction of life science buildings at increased densities at the other parcels. They were told over and over at the community meetings they held that this is a concept that should be explored.

Mr. Joseph Maguire, Assistant Vice President, Alexandria Real Estate Equities, presented the overall proposal. Alexandria now owns over two million square feet in Cambridge and would like to add more. They are respectful of the prior work done as part of the Eastern Cambridge Planning Study (ECAPS) Zoning Amendment. They are committed to building LEED certified buildings. They will propose the minimum amount of parking that is economically feasible; approximately one parking space per 1,000 square feet, which is lower than the parking space ratio in Tech Square (1.5 spaces/1000 square feet). He noted that the historic buildings in the area will be preserved. Mr. Maguire submitted several maps and charts illustrating the proposal (Attachment A).

Mr. Rafferty explained the technical zoning changes that Alexandria is proposing. The proposed changes are most clearly illustrated in the chart prepared by CDD staff entitled "Alexandria Rezoning Petition – Summary of Proposed Changes."

Mr. David Manfredi, Elkus Manfredi Architects, described the urban planning aspects of the proposal. He quoted the description of park and open space goals for East Cambridge set forth in the East Cambridge Planning Study and a description of park goals and Green Ribbon Open Space Report. He discussed the benefits of mixed use zoning. A large percentage of the sites today are surface parking lots, and there is a lack of connectivity. This project will provide more connectivity. Also, the buildings can help make Binney Street a more defined urban space.

Mr. Manfredi also noted the material in the record showing the five and ten minute walk distances from the Kendall and Lechmere MBTA stations. He added that the project will increase permeability and storm water retention in the area.

At this time Vice Mayor Murphy invited comments from the interested public.

Senator Anthony Galluccio, Trowbridge Street, stated that he wants to offer his general support of the proposal. He believes the proposal offers hope to the life sciences industry, an industry that has been an economic growth engine in Cambridge. The project would provide growth opportunity for the industry in Cambridge. He noted the importance of this industry to Cambridge’s economic health. He said that he also sees this proposal as an opportunity to finally get more open space in East Cambridge. Senator Galluccio said that he has confidence that Alexandria will continue to work with the neighborhood.

Mr. Joseph Power, Business Agent for the Carpenters Local 40 Union, stated that this project presents tremendous opportunity for Cambridge construction workers and residents.

Lori Sutherland, 132 Pearl Street, Organizer for the International Union of Painters and Allied Trades, spoke in support of the project. She said that in addition to appreciating the economic opportunity for employment, as a resident she appreciates the open space that is being proposed.

At this time, Mr. Power and Ms. Sutherland urged the union members in the audience who support the project to stand up. Twenty persons stood to indicate their support.

Mark Sutherland, 132 Pearl Street, Carpenters Local 40 Union, spoke in support of the proposed amendment.

Louis Bacci, 149 Willow Street, Local 151 Union, spoke in support of the proposed amendment. He said that the proposal would provide both short and long term employment.

Robert Mastrangelo, 269 Putnam Avenue, also spoke in support. He said that a project like this one will help working class people to stay in Cambridge.

Tim Hughes, 340A Norfolk Street, spoke in support of the project. He urged the City Council to support a revitalized commitment to put residents to work.

Frances Antupit, 75 Cambridge Parkway, expressed surprise at the timing of this meeting. She voiced several concerns. She said that her first concern is with the characterization of the significance of the little triangle of which Alexandria owns 1/3 and the City owns 2/3. That little strip is hardly what one would think of as a pleasant park. Moreover, she does not believe it is possible to mitigate the noise. For the next 10 years there will be so much more dirt and noise. She does not see that this proposal creates all that much open space, not nearly enough to mitigate the negative effects. She also has concerns about the construction of a level 3 laboratory in her neighborhood.

Paul Tremblay, 65 Clay Street, Local 40 Carpenters Union, spoke in support of the proposal.

Bill Sayles, 164 Brookline Street, spoke in support of the project. He said that he would like to see more retail in the plans.

Sandra Bromfield, 10 Rogers Street, said that she is somewhat in support of the proposal but she has major reservations regarding traffic, density and the potential for a cavernous feeling of large buildings closing in the streets. She said that the developer needs to be held accountable to bring in restaurants and retail that will be open at night. The walk from Kendall to Rogers Street at night does not feel safe.

Susan Cheever, 10 Rogers Street, expressed agreement with the previous last speaker. She stated that a traffic plan has not yet been produced and stressed the importance of an adequate traffic plan.

Barry Zevin, 67 Hampshire Street, said that his feelings about this project are very similar to those expressed in his letter to the City Council with regard to ECAPS petition seven years ago (Attachment B). The issue is not density; it is use. Mixed residential and commercial use is desirable. Mixed residential and industrial use is problematic. This site would not generate sufficient retail usage to allow retail to succeed. He said that none of the area designated for retail use in University Park is occupied. It takes residential use to generate street level retail. Mr. Zevin also noted that the ECAPS plan envisioned a park about the size of the Cambridge Common, in the Volpe space. This park would be in the shade much of the day. The City Council should make the Volpe Park happen. The City got the zoning right in the ECAPS zoning and it should not be changed.

Tom Kwei, 75 Cambridge Parkway, stated that his concern relates to the character of the neighborhood and the quality of the air that will comer from the exhaust from the life science buildings.

Michael Hegarty, 143 Otis Street, said that he does not see this as an issue of open space in exchange for density. Kendall Square has major problems and some come from lack of oversight in past market-driven development. This development would abut the largest neighborhood in Cambridge, which is already stretched beyond its capacity. He said that significant mitigation is going to be required to maintain the neighborhood as sustainable. The proposal so far does not include such significant mitigation. He suggested making it a development with no parking. If the City, State and Alexandria work together, there is a way to do it. He stated that he is also concerned about bio-hazardous material in the neighborhood. He would like to see a real connection between the neighborhood and the Charles River.

Shannon Larkin, 106 Spring Street, discussed the zoning petition and the project. The East Cambridge zoning was a result of hard work and community participation. They wanted more housing to provide customers for retail. The MBTA plans to move Lechmere Station farther away from this project. She agrees that is the job of this City to procure the Volpe site as a park. She is opposed to the zoning changes, although she would probably favor the project if built with the as-of-right zoning.

Allan Green, 75 Cambridge Parkway and former president of Cambridge YMCA, submitted a letter for the record (Attachment C). The project would mean that he would have to look out his windows at a wall. That lot is a contaminated site. The developer’s emphasis has been on the open space, to buy off the City. The triangular space is tiny. The residences are seriously disorganized by this proposal and Cambridge is basically a City for residents.

Tony Pini, 257 Cambridge Street, Laborer’s Union, spoke in support of the project because of the jobs that it will create.

Herman M. Eisen, 75 Cambridge Parkway, noted the number of people that would occupy the building. There would be an increase in traffic. He emphasized the need to look at that traffic flow.

Carole Bellew, 257 Charles Street, stated that she sat on the ECAPS Committee. Rooftop mechanicals provide an unacceptable level of noise in East Cambridge. This consideration must be addressed. Also rooftop mechanicals add another 10-25 feet of height. Ms. Bellew said that she does not object to height on the other side of Binney; that is where ECAPS planned for it. She wants the development to be humanized. The neighbors want to work with Alexandria but they need these issues to be addressed.

