Cambridge City Council meeting - July 29, 2013 - AGENDA

RECONSIDERATION
1. A communication was received from Susan Carter, 41 Holden Street transmitting two petitions requesting that the curb cut for 93 Kirkland Street be denied.

CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the following persons to operating scales at Boston Sand & Gravel Co., 500 Front Street for the remainder of the 2013 calendar year:  George Stewart, Mike Denahy

2. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the following persons as members of the Cambridge Commission for Persons with Disabilities for a three year term, effective June 20, 2013:  Holly M. Aldrich, Avner Fink

Holly M. Aldrich:
Ms. Aldrich has a Bachelor of Arts in Sociology and Women's Studies and a Master's in Rehabilitation Counseling Psychology. She is currently employed as the Disability Access Specialist, Access Services for Students with Disabilities at Lesley University. Ms. Aldrich's personal, professional, and civic commitment to disability issues is reflected in her background and career experience and makes her a valuable addition to this Commission.

Avner Fink:
Mr. Fink is a graduate of the University of Connecticut School of Law and is currently employed as a Client Services Advocate for the Massachusetts Office on Disability. He is well versed in the Americans with Disabilities Act and has a strong understanding of Massachusetts laws regarding reasonable accommodations. Additionally, Mr. Fink has completed training of the Community Access Monitor program in Cambridge. As a member of the disabled population himself, Mr. Fink is eager to help bring fairness and equality to all citizens with disabilities in the city of Cambridge.

3. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Edward Byrne Memorial Justice Assistance Grant in the amount of $39,375 to the Grant Fund Police Salary and Wages account and will be used for improving the Department's Safety Net Collaborative by supporting a Safety Net Temporary Program Assistant who would establish and implement a case management model and strategy for outreach efforts.

4. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of a supplemental FY14 allocation from the Office of the Attorney General, Local Consumer Aid Fund for $7,000 to the Grant Fund License Commission (Consumer's Council) Salaries and Wages account ($5,000), to the Other Ordinary Maintenance account ($1250) and to the Travel and Training account ($750) and will be used to cover Cambridge Consumer Council staff costs.

5. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Adult Basic Education (ABE) grant received from the Massachusetts Department of Elementary and Secondary Education (DESE) in the amount of $651,781.00 to the Grant Fund Human Service Programs Salary and Wages account ($624,922.00), to the Other Ordinary Maintenance account ($25,859.00) and to the Travel and Training account ($1,000.00) to be used for ESOL, literacy, and high school equivalency preparation classes (teaching, advising, and assessment).

6. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Temporary Emergency Shelter grant received from the Department of Housing and Community Development (DHCD) in the amount of $238,992.13 to the Grant Fund Human Service Programs Other Ordinary Maintenance account which will be used to subcontracted to the Cambridge YWCA.

7. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Friends of the Community Learning Center (CLC) grant in the amount of $20,340.00 to the Grant Fund Human Service Programs Salary and Wages account ($17,692.00) and to the Other Ordinary Maintenance account ($2,648.00) which will support the Bridge to College Program.

8. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Gardening Grant for the Council on Aging in the amount of $500.00 received from the Cambridge Public Health Commission to the Grant Fund Human Services Other Ordinary Maintenance account which will provide support for herbal plants, gardening supplies and subsequent informational sessions on the nutritional value of herbs.

9. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Mabel Louise Riley (MLR) grant for the Baby University program in the amount of $56,200.00 received from the Trustees of the Mabel Louise Riley Foundation to the Grant Fund Human Service Programs Salaries and Wages account ($53,567.00) and to the Other Ordinary Maintenance account ($2,633.00) which will be used to support our Baby University Fathers' Initiative.

10. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Massachusetts Housing and Shelter Alliance grant funded by the Department of Housing and Community Development (DHCD) in the amount of $88,979.00 to the Grant Fund Human Service Programs Salary and Wages account ($87,012.00) and to the Other Ordinary Maintenance account ($1,967) which will be used for costs related to the Carey Men's Transitional Program operated by the Multi-Service Center.

11. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Metro North Regional Employment Board (MNREB) grant received from the Massachusetts Department of Elementary and Secondary Education (DESE), Adult and Community Learning Services through MNREB in the amount of $144,000.00 to the Grant Fund Human Service Programs Salary and Wages account ($137,088.00) and to the Other Ordinary Maintenance account ($6,912.00) which will fund a portion of our core English for Speakers of Other Languages (ESOL) and Adult Basic Education services, an integrated ESOL/Math course for immigrants who are interested in training to be nurse assistants or home health aides and will supports partial salary costs for direct service staff, educational supplies, and other operating costs.

12. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Universal Pre-Kindergarten (UPK) grant for the Morse Preschool and the Peabody Preschool in the amount of $30,090.00 received from the Massachusetts Department of Early Education and Care to the Grant Fund Human Service Programs Salaries and Wages account ($4,050.00) and to the Other Ordinary Maintenance account ($26,040.00) which will be used to improve the quality of education for preschool children through professional development, curriculum enrichment, and parent involvement.

13. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Workplace Education grant from the Commonwealth Corporation through the Massachusetts Department of Elementary and Secondary Education, in the amount of $125,250.00 to the grant fund Human Service Programs Salary and Wages account ($118,236.65), to the Other Ordinary Maintenance account ($6,563.35) and to the Travel and Training account ($450.00) which will support a two year workplace education partnership with the Cambridge Health Alliance and Spaulding Hospital.

14. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of $375,000 to the Public Investment Fund Community Development Extraordinary Expenditures account which will be used to conduct a feasibility study for a bicycle and pedestrian bridge linking the Alewife Triangle and the Alewife Quadrangle.

July 29, 2013
To the Honorable, the City Council:

I am hereby requesting the appropriation of $375,000 to the Public Investment Fund Community Development Extraordinary Expenditures account.

This appropriation will be used to conduct a feasibility study for a bicycle and pedestrian bridge linking the Alewife Triangle and the Alewife Quadrangle. Also, a portion of the funds will be used for a preliminary concept. A transportation connection between these two areas has been contemplated for many years as a way to facilitate trips between the two areas and reduce vehicle trips through the congested Alewife area. The 2005 Concord-Alewife Plan more specifically included the recommendation of building a pedestrian/bicycle, grade-separated bridge over the commuter rail tracks connecting the Triangle and Quadrangle to facilitate non-auto trips between the two areas and enhance the connection to the Alewife MBTA station.

Funds for the feasibility study have been provided through special permit requirements for developments on both Cambridgepark Drive and Fawcett St.

Very truly yours, Richard C. Rossi, City Manager

15. Transmitting communication from Richard C. Rossi, City Manager, relative to the supplemental appropriation of Community Development Block Grant (CDBG) Funds of $243,050 to the Public Investment Fund Community Development Extraordinary Expenditures account ($206,593) and Community Development Salary and Wages account ($36,457) which will a) make funds available to continue the development and rehabilitation of affordable housing and b) continue public service opportunities in the City of Cambridge.

16. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Emergency Solutions Grant (ESG) from the Massachusetts Department of Housing and Community Development (DHCD) in the amount of $112,800.00 to the Grant Fund Human Services Salary and Wages account ($4,776.00) and to the Grant Fund Human Services Other Ordinary Maintenance account ($108,024.00), which are will be used for homeless prevention services through the multi-service center, tenancy preservation case work from the Cambridge District Court and contract legal assistance for clients in the program.

17. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Cambridge Prevention Coalition's Massachusetts Opioid Abuse Prevention Collaboration (MOAPC) grant in the amount of $55,621.00 to the Grant Fund Human Service Programs Salary and Wages account, which will be used to support the Cambridge Prevention Coalition's efforts to prevent opioid use and misuse and fatal and non-fatal opioid overdoses.

18. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Emergency Solutions Grant (ESG) from the Office of the U.S. Department of Housing and Urban Development (HUD) in the amount of $201,118.00 to the Grant Fund Human Services Salary and Wages account ($15,084.00) and to the Grant Fund Human Services Other Ordinary Maintenance account ($186,034.00), which will be used for the operating costs of shelter facilities and other essential services.

19. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the ARRA Race to the Top (RTT) Funds from the U.S. Department of Education through the Massachusetts Department of Elementary and Secondary Education (DESE) in the amount of $206,290 to the School Grant Fund Salary & Wages account ($101,208), to School Grant Fund Other Ordinary Maintenance account ($60,871) and School Grant Fund Travel Training account ($44,211) which these ARRA funds are in the fourth year of a 4-year grant that supports the continuation of the alignment of district's ELA, math, science and social studies curriculum to the revised MA Curriculum Frameworks.

20. Transmitting communication from Richard C. Rossi, City Manager, relative to the Planning Board recommendation on the Phillips et al, Zoning Petition, which proposes new requirements for Special District 2 (SD-2). SD-2 was created in 2000 to regulate predominantly commercial areas abutting Linear Park, which runs through the center of the district.

"It is the Board’s view that the proposed changes do not serve the City’s planning goal of encouraging the transition of outdated commercial and industrial sites at neighborhood edges into housing. Moreover, the zoning for this district has recently been the subject of significant consideration by the City and the public, culminating in the City Council’s adoption of the Bishop, et al. Zoning Petition in 2012. Development that conforms to the recently adopted zoning was approved by the Planning Board this year. Making such a substantial change to the zoning at this time risks undermining the integrity of that prior public discussion and outcome."

21. Transmitting communication from Richard C. Rossi, City Manager, relative to the Planning Board recommendation on the Teague et al, Zoning Petition, which proposes new zoning standards regarding lighting.

"The Planning Board supports the effort to protect residents from intrusive lighting emitted from adjacent properties. The public, the Board and the Community Development Department have noted instances where offensive outdoor lighting has not been adequately addressed by application of the current zoning regulations. Moreover, the City has an interest in promoting efficient use of lighting for broader environmental reasons."

"In recent years, many other local jurisdictions have revised their lighting regulations (through zoning or other ordinances) to address concerns about light trespass, glare, light pollution or energy conservation. Public testimony on this matter has indicated that there is a strong public health interest in having effective lighting controls. Protection of the night sky from light pollution is also a serious issue of environmental concern. The Board believes that it is an appropriate time to update the lighting regulations for Cambridge."

"However, the Board does not support adoption of the proposed zoning amendment. Along with specific concerns about the impacts of the proposed amendment, which are discussed in the following pages, the Board is concerned that any zoning change would not adequately address the issues raised in public testimony. Because of the legal limitations of zoning, a zoning change would not provide relief to residents who have suffered from intrusive lighting that was legally installed before the change was advertised."

"Therefore, the Board advises that the City Council direct the creation of a comprehensive lighting ordinance that would be incorporated into the Municipal Code separate from zoning. This could provide a process for addressing concerns about existing lighting, and could work in concert with carefully crafted zoning regulations to ensure that new development meets the desired standards as well."

22. Transmitting communication from Richard C. Rossi, City Manager, relative to a request from Harvard University ("Harvard") for an aerial license for a canopy structure to be installed, repaired, replaced and maintained over portions of the public sidewalk in front of the Harvard Square Hotel located at 110 Mount Auburn Street (the "Property"). The canopy structure will be constructed of glass and steel with no signage. There will be LED lighting behind frosted glass sides of the canopy structure.

City Manager Order
Agenda Item No. 22A     July 29, 2013
WHEREAS: Harvard University ("Harvard") is the owner of the Harvard Square Hotel located at 110 Mount Auburn Street, Cambridge, Massachusetts ("Harvard's Property"); and
WHEREAS: Harvard has requested an aerial license for a canopy structure constructed of glass and steel with no signage to be installed, repaired, replaced and maintained over portions of the City-owned sidewalk along Mount Auburn Street at the entrance to Harvard's Property; and
WHEREAS: The dimensions of the canopy structure in front of the Property will be approximately 6'-4" wide by 7'-7 1/2" inches long. The canopy structure will extend out from the building over the public sidewalk by approximately 2'-11." The top of the canopy structure will be approximately 9'-8" above the sidewalk and will extend down to 8'-6" above the sidewalk. The total weight of the canopy structure is estimated at 2,400 pounds; and
WHEREAS: The total requested license area is one hundred eighty-nine cubic feet (189 cu. ft.); and
WHEREAS: The City Council has determined that the granting of the aerial license overhanging portions of the City-owned sidewalk along Mount Auburn Street for the purpose of installing a canopy structure located along Harvard's Property would not derogate from the public interest or the public purposes for the area now in question; now therefore be it
ORDERED: That the City Council, pursuant to Section 12.12.200 of the Cambridge Municipal Code, hereby authorizes the City Manager, to grant, on behalf of the City of Cambridge, one aerial license for the purpose of allowing Harvard to install, repair, replace and maintain a canopy structure on BMR's Property that will overhang portions of the City-owned sidewalk along the abutting section of Mount Auburn Street and to execute and deliver such license in such form and substance as the City Manager determines is necessary or advisable.