Eddie Wright, 63 Holworthy Street, Local 7, Iron Workers Union and also employed by the Trial Court, stated that his family has lived in East Cambridge for many years. The Alexandria proposal is a wonderful opportunity for the City. He noted the uncertainty with respect to the future of the courthouse and the need to develop jobs.

Steve Kaiser, 191 Hammond Street, stated that in 2001 he thought the ECAPS committee was giving away too much. The neighborhood should feel cheated by this zoning petition. Kendall Square is dead at night and using more space for industrial development will make it worse. This is a zoning petition, not a project petition. Where is the traffic study? His alternative proposal for the height limit is 40 feet. He urged the City Council to reject the zoning petition outright. He submitted a letter (Attachment D).

Stash Horowitz, 12 Florence Street, expressed his shock at this proposal. This will end up 100 percent commercial and just extend Kendall Square two blocks up into the East Cambridge neighborhood. Why didn’t Alexandria go where the ECAPS zoning wanted biotech density to go? The City Council unanimously passed the Eastern Cambridge Housing Overlay District. Now the proposal is to reverse this. Why don’t they go to North Point and develop biotech there?

Sang Lee, 75 Cambridge Parkway, said that he works in life sciences. He still has not seen any traffic studies in six months of community meetings with Alexandria. Until there are more studies of traffic consequences, the petition should be opposed. However, the project itself is good.

Rich McKinnon, 101Fresh Pond Parkway, stated that he works for Archstone. Archstone agrees with Alexandria that the proposed park site would be in a terrific spot for a park.

Barbara Broussard, President, East Cambridge Planning Team submitted a letter (Attachment E.).

Vice Mayor Murphy asked Ms. Rubenstein to summarize what happened at the Planning Board public hearing on this petition on June 17, 2008. Ms. Rubenstein reported that the Planning Board had a number of questions and requests for follow up including the following:
· More traffic analysis
· A comparison of the currently allowed densities and the densities proposed in the petition
· Shadow studies
· A portrayal of the proposed height in a visual-map way
· History of the rate of build-out of life services space
· How much life science space currently exists and what percent increase would this petition represent
· Portrayal of the existing housing and housing potential in this area and how much housing potential would be left if the proposal were to be adopted.

Vice Mayor Murphy invited questions and comments from the members of the Ordinance Committee.

Councillor Toomey asked if there will be further community meetings. Mr. Maguire said that they will be meeting again with the East Cambridge Planning Team in July. Attorney Rafferty said that a three-dimensional model of the proposal is on display in Tech Square, and everyone is invited to view it. They will continue an ongoing dialog with residents of the Esplanade.

Councillor Toomey asked about a traffic study. Mr. Rafferty said that they have a traffic consultant. Councillor Toomey added that he is glad to hear of progress in squaring off the site of the proposed open space.

Councillor Toomey also said he has heard concerns from residents about the heights close to the neighborhood. He asked whether there is a change to the height limits from Charles Street to Rogers Street, and was told that there is not by Attorney Rafferty. Attorney Rafferty said that with very few exceptions all of the proposed buildings heights are consistent with the heights that would be allowed for housing under the current zoning.

Councillor Toomey asked whether Alexandria’s plan includes any housing. Mr. Rafferty said that the possibility for housing exists. Alexandria Real Estate Equities is a life sciences developer, not a housing developer, but there are sites, like the foundry site, that might be possible places for housing. He noted that 2,000 units of housing have been added to this area over the last seven years.

Councillor Toomey asked about possibilities for retail. Mr. Maguire said that their preliminary analysis shows some good areas for retail, for example, the intersection of Second Street and Binney Street and 300 Third Street. He added that part of their goal is activity at this site. Part of the draw for life science companies and personnel is a mix of amenities. Mr. McKinnon stated that Archstone intends to build housing on any land that they swap with Alexandria.

Councillor Toomey suggested that they think about the possibility of locating a hotel on the site. He said that he believes hotels are great for enlivening areas.

Councillor Toomey noted that neighbors have expressed concerns about potential biological waste material. Mr. Maguire said that Alexandria will provide written information to the City Council on this topic.

Councillor Toomey said that he hopes that Alexandria will look at additional mitigation for the neighborhood, perhaps, a partnership with a local elementary school.

Councillor Reeves encouraged councillors to look at how we got here, to look back at the ECAPS study and also at where Cambridge is positioned with regard to the life sciences. This is an interesting proposal and it raises the question of do we want a bioscience district in an intense way? It is logical, but do we want all our eggs in this basket? Neither the City of Cambridge nor the bioscience community seems to know how to get interesting retail activity. Hotels are good, depending on the type. One of the reasons bioscience is here is because they like nightlife. He urged them to think about the possibility of dancing and entertainment. The East Cambridge Planning Study was an extensive effort, and the resulting zoning reflects what the members of the community thought they wanted. Councillor Reeves said that Kendall Square has emerged as a world famous site for life sciences. He is glad that the government can entertain a new proposal but no one yet has been able to tell the City how to make Kendall Square lively at night. He added that he would like to know if the Constellation Center is ever going to happen and the status of Lechmere T Station.

Councillor Maher noted that moving the Lechmere T. Station is a condition of the special permit for North Point. A permit cannot be issued unless it includes the T stop being moved.

Councillor Davis said that this proposal raises many complicated issues. Foremost of her concerns is whether this rezoning would add to or detract from Cambridge’s livability. We do not have a good track record with respect to creating a successful residential/commercial mix. The only good place is Main Street in front of the Marriot Hotel. University Park and the area around the Broad Institute are not nice places to be, especially at night. The area around Genzyme’s new building is also not a nice place. The Sonesta/Galleria area almost works. The area under consideration for this proposal is really not green, not pleasant. There would need to be a big give-back to the environment. She urged the petitioners to think about green roofs. She wants to see the green commitment written into the zoning.

Councillor Davis asked for a comparison of the amount of open space required under the current zoning and what is being offered in the proposed amendment. Attorney Rafferty said that there is no requirement for public open space in the current zoning.

Mr. Barber said that in many of the existing base zoning districts in the petition area, there is no minimum open space requirement for individual lots. In the East Cambridge Housing Overlay (ECHO) district, there is no minimum open space requirement in the base zoning, and for special permits in the ECHO district, the open space requirement is whatever is required in the base zoning. The petition would provide a 20% minimum open space requirement for special permits in the ECHO district through the application of a new PUD district to a portion of the area. For two areas south of Binney Street, there is no open space requirement in the base zoning, and the current PUD-4B open space requirement is 20% of the lot. Under the proposed zoning, they would be designated PUD-3A districts and the special permit required open space would drop to 15% of the lot. For the area north of Binney and south of Rogers, west of First Street, there is no minimum open space requirement in the base zoning and the current PUD special permit required minimum open space per lot of 20% would remain under the proposed rezoning.