23. Transmitting communication from Richard C. Rossi, City Manager, relative to Council Order #10 of Nov 19, 2012, regarding a draft Polystyrene Food Container Ordinance, and input from the Recycling Advisory Committee (RAC).
Referred to Ordinance Committee - vanBeuzekom

24. Transmitting communication from Richard C. Rossi, City Manager, relative to the Cambridge Historical Commission's Final Landmark Designation Report for the church property at 56 Magazine Street.

"Landmark designation is recommended, by vote of the Historical Commission on July 11, 2013, because of the significant associations of the church property with the broad architectural history of the City as an exuberant ecclesiastical example of the Queen Anne style with Gothic details; for the church’s associations with the broad cultural and social history of the city based on its history of inclusiveness, community engagement, and leadership through its pastors and church officers; for its association with a nationally significant figure, the Rev. Martin Luther King, Jr. who visited the church and its clergy in 1960; and because of the architectural significance of the church property in terms of its relationship to a famous architect, Frank Eugene Kidder, who practiced in Cambridge in the 1880s before relocating to Colorado and who was an elected Fellow of the American Institute of Architects."

City Manager Order
Agenda Item No. 24A     July 29, 2013
ORDERED: That 56 Magazine Street, Cambridge, Mass. 02139 be designated as a protected landmark pursuant to Chapter 2.78, Article III, Section 2.78.180 of the Code of the City of Cambridge, as recommended by vote of the Cambridge Historical Commission on July 11, 2013. The premises so designated are defined as lot 30 on assessor's map 103 and recorded in Book 1611, Page 121 and Book 1781, Page 350 of the South Middlesex Registry of Deeds, Cambridge, Mass.

This designation is justified by the significant associations of the church property with the broad architectural history of the City as an exuberant ecclesiastical example of the Queen Anne style with Gothic details; for the church's associations with the broad cultural and social history of the city based on its history of inclusiveness, community engagement, and leadership through its pastors and church officers; and for its association with a nationally significant figure, the Rev. Martin Luther King, Jr. who visited the church and its clergy in 1960.

This designation is further justified by the significance of the church property for its architectural significance in terms of its relationship to a famous architect, Frank Eugene Kidder, who practiced in Cambridge in the 1880s before relocating to Colorado and who was an elected Fellow of the American Institute of Architects.

The effect of this designation shall be that no construction activity can take place within the designated area, and no action can be taken affecting the appearance of 56 Magazine Street, that would in either case be visible from a public way, without prior review and approval by the Cambridge Historical Commission and the issuance of a Certificate of Appropriateness, Hardship or Non-Applicability, as the case may be. In making determinations, the Commission shall be guided by the terms of the Final Landmark Designation Report, dated July 16, 2013, and by Section VII, Standards and Criteria, of the landmark designation report, and by the applicable sections of Article 2.78.

25. Transmitting communication from Richard C. Rossi, City Manager, relative to a response from City Solicitor Nancy E. Glowa to Council Orders Number 10, 11 and 12 of June 3, 2013 regarding a legal opinion on the following issues: 1) the expiration date on the Phillips Petition and whether if the petition is re-filed would the extension take the special permit decision of the Planning Board out of jeopardy; 2) how many times a petition can be filed on the same zoning petition (serial filings); and 3) whether it is legal to close Cottage Park Avenue and open Brookford Street.