Attorney Rafferty emphasized that there is no requirement in current zoning that any of the open space required on an individual lot be contiguous to open space on another lot. Councillor Davis said that it is wonderful to amalgamate open space for a park, but not if the overall area feels lacking in green and space.

Councillor Maher said that he and Vice Mayor Murphy are committed to ensuring that the proposal gets a full and fair hearing.

Councillor Kelley said that he does not believe that the greatest minds in the country are going to find a way to provide night life that really works in that area. The closest thing that works is the Cambridge Brewing Company. He said that, with regard to the nearby T stations, Lechmere is not really a good transit line. Councillor Kelley expressed strong reservations about giving all this authority to the Planning Board. He would like everything in the base zoning. He does not like the idea of giving the Planning Board the authority to decrease required minimum green space based on the accessibility of other open space. He also expressed concerns about noise, the effect of significant height increases of "noise canyoning," shadows, and the impact of tall building on views.

Councillor Kelley also suggested that the City Council take a close look at how manufacturing is actually defined in the code. The Council may want to revisit the definition.

Councillor Kelley said that he liked the suggestion made during public comment that no parking be provided. He said that he believes the petitioners are putting a good faith effort into meeting community needs.

Councillor Seidel asked whether every building that Alexandria wants to build would require zoning change, and Attorney Rafferty answered in the affirmative. Councillor Seidel said that this proposal raises major urban design issues. The traffic component is huge. The load on streets, especially north/south, will be massive.

He said that the City Council needs to understand whether this is the way they want to roll the dice. This project consists of large floor plates, single-use buildings directed toward a part of the economy that is currently flourishing. It is revisiting the question of housing versus commercial that was described a different way in the ECAPS zoning. It is critical to work through the design questions.

Councillor Seidel asked whether Alexandria had considered doing this development at the North Point site. Mr. Tom Andrews, Regional Vice President of Alexandria Real Estate Equities, said that they assembled these parcels when North Point was not available. In addition, their clientele would find this site preferable, largely because of the walking distance to the academic environment.

Councillor Kelley asked whether any change in allowed uses is proposed and Attorney Rafferty said no, the area is already zoned for this kind of use.

It was agreed without objection that the petition would remain in committee.

Vice Mayor Murphy and Councillor Maher thanked all those present for their participation. The hearing adjourned at seven o’clock and fifty-five minutes P.M.

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

Committee Report #5
The Transportation, Traffic and Parking Committee held a public meeting on Mon, June 30, 2008, beginning at five o’clock and thirty-six minutes p.m. in the Sullivan Chamber. The meeting was held for the purpose of discussing the traffic and parking issues involving 270-290 River Street.

Present at the meeting were Craig Kelley, Chair of the Committee; Councillor Kenneth E. Reeves; and City Clerk D. Margaret Drury. Present from the City administrative staff were Donald Drisdell, City Solicitor; Nancy Glowa, Deputy City Solicitor; Ranjit Singanayagam, Commissioner of Inspectional Services; and Susan Clippinger, Director of the Transportation and Parking Department.

Councillor Kelley convened the hearing and explained the purpose. He read the City Council order that engendered the hearing (Attachment A). He then invited public comment.

Tony Chen, 288-2 River Street, stated that, as a current owner, his concern is that there are violations of the building code that exist and yet the City has provided certificates of occupancy. He would like assurances that these violations will not continue to occur. Units in this development have been occupied for almost a year. When will the City address the owners concerns, to include safety issues, empty tree wells and so forth? He added that there is a curb cut on the property that does not match up with the drawings for the development and that people use extra curb cuts as a way to pull up onto the sidewalk to park. He expressed concern about aisle width and the definition of "primary entrance" being different in fact than in theory.

Joe Onorato, 280-2 River Street, said that when he bought his unit, he assumed that the driveway would be in one place and there was a foundation nearby. That place was only marginally acceptable in his opinion and now there is talk of changing the foundation. Then it got worse. Mr. Onorato said that although Mr. Scippi has said there were no changes in the plans, there were changes. The original plans showed 23 foot aisle widths for his unit. The new plans show 20 foot widths measured from inside of his garage. He does not understand the rationale for measurement of the driveway from inside the building. The developer is not paying attention to detail, and all the residents have to protect them is the City of Cambridge. Mr. Onorato also raised the problem of a very large pothole in the middle of River Street. Cars and trucks driving through this pothole create a great deal of noise and made him think there was an earthquake when he first moved in from California.

Kai Long, 290-3 River Street, expressed her concern for the safety of her 5 ½ daughter and the poor sight lines coming onto the site. There is no delineation between the sidewalk and the driveway. Because her unit is the third unit and there is no pedestrian walkway, she is always worried about safety. There is no place on the site to lock up a bicycle. Ms. Long also expressed concern about the ability of emergency vehicles to reach her unit.

Ednan Bajwa, 280-1 River Street, stated his agreement with the remarks of the first speaker as to the foundation’s location. When he bought his unit there was a foundation line already in place and that plan provided adequate turning width, but the site plans change continually. However, at the last meeting of the Planning Board, the discussion of aisle width requirements seemed to focus on a standard of "safe and convenient." This plan does not meet that standard. Mr. Badjwa said that the residents do not want to frame this issue as residents versus the developer; they want to know what the ground rules are for the plans.

Ann Kao, 284-3 River Street, thanked the committee for having this hearing and emphasized the issue of the trenches in the roadway on River Street adjacent to this site. The entire building shakes when trucks drive through these trenches, reminds her of a war zone or earthquake. She worries that the shaking may damage her property structurally, plus it gets noisy at 5:30 AM. She requested that the City send staff out to look at this problem.

Malaku Zewade, 280-4 River Street, stated that his main issue is the noise from River Street and the shaking of his house. He has three children, and the noise wakes them up continually and they ask him why he bought his house. He would like River Street to be repaired as soon as possible. He also noted that there are places for trees nearby on River Street, but there are no trees in these spaces. The empty tree wells should be filled. He is also concerned about the curb cuts in front of 280 River Street and the mailbox. Buildings have been built where there used to be entrances to the previous businesses at these curb cuts, but they are being used very dangerously as spots where drivers on River Street pull over and park.

Rocco Scippa stated that he is the developer of this site and he also owns a unit. He said that he agrees with almost every comment made earlier. The driveway should not be the way that it is, but he is under a stop-work order. He’d be happy to put pavers in. He said that he bought a plan that had 20 units and everyone knew that. He thinks that the trench existed before he got involved. Right now he is fighting for eight of them. The finances do not work without the stopwork order being lifted. He believes that the residents have a right to the measurements of aisle width that the law requires and he believes that the present measurements for the aisle width are correct. Once the stop work order is lifted, he will take care of what he can, including the installation of trees. The issue is in front of the Planning Board right now. He didn’t know he had to put in bike racks. If the Planning Board allows the units at 282 River Street, he will do whatever they say, to include putting in trees. With regard to 286 River Street, which is the one with the stop work order, he believes that he can take care of 90% of the problems. He’s not hiding from anyone. He bought a problem site. The new foundation is not closer than 20 feet to the opposite building. The foundation at 282 River Street does not exist.

Mark Mulligan, 66 Fairmont Street, stated that he is an abutter to the River Street site. He too feels the jolt from trucks hitting that trench on River Street. Mr. Mulligan asked how they have arrived at this position in the first place. Who is responsible for not only approving plans but also ensuring that the buildings are built in accordance with the plans rather than just getting bigger? It’s not just the developer’s fault, why did the Inspection Service Department (ISD) not take note of the dimensional discrepancies? He is also concerned that the Board of Zoning Appeal ruled against the abutters and said that there was no requirement for Planning Board review of a 20 unit project. This lack of Planning Board review helped contribute to these problems, Planning Board review is a must for something this size to help avoid future problems with traffic, aisle width, etc. ISD has acknowledged a number of incorrect calls. Aisle width cannot be measured from within buildings. He believes that all of the residents and abutters want to make the project work, but they want to make sure that there is reform of the ordinance and the enforcement procedures.

Councillor Reeves said that the job of the City Council is to listen. River Street at rush hour has been a continuing problem. There is more traffic on River Street than should be allowed on a residential street. He knows that it is possible to have good projects on River Street. He gave an example of a project on River Street that he considers to be a good project. He expressed concern about how design decisions are made and that a livable city does not have shaky houses.

Emma Rothfeld, 280-3 River Street, said that she is not here to accuse anyone. She just wants answers to several questions that she has and is hoping to identify ways to improved conditions at the site and create better enforcement. She submitted a written list of her questions (Attachment B). Ms. Rothfeld raised concerns about access of emergency vehicles and asked whether the Fire Department reviewed the plans and what its comments were. Simple vans have trouble moving around inside the site. She said that there are seven units with no street access, and she has not seen a hydrant nearby on River Street. (Ms Rothfeld later wrote to correct her testimony and inform the committee that there is a hydrant on River Street near her unit.) Ms. Rothfeld stated that she is also concerned about internal circulation issues. Aisle width violations exist and a friend’s use of a traffic computer program showed her having to run over landscaping or bump into cars to access her garage.. Her own space is problematic. Where is bike storage? She submitted a copy of a site vehicle analysis map done by an architect from Orwig Associates (Attachment C). Ms Rothfeld said that she also has a question about whether the Building Permit Guidelines for sight lines with regard to driveway surfacing are applicable to this site. How did the City’s traffic department review the plans and subsequent changes?

Mr. Onorato said that the developer said that he wasn’t going to move the garage closer to his unit, that aisle width was going from 23 feet to 20 feet measured from inside his garage. The foundation was not removed, it was covered with dirt. Attention to detail about bike racks and the developer’s ownership makes the residents rely on the City more than anything else.

Mr. Bajwa said he doesn’t want to be adversarial, he just wants a better understanding of the ground rules.

Michael Brandon, 27 Seven Pines Avenue, stated that he wanted to reinforce the concerns addressed in the City Council order that led to this hearing. Mr. Brandon also emphasized the real lapse in proper zoning enforcement of this site. When it became clear that there were violations, the City circled the wagons to defend erroneous decisions and there are still problems for everyone involved. This might be a good case study for an in-depth look at what went wrong and how to make the process better. He said that when the abutters found apparent violations, the developer revised his plans to deal with them. He is concerned that the Fire Department may not have signed off on the changed plans. He is also concerned about landscape and design requirements for onsite parking. The original designer was not a registered architect. He also raised concerns about the issuing of certificates of occupancy for the 11 or 12 units before the landscaping and paving was done. The conditions at the site were unsanitary, the certificates may be conditional. Mr. Brandon submitted a copy of a May 15, 2008 letter from the residents to the Commissioner of Inspectional Services (Attachment D) and said that apparently there was no response to the letter. Mr. Brandon said that conditional certificates of occupancy, per state code, can only last for six months.

Ms. Rothfeld expressed confusion about the driveway surfacing. What type of driveway would result if the Special Permit were granted? What type if it were not granted?

Holly Miller, 19 Fairmont Avenue, stated that she is an abutter to the site. Ms. Miller noted that the zoning ordinance specifies an aisle width between parking spaces and also requires that there be proper maneuvering clearances.

There being no addition members of the public wanting to speak at this time, Councillor Kelley closed public comment. He began the next part of the discussion by saying that ideally all of the questions raised today will be answered at some point. He noted that there are clearly concerns about possible lawsuits in connection with this issue. The underlying issue is how did we get here and how can we not get here again. He invited Donald Drisdell, City Solicitor, to speak. Mr. Drisdell said that on several occasion during public testimony, comments were made about the Planning Board process regarding this site. However, that process is ongoing, an open case, and he has advised City staff that questions regarding the Planning Board process should be dealt with by the Planning Board. With regard to its consideration and determination of applications, the Planning Board has quasi judicial authority; if an individual is aggrieved by a Planning Board decision, the appeal must go to the court.

The City Solicitor said that originally, building permit applications for ten units of multifamily housing and ten townhouse units were reviewed and permits were granted. In response to some issues raised regarding the construction and compliance with the permits and the zoning ordinance, stop work orders were issued. He does not agree with testimony that stated that there were clear and obvious zoning violations other than those that were the subject of the stop work orders. Maneuvering spaces are tight, but he has been advised that they will work.

Councillor Kelley asked about the street repair issues, and how the City is planning to address this matter. Mr. Drisdell said that from the testimony at this hearing, it sounds as if a utility trench was permitted. That would be an issue for the Department of Public Works (DPW). DPW can require whoever pulled the permit for the work to repair the street. He said that he would communicate with the City Engineer to request that he look at this problem as soon as possible.

Councillor Kelley asked about the curb cut that does not line up with the driveway. Mr. Drisdell said that the site had three pre-existing curb cuts. The plans indicated that only one would be used and the other two would be deemed abandoned. Attorney Drisdell said that he has been advised that the curb cut has been reviewed and it meets the minimum qualifications. In response to a question from Councillor Kelley, Susan Clippinger, Director of the Traffic, Parking and Transportation Committee, said that part of the curb cut that is lined up with the driveway meets the does meet the minimum requirements.

Councillor Kelley noted the testimony that the abandoned curb cuts are apparently being used as pullovers. Mr. Drisdell said that once the curb cuts are abandoned, the DPW can establish new curb lines. Usually this happens the next time the DPW does a major reconstruction of the roadway, but if there is illegal parking, there may be a temporary solution that will address the issue in the meantime This is a matter that could be taken up and solved by the Planning Board as part of any special permit granted.

Councillor Kelley then asked about the missing street trees. City Solicitor Drisdell said that this too could be dealt with by the Planning Board. He does not know the details of why the tree wells are empty. If the disappearance of the trees is not connected with the project, then City staff will determine when to replace them as part of the street tree project.

Councillor Kelley then turned to the issue of access to the project by emergency vehicles. Rangit Singanayagam, Commissioner of the Inspectional Service Department (ISD), said that the Fire Department approves the plan before a building permit is issued and again before a certificate of occupancy is issued. Councillor Kelley asked whether, if changes are made after the permits are issued, the Fire Department reviews the changes. Mr. Drisdell said that he assumes that the Fire Department would so review. He said that the Fire Department needs to be able to respond quickly and is very good at making sure they will have the ability to do so. Councillor Kelley noted that a possible follow-up would be to have the information to say for sure that this review takes place when there are changes.