26. Transmitting communication from Richard C. Rossi, City Manager, relative to a response from City Solicitor Nancy E. Glowa to Council to Order O-4 of 4/29/13, regarding a report on clarifying the expiration date for Zoning Petitions filed in the City.
Referred to Ordinance Committee - vanBeuzekom

27. Transmitting communication from Richard C. Rossi, City Manager, relative to a response from Sam Lipson, Director of Environmental Health, to City Council Order O-9 from 10/4/10, regarding a review of the status of smoking in public parks and the efforts of the Smoking in Parks working group.
Referred to Ordinance Committee

CHARTER RIGHT
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-40, regarding a report on ways in which the Cambridge Works Program might be affiliated with Buildings Pathways; and Awaiting Report Item Number 13-59, regarding a report on how the capacity of the Cambridge Works program can be increased. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Four of June 24, 2013.]
Placed on file

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-63, regarding a report on the progress on the non-zoning recommendations submitted by the Central Square Advisory Committee. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Five of June 24, 2013.]
Referred to Neighborhood & Long-Term Planning Committee - vanBeuzekom

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-71, regarding a report on how the structure of boards and commissions can be adjusted. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Six of June 24, 2013.]
Referred to Ordinance Committee - vanBeuzekom

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-77, regarding making the Foundry Building available for a community gathering on June 22, 2013. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Seven of June 24, 2013.]
Placed on file

5. Transmitting communication from Robert W. Healy, City Manager, relative to the Foundry Building "Reuse Study" prepared by HFMH Architects. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Eight of June 24, 2013.]
Referred to all committees (4) taking up this issue

6. That the City Manager is requested to confer with large property managers and other organizations and agencies to consider what might be done on a voluntary basis to coordinate and systematize a plan to alert people in large professionally-managed residential buildings in the event of a public emergency. [Charter Right exercised by Councillor Kelley on Order Number One of June 24, 2013.]
Order adopted

ON THE TABLE
7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-09, regarding a report on the use of coal and on Cambridge becoming coal-free. [City Manager Agenda Number One of Mar 5, 2012 Placed on Table on motion of Vice Mayor Simmons on Mar 5, 2012.]

8. Urge greater cooperation from the Cambridge Housing Authority to better serve the people of Cambridge. [Order Number Two of Apr 9, 2012 Placed on Table on motion of Vice Mayor Simmons on Apr 9, 2012.]

9. That the City Manager is requested to confer with the Community Development Department and other relevant departments in order to present to the City Council a map of Cambridge that shows, by location and by date, all of the areas where construction is and will be taking place over the coming decade. [Order Number Four of Apr 9, 2012 Placed on Table on motion of Councillor Toomey on Apr 9, 2012.]

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 12-28, regarding temporary ramps and obstructions in construction zones. [City Manager Agenda Number Eight of Apr 23, 2012 Placed on Table on motion of Councillor Kelley on Apr 23, 2012.]

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-35, which requests a report on whether there were any public safety officers that falsified their emergency medical training re-certification while employed by the City of Cambridge. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Two of May 21, 2012. Placed on Table on motion of Councillor Toomey on June 4, 2012.]

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-63 regarding a report on safety issues at the intersection of Massachusetts Avenue and Vassar Street. [City Manager Number Twenty-three of July 30, 2012 Placed on Table on motion of Councillor Kelley on July 30, 2012.]

13. That the City Manager is requested to work together with the appropriate city officials including the City Solicitor and report back to the City Council regarding modification of the ordinance (10.12.030) that links the awarding of a one yearlong Visitor Parking Permit per household to the purchase of a $25 Cambridge Resident Parking Permit. [Charter Right exercised by Councillor Decker on Order Number Eight of Jan 28, 2013. Order Number Eight of Jan 28, 2013 Placed on Table on motion of Councillor vanBeuzekom on Feb 11, 2013.]

14. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation to determine the feasibility of implementing a pay-by-phone parking meter program in Cambridge, and report back to the City Council with recommendations as soon as possible. [Order Number Two of Mar 18, 2013 Placed on Table on motion of Councillor Kelley on Mar 18, 2013.]

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-29, regarding a report on the feasibility of not allowing residents of new buildings to obtain on-street resident parking stickers. [City Manager Agenda Number Two of Apr 1, 2013 Placed on Table on motion of Councillor Kelley on Apr 1, 2013.]