Councillor Kelley asked about the aisle width requirements. Attorney Drisdell said that the aisle width requirements are analyzed at the time when the building permit application is reviewed and before a certificate of occupancy is issued. Regarding at what point the aisle measurement starts, Mr. Drisdell said that zoning specialists for the City have advised him that the aisle width measurement was developed for parking garages, and not separately tailored to individual residences. The requirement is 20 feet and it is measured from the rear of the parked vehicle, so the measurement begins inside the garage where the rear of the parked vehicle will rest. Twenty feet is the space in between parking spaces in a parking facility, measured from rear of vehicle to rear of vehicle. Councillor Kelley said that perhaps measuring the 20 feet from the rear of the vehicle is not appropriate when the vehicle cannot start turning until the rear end clears the garage wall. Mr. Drisdell said that this has been the consistent interpretation that has been made by the City staff authorized to interpret the requirements for meeting the standard.

Councillor Kelley asked whether any of the City staff knew of other instances in which questions about this interpretation have come up. Attorney Drisdell and Commissioner Singanayagam said that they did not. Mr. Drisdell said that he is aware of many spaces in the city where there is much less room for maneuvering than at this site.

Councillor Kelley asked about bicycle amenities. Ms. Clippinger said that in a project approved as-of-right, there is a requirement for bicycle space and that requirement is met in this project because there is space for a car and a bicycle in the garages. There are also closets off the garage under the stairs going to the first floor. Attorney Drisdell said that the dimension required for each bicycle by the Zoning Ordinance is two feet by six feet in a free-standing bicycle shed. Ms. Clippinger said that there are required dimensions for a parking space and for a bicycle in a bicycle shed that can be added up but she was not sure that there was a specific formula.

Councillor Kelley said that as he understands the history of the project, issues would arise and changes would be made to deal with those issues, for example the foundation. Commissioner Singanayagam said that the developer was required to remove part of the foundation not all of it to meet the open space requirement. He was not required to remove the part that was below grade because that part was not relevant to calculation of open space. Commissioner Singanayagam requested that the developer also remove the back and side, but he was not required by law to do so.

Councillor Kelley asked why the developer was allowed to build a building bigger than the plans specified. Mr. Drisdell said that the building design showed a two foot overhang at the roof. Instead the building was built with the wall going straight down from where the part that was supposed to be the overhang to the ground. Because the extra FAR added in this fashion did not trigger zoning relief and because the turning width from the garage could still be achieved, the Commissioner deemed it appropriate to allow an amendment of the plan rather than removing this extra part of the building. Councillor Kelley noted that there was testimony at this hearing that professional software shows that the turning ratio does not work. He asked whether the City ever makes a developer take down a building that was built bigger than the plan specified.

Councillor Kelley noted resident concerns about pedestrian safety in light of the narrowness of the internal driveway. He asked Ms. Clippinger and Mr. Drisdell whether there was any requirement for a wider drive, when the drive was also the pedestrian walkway. Mr. Drisdell replied that to his knowledge, there was no such requirement, and Ms. Clippinger agreed.

Mr. Drisdell said that DPW would contact whoever opened the cut and ask them to fix it, though he stated he was not clear about how that would happen.

Councillor Kelley said that right now the site is largely unpaved. Commissioner Singanayagam said that he issued the stop work order because the work at 286 River Street was not being done in accordance with the approved plans. However, he has told the developer that the driveway has to be temporarily paved before he will issue any certificate of occupancy for 288-1 River Street. Councillor Kelley questioned the difference between temporary and permanent certificates of occupancy. Commissioner Singanayagam explained that all of the certificates of occupancy are temporary. Permanent certificates will not be issued until the landscaping and paving is completed.

Councillor Kelley asked what would happen if the developer became bankrupt. Mr. Drisdell said that in the end, the financing institution will require that the conditions be met. There are issues of the private legal rights between the buyers and developers. Councillor Kelley said that the City loses its leverage when it issues conditional certificates of occupancy and the developer sells the property. Mr. Drisdell said that the issuance of conditional certificates of occupancy occurs very often and is a common practice in the industry.

Councillor Kelley announced that this matter will remain in committee. He thanked all those present for their participation.

The meeting was adjourned at 7:30 P.M.

For the Committee
Councillor Craig Kelley, Chair

Committee Report #6
The Ordinance Committee held a public meeting on Thurs, July 17, 2008 beginning at four o’clock and forty minutes P. M. in the Sullivan Chamber. The meeting was held for the purpose of continuing discussion of the Kaya-Ka proposed zoning amendment to the North Massachusetts Avenue Overlay District in Porter Square.

Present at the meeting were Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Henrietta Davis; Councillor Craig Kelley; Councillor Sam Seidel; Councillor Timothy J. Toomey, Jr.; and City Clerk D. Margaret Drury. Also present were City Solicitor Donald Drisdell; Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD); and Stuart Dash, Director of Community and Neighborhood Planning, CDD.

Councillor Maher convened the meeting and explained the purpose. He said that it was his hope that this meeting would not be a rehash of the previous public hearing, but rather an update and opportunity for additional information. The committee is particularly interested in hearing an update of what has happened since the public hearing, in hearing from the people who did not speak at the public hearing and in hearing new thoughts and ideas from people who did speak at the public hearing.

Councillor Maher invited Mr. McKee, representing the petitioner, to provide an update on the petitioner’s actions since the public hearing. Mr. McKee said that meetings with neighbors are continuing to happen. He also had a meeting with the Agassiz Neighborhood group and he is meeting with the Porter Square Neighborhood Association this evening. Mr. McKee said that at the last meeting many concerns were expressed regarding unintended consequences of this zoning change to other properties. He is addressing the concerns at the community meetings. Mr. McKee then described a potential amendment to minimize the consequences by limiting the applicability to only Business C split lots on the area, and excluding Business A-2 split lots. The other big issue of concern was traffic and parking. One problem has been getting information out to the neighborhood. They did hire a traffic consultant to analyze the traffic impact. Their consultant found that the traffic impact would amount to adding 12 trips during the peak morning traffic in the area. These reports were submitted to the Traffic, Parking and Transportation Department and that department concluded that the impact of that traffic increase would be insignificant.

Councillor Maher asked about the parking requirement for the housing units that the zoning would allow at this site. Mr. McKee said that he looked at a maxed out residential building, which would mean 24 units of housing, thus 24 parking spaces and 24 visitor permits to allow on street parking in the neighborhood. For a hotel located on the Red Line, they estimate that about 25 percent of guests would drive. Those guests of the hotel would not have residential permits or visitor parking permits and thus the hotel would have less impact on neighborhood parking. With regard to the concern about the height raised at the first meeting, since the public hearing he has been pointing out that they plan a five story hotel and it is about the same height as a four story commercial building and the three story Masonic Temple next door.

Councillor Maher asked the City Solicitor, Attorney Drisdell, to briefly outline his legal opinion on the City Council’s question as to whether the petition would be spot zoning (Attachment A). Attorney Drisdell said that after analyzing the cases on point, he has concluded that the petition would not on its face constitute illegal spot zoning. Several other properties are affected by the petition. The fact that a land owner does receive some private benefit is not determinative. The question is whether the amendment produces public benefit and whether there is a sufficient planning basis for the amendment.

Councillor Maher said that most of zoning amendment petitions the City Council has seen have been just about height and density. Here there is a proposal for a specific building. He asked what protects the City that what they have seen is what they will build? Would it be possible that the City Council adopts the amendment, the petitioner sells the property and someone new builds a really ugly inappropriate building there?

Attorney Drisdell said it is important to focus on this petition as making changes that would benefit the location. A good way to look at the planning issue is that a property owner with a proposal for a well-designed hotel is seeking the necessary zoning change to build the hotel. Is this a good and beneficial use for this site? Is it a good use for a similar site in the area? This proposal would affect other lots. It would be rezoning the district in general so that a project like this could go forward. He noted under the proposed amendment a split lot project could not automatically receive the parking and buffering treatment set out in the amendment. The developer would be required to apply for a special permit to waive the stricter base zoning requirements.

Councillor Maher asked about the possibility of side letter to specify this is the project that should go there. Attorney Drisdell said that to the extent that the City Council wants control over the building envelope, the City Council should specify the proposed uses, the preference for open space, and significant design review as factors for the Planning Board review process, necessary findings that will ensure the kind of building that is desired.

Councillor Maher then invited Mr. Barber to provide a brief summary on the recent Planning Board meeting. Councillor Davis requested that Mr. Barber address the issue of unintended consequences.

Mr. Barber stated that the Planning Board held its public hearing three or four weeks ago and deliberated at its last meeting. The Planning Board was positive about the zoning change and will be recommending an amendment to the City Council. They will recommend a change to make all of the special permit waivers available only for hotel use. Mr. Barber noted that such a project would also be subject to Project Review under the ordinance. Project review will require a traffic analysis. In response to a question from Councillor Maher, Mr. Barber said that he does not remember a previous traffic study comparing the parking demand generated by residential use and by hotel use.

Councillor Maher asked about unintended consequences. Mr. Barber said that the likelihood of unintended consequences is always hard to judge. The provisions are fairly tight and probably would not be of interest except to someone who wants to build a hotel.

Councillor Maher invited public comment.

Eric Reyburn, 204 Garden Street, said he is a strong supporter of this amendment. This is a true community process. These petitioners have really done the work of listening to the community and responding to community concerns.

Jim McGrail, 20 Orchard Street, submitted a petition and stated that over 100 neighbors have signed (Attachment B). This is spot zoning. This will produce more density. Hotels are already allowed in the zoning. This is all about Kaya Ka. If there is going to be a change it should be for the whole City.

Paul Fiore, 534 Cambridge Street, said that he lived in Cambridge and is a practicing architect. He spoke in support of the changes. The area under consideration is a very fragmented area. This kind of project could repair the fabric. He said that a developer could build something much worse as-of-right, as we have seen in this neighborhood.

Nancy Warech, 5 Walden Street, said that this part of Cambridge is a small scale part of Cambridge, more residential. With progress we are taking that away. She agrees that if there are going to be changes, there should be assurances of good design.

Robert Dahl, 7 Porter Park, stated that he and his wife are direct abutters and they support the proposal. At the beginning they had concerns but they appreciated the accommodations that the owner and architect made to meet neighborhood concerns and their invitation to neighbors to provide input. Mr. Kim is a good neighbor.

Pat Herrington, 1 and 3 Porter Park, spoke in very strong support of the project. She believes it will enhance the value of her property. She would rather see that small gem of hotel than the former Averoff Restaurant or some residential project.

Jean Keldyz, Allen Street, said that she has been a resident for 50 years. She opposes the project. The hotel should be in Paris, France. She is tired of construction, noise and dust.

Peter Cohen, 11 Donnell Street, spoke in support of the amendment. The proposed hotel is a very good design, and it will not be attractive to a national chain because of its size. The proposed special permit regime is an excellent way to ensure that the design and uses are the kind that the City Council is contemplating in making the amendment. Mr. McKee is a very good designer and listens carefully to all of the neighborhood and city desires. For those of us who remember the Averoff, this would be a very big improvement.

Councillor Davis noted that this is not a hearing on a particular project. We are not here to pass on a particular project.

Katherine Ray, 5 Porter Park, said that Mr. Kim and Mr. McKee have made monumental efforts to reach out to the neighborhood. She is very surprised to hear that 100 neighbors are opposed. She was told by a neighbor who signed that someone told him the plan was to build the building and immediately sell it to Lesley University.

Mr. McGrail stated that the people who signed this petition are well aware of the project that the petitioners want to build. It has already been to the BZA. They do not want to see the zoning changed.

Councillor Kelley asked about a legal principle that lots in the district need to be treated similarly. Attorney Drisdell said that is the principle of uniformity which provides that lots in a same district need to be treated equally. This is the principle underlying the spot zoning analysis. In his analysis, he does not find that this petition is spot zoning. Twenty nine lots are affected by this petition. The question for the City Council is whether a change in zoning would encourage a project like the one the City Council sees.

Mr. McKee said that with respect to a comment that hotels are already allowed use and the hotel should build under the existing zoning, as-of-right, the allowable FAR on this lot would not support a viable hotel. The FAR they are proposing is below that of any other hotel in the City.

Councillor Kelley asked what could be built absolutely as-of-right. Mr. Barber said that the lot is split; part is Business C and part is Residence B. He understands there is a variance or special permit to allow accessory parking for the restaurant on the Residence B part of the lot. New uses on the part of the site in the business district apparently would not be eligible to use the residential space for accessory parking. The business portion could be built at 1.25 FAR which would allow standard retail uses. The FAR for the residential portion is 2.0. The height allowed is 55 feet in the front portion, and 55 in the back. There are specific setback requirements for each portion. There is a standard requirement to provide parking, which varies with the use. A waiver would be needed to reduce the number of parking spaces required.

Mr. Barber said that an owner could build a reasonably sized residential building on this site under the current zoning, or an owner could replicate a one-story commercial building or perhaps a two-story office building.

Councillor Kelley asked Attorney Drisdell whether this sets a precedent for what other owners, such as Lesley University, might be asking the City Council to do.

Attorney Drisdell said that in every instance the City Council must consider the Planning Board’s recommendations and decide based upon sound planning principles. A decision on one petition does not bind the Council on any other.

Councillor Seidel said that for him there are two basic questions. One is whether we want the use of hotel in Porter Square and the other is whether we are opening the door to unintended consequences if we adopt this amendment. He asked what is the purpose of expanding the overlay district. Mr. McKee said that was chosen because the site is in two different base districts. Changing the Business C District or the Residence B would have major citywide repercussions. Their purpose is to build a viable hotel. In addition the goals of the overlay district are very compatible with what they want to build- a small hotel.

Mr. McKee said that most of the sites impacted are well over the 1.6 FAR already. Councillor Seidel asked if there is only one other parcel that could take advantage of the amendment without tearing down a building that already exceeds the allowable FAR. Mr. McKee responded that there are three parcels.

Councillor Maher made the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant Manager for Community Development to report back to the City Council on the number of other properties that could be affected, including properties that could increase the existing FAR by tearing down or making modifications to the existing building.

The motion passed on a voice vote without objection.

Councillor Maher said that some of the concern about this issue comes from the two botched projects, the Long Funeral Home and the smoked glass building across from Beech Street. Both of those projects were built as-of-right under the applicable zoning. Councillor Maher moved that the petition be forwarded to the City Council without a recommendation. The motion passed on a voice vote without objection.

Vice Mayor Murphy and Councillor Maher thanked all those present for their participation. The meeting was adjourned at six o’clock and ten minutes PM.

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

Committee Report #7
The Health and Environment Committee held a public meeting on Tues, June 3, 2008 at twelve o’clock and thirteen minutes p. m. in the Milne Ballroom, Senior Center, 806 Massachusetts Avenue.

The purpose of the meeting was to discuss with the Health Department the issues of trans fat, senior falls and the goals of the committee.

Present at the meeting were Councillor Henrietta Davis, Chair of the Committee; Councillor Sam Seidel; Claude-Alix Jacob, Chief Public Health Officer; Michael Buckley, Special Assistant to the CEO of the Cambridge Health Alliance; Melvin H. Chalfen, Joint Hospital Board Member; Deborah Klein Walker, Board of Trustee; Josefine Wendell, Nutrition Coordinator, School Health Program and Trans Fat Task Force Member; Dawn Olcott, Nutritionist, School Health Program and Trans Fat Task Force Member; Marsha Lazar, Director of Community Health; Lynn Schoeff, Senior Director of Emergency Preparedness; Louise Rice, Senior Director of Public Health Nursing; Marisol Arroyo, Administrative Staff, Public Health Department; Dr. Ann Fabine, Chief of Geriatric Care, CHA; Ellen Semonoff, Assistant City Manager for Human Services (DHSP); Eileen Ginnetty, Executive Director of Council on Aging, DHSP; Susan Pacheco, Director of Client Services, Council on Aging, DHSP; Emma Watkins, Director, Citywide Senior Center, DHSP; Penny Peters, chambermaid to Councillor Davis; and Deputy City Clerk, Donna P. Lopez.

Also present were Sue Skoler, 411 Franklin Street; Pauline Paris, 55 Essex Street; Jerre Quayle, 8 Fairmont Street; Dolores Zappala, 23 Florence Street; Ruby Woodbine, 63 Holworthy Street; Elena Lindor, 10 Magazine Street; Donna Johnson, 17 Meacham Road; Joan Morris, 2050 Mass. Avenue; Erna Benjamin, 82 Kinnaird Street; Sergio Bru, 55 Essex Street; L. Rodigis, 15 Erie Street; Jim Shannon, 820 Mass. Avenue; Leroy Cragwell, 13 Hubbard Avenue; Nellie Edey, 237 Franklin Street; Ethel Ampey, 50 York Street; Sylvia Bridgeman, 152 Brookline Street; Harry Chung, 863 Mass. Avenue; Peggy Lowell, 37 Spencer Avenue, Somerville; Norma Krause; and Kristina Snyder.

Councillor Davis opened the meeting and explained the purpose. The agenda for the meeting covered senior falls, elimination of trans fats from food service establishments, an overview of the Public Health Department and the goals of the committee. Councillor Davis introduced the Chief Public Health Officer Claude-Alix Jacob who introduced Louise Rice who discussed senior falls.

Ms. Rice distributed literature on senior falls (ATTACHMENT A). She outlined the risks of senior falls and prevention strategies. She asked those present how many have fallen in the last year and are now afraid of falling. When seniors are afraid they do not go outside and this in fact causes more falls in the home. When seniors do not go outside they are less likely to be physically fit and more prone to falls. Falls are the leading cause of injury among older adults. Annually 35-40% of healthy adults fall. Cambridge has a higher rate of deaths from falls for elders over the age of 80 compared with the state average. Age is the single biggest risk from dying from falls. Ms. Rice stated that hip fractures lead to other health complications and recovery from hip fractures is not 100%. She discussed the location of falls. The most frequent cause of falls in the home is stairs, slipping, tripping, stumbling and furniture related.

Ms. Rice stated that brick sidewalks appear to be dangerous to seniors. However, most falls occur in homes and indoors due to clutter. The State Department of Public Health will analyze the fall statistics for 2005 and 2006 vigorously.

Risk was the next topic. Adults over the age of 80 are at a higher risk for falls. Mental and cognitive changes, medications, alcohol and decreased mobility and sensory deficiencies increase the risk for falls. She explained the gender difference.

Older men have a 49% higher risk of dying from a fall than women. Of the non-fatal falls 67% are women. Bone density is an issue. Women are four times more likely than men to suffer from osteoporosis.

There are five important ways to prevent falls. They are:
Exercise – it improves balance and bone density;
Assessment of balance by healthcare provider;
Annual medical review of prescriptions and over the counter medication;
Annual vision check up; and
Assessment and modification of home environment.

The Cambridge Health Alliance is undertaking a fall prevention initiative. There will be a public service announcement on cable TV. The issue will be discussed with seniors, collaboration will occur with the Council on Aging with an article appearing in the COA Newsletter. A self-assessment tool will be provided.

At this time a period of questions and answers was held.

Ms. Ginnetty asked if there was any data on falls for the elderly living alone versus those living with other people.

Ms. Rice stated that there is no data on this. However when a person is living alone there is no one to call when a fall occurs.

Sue Skolar spoke of the danger of brick sidewalks to seniors. Brick sidewalks do not stay level. They are dangerous for women who wear high heels. Canes also get stuck in between the bricks. Councillor Seidel commented that brick sidewalks should be reviewed for safety and mobility issues.

Ethel Ampey told of an incident on Thorndike Street where there are different heights of the curbs on both sides of the street. Councillor Davis commented that she fell on a concrete sidewalk opposite a tree well. All sidewalks and curb heights should be examined she stated.

At the end of this topic Councillor Davis stated that these issues will be reviewed more and a recommendation will be made on the prevention strategies.

The committee next discussed the issue of the elimination of trans fats from food service establishments. Mr. Jacobs outlined the process to date and distributed literature (ATTACHMENT B). He introduced Josefine Wendell, Trans Fat Task Force Committee Member who discussed the issue.

Ms. Wendell stated that last week two public hearing were held on the elimination of trans fats. She gave a brief presentation on the elimination of trans fat from restaurant establishments. She explained that trans fat is made by adding hydrogen to unsaturated fatty acids. Trans fat extends shelf life of food products. It is being banned because it raised bad cholesterol and lowers good cholesterol. Trans fat contains no nutritional value. Restaurants are phasing out trans fats. Trans fat is found in foods such as french fries and donuts. It is hard for consumers to know what foods have and what foods do not have trans fat. The State Senate is also discussing the elimination of trans fat. Cambridge restaurant and the business associations participated in the Trans Fat Task Force. Forty-seven percent of Cambridge restaurants are already trans fat free.

Ms. Wendell described the work of the Trans Fat Task Force. In the fall of 2007 City Manager Robert W. Healy appointed the Trans Fat Task Force. The Trans Fat Task Force provided information on trans fat and its elimination to restaurants. The Task Force met four times in the fall. The conclusion of the Task Force was to support the ban of trans fat as long as there was enough time for the restaurants to comply. She outlined the timeline.

• The Health Department will promulgate a regulation on July 1, 2008.
• Food served at city sponsored functions will be trans fat free by Jan 1, 2009
• Restaurants have one year to comply by July 1, 2009 (Phase I).
• Phase II discontinues trans fat except for foods sold in manufacturers’ sealed packages by Oct 1, 2009. All foods and beverages onsite and offsite are affected. All food served in schools, including vending machines in public and private schools is included. All food establishments inspected by the Inspectional Services Department are included. She proceeded with the implementation plan.
• An educational and awareness campaign will be established on how to become trans fat free. Technical support will be available for food service establishments. The city will offer trans fat free catering opportunities Jan 1, 2009. Enforcement and evaluation will be done by Inspectional Services Department. She further explained label information on trans fat.
• "Partially hydrogenated" on food labels means that there is some trans fat in the food. To avoid trans fat look for labels that do not contain any partially hydrogenated oils.

Councillor Davis opened the topic to public comment.

Ms. Watkins asked if restaurants will let the consumer know what oil is being used. Ms. Wendell stated that restaurants are not required to give this information to consumers. She suggested that consumers need to ask.

Sue Skolar asked if there is a listing of trans fat free restaurants. Ms. Wendell reiterated that all restaurants need to comply with the ban by 2009. Restaurants will list information on their menus.

Deborah K. Walker requested asking all vendors to exclude buying food without trans fat. Mr. Jacob stated that by Jan 1, 2009 all city events are trans fat free. By the fall of 2008 schools will be trans fat free. This affects vendor selection.

Councillor Davis asked how the city ban relates to the state ban. Ms. Wendell stated that she did not know the answer to this question. The state ban did not look like it was going to pass so the timetable is an issue.

Councillor Seidel commented that producers and manufacturers have been resistant to the proposal. Mr. Jacob stated that small vendors were more concerned with their business than larger vendors. Councillor Davis stated that the next topic would be a presentation on the Public Health Department by Mr. Jacob.

Mr. Jacob distributed literature about the Public Health Department (ATTACHMENT C). He outlined the functions and the mission of the Public Health Department. He explained the National Public Health Goals for healthy people by 2010 including the ten leading health indicators. The Health Department has three core functions: Assessment, assurance and policy development and their relationship to the ten essential services provided. He explained the governance structure and the five divisions of the Health Department. The Public Health Department divisions are community health, emergency preparedness, environmental health, epidemiology and data services and public health nursing including school health.

Councillor Davis stated that it is remarkable how much work the Health Department does for the city.

Councillor Seidel asked Mr. Jacob to identify areas for the future. Mr. Jacob responded that the focus will be on operational efficiencies creating a balanced program, science and data, identifying the underserved, health care for men of color and to review the data of five cities in the Cambridge Health Alliance on areas of disease. Councillor Seidel asked if traffic safety and gun violence are public health issues. Mr. Jacob stated that the data on gun violence is being reviewed. Community recovery after an episode is the role of the Public Health Department.

Councillor Davis commented on transportation planning and walking safely in the city. This committee will follow up on senior falls. How well is Cambridge prepared for climate issues and extreme weather events? What is the role of public health on climate change? Mr. Jacob stated that the role of public health is to get information out to the public and to work with city departments and schools. Air quality is being researched. Councillor Davis spoke of preparedness – looking at climate and weather events through the lens of preparedness. Mr. Jacob stated that the Health Department has drills and that preparedness kits were distributed.

Councillor Davis opened the meeting to public comment.

Deborah K. Walker thanked the City Council and the administration for their support for public health, but more resources are needed. The number one cost of health care cost is from falls. Councillor Davis stated that she wanted to see Cambridge below the state stats.

Councillor Seidel asked if public health is passive or interactive with outreach on issues such as summer crime and city run programs. Mr. Jacob stated that prevention and information is active.

Leroy Cragwell spoke about fall and minimizing injury. If you roll as you fall you will save your bones.

Councillor Davis thanked those present for their attendance.

The meeting adjourned at one o’clock and fifty-five minutes p. m.

For the Committee,
Councillor Henrietta Davis, Chair

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

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

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

08-51. Report from the City Manager:  See Mgr #26
RE: report on policy of managing ad hoc public memorial sites.
Councillor Kelley and Full Membership 03/31/08 (O-2)

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

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

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

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

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

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

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

08-85. Report from the City Manager:  See Mgr #3
RE: report on policy for obtaining a replacement resident parking sticker when a resident changes cars mid-year.
Councillor Toomey and Full Membership 06/09/08 (O-1)

08-86. Report from the City Manager:  See Mgr #15
RE: report on whether Cambridge should join the Carbon Disclosure Project.
Councillor Davis and Full Membership 06/09/08 (O-4)

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

08-89. Report from the City Manager:
RE: report on any updates to the NorthPoint development.
Councillor Toomey, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Mayor Simmons 06/23/08 (O-4)

08-90. Report from the City Manager:
RE: report on how actions by the MBTA to move the station will allow the City to open up further negotiation with the future owner of NorthPoint and what plans the MBTA has for the current station location if a land swap is to be avoided.
Councillor Toomey, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Mayor Simmons 06/23/08 (O-5)

08-91. Report from the City Manager:
RE: report on plans to relocate the Public Works Department.
Councillor Toomey, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Mayor Simmons 06/23/08 (O-6)

08-92. Report from the City Manager:  See Mgr #4
RE: report on parking in front of the new Lafayette Square.
Councillor Toomey, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Mayor Simmons 06/23/08 (O-7)

08-93. Report from the City Manager:  See Mgr #8
RE: report on the plans for the new skate park at Danehy Park and the status of the skate park to be built in East Cambridge.
Councillor Kelley, Councillor Decker, Councillor Maher, Vice Mayor Murphy, Councillor Seidel, Mayor Simmons & Councillor Toomey 06/23/08 (O-10)

08-94. Report from the City Manager:
RE: report on all athletic organizations that receive funding or in-kind support to include participation rates broken down by age, gender, socio-economic status and any other relevant categories of information collected.
Councillor Kelley, Councillor Seidel, Councillor Decker, Councillor Maher & Mayor Simmons 06/23/08 (O-12)

08-95. Report from the City Manager:
RE: report on statistics of all formal enforcement actions involving excessive noise from January 2007 to June 2008.
Councillor Kelley, Councillor Maher, Councillor Seidel & Mayor Simmons 06/23/08 (O-13)

08-96. Report from the City Manager:  See Mgr #9
RE: report on designating shared off-leash dog hours at certain locations throughout the City.
Councillor Toomey, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Mayor Simmons 06/23/08 (O-14)

08-97. Report from the City Manager:
RE: report on any and all assessing options that might be available to assist homeowners who find their property in the new flood plain.
Councillor Maher, Mayor Simmons & Vice Mayor Murphy 06/23/08 (O-21)