UNFINISHED BUSINESS
16. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public hearing held on May 16, 2013 to discuss a zoning petition from Charles D. Teague, et al, requesting the City Council to amend the Zoning Ordinances to clarify the existing law so that said law can be enforced by inserting text after Section 7.20 Illumination, with the existing test to be retained and labeled as Section 7.23 Lighting Restrictions for Residential Districts. The question comes on passing to be ordained on or after June 17, 2013. Planning Board hearing held May 21, 2013. Petition expires Aug 19, 2013.
Fails 5-4 (6 votes need for ordination) - [Cheung, Decker, Kelley, Simmons, vanBeuzekom - YES; Maher, Reeves, Toomey, Davis - NO]

APPLICATIONS AND PETITIONS
1. An application was received from 650 Main Street Leasehold LLC by Michael K. Owu requesting permission for a new curb cut (on Portland Street) and the discontinuance of an existing curb cut (on Main Street near the intersection of Main and Portland Streets) at the premises numbered 610 Main Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. No response has been received from the neighborhood association.

2. An application was received from Walden Spa & Market requesting permission for a sandwich board sign in front of the premises numbered 272 Walden Street.

3. An application was received from YL Harvard Inc. requesting permission for two tables and four chairs for restaurant seating in front of the premises numbered 57 JFK Street.

4. An application was received from Otto requesting permission for five tables and twenty chairs for restaurant seating in front of the premises numbered 1432 Massachusetts Avenue.

5. A zoning petition has been re-filed by John Walker, et al., requesting the City Council to amend the Zoning Ordinance to the Special District 2 (SD-2) zoning district in North Cambridge.
Referred to Ordinance Committee and Planning Board

COMMUNICATIONS
1. A communication was received from Gary Dmytryk, 2440 Massachusetts Avenue regarding passing the Teague Petition.

2. A communication was received from Charles Teague, 23 Edmunds Street regarding passing the Teague Petition as written.

3. A communication was received from Carolyn Shipley, 15 Laurel Street regarding passing the Teague Petition as written.

4. A communication was received from Martin Bakal regarding passing the Teague Petition as written.

5. A communication was received from Nancy Ryan regarding passing the Teague Petition as written.

6. A communication was received from Dara Glass, Edmunds Street regarding passing the Teague Petition as written.

7. A communication was received from Maryann Thompson, 49 Washington Avenue regarding passing the Teague Petition as written.

8. A communication was received from Marilyn Wellons, 651 Green Street regarding passing the Teague Petition as written.

9. A communication was received from Mike Nakagawa, Madison Avenue regarding approving the Light Control Petition.

10. A communication was received from Dena Feldstein Brody, 661 Green Street regarding passing the Teague Petition as written.

11. A communication was received from Carolyn Shipley regarding the crosswalk at Kinnaird Street.

12. A communication was received from Isabelle Torroella transmitting discontent regarding the curb cut planned for 93 Kirkland Street.

13. A communication was received from Matt Clark, 114A Irving Street transmitting opposition to the curb cut at 93 Kirkland Street.

14. A communication was received from Dennis Palmer Wolf, 8 Francis Avenue regarding demolition and curb cut at 93 Kirkland Street

15. A communication was received from Carolyn Shipley, 15 Laurel Street transmitting support for the Connolly Petition for Net Zero Zoning.

16. A communication was received from Mark K. Thomas, 10A Sacramento Street transmitting support for the bike enforcement order and sideguard order.

17. A communication was received from Mayor Mick Cornett, Oklahoma City, Oklahoma transmitting thanks for the letter and support following tornado events on May 20th and May 31st.

18. A communication was received from Margaret Desjardins Weyerhaeuser, 261 Lakeview Avenue transmitting support on pitched roof vs flat roof.

19. A communication was received from Tod Riedel transmitting sincere thanks for your well wishes and Council Resolution.

20. A communication was received from State Senator William N. Brownsberger transmitting thanks for sending a copy resolution adopted by the City Council on June 17, 2013 pertaining to payments in lieu of taxation of organizations exempt from the property tax.

21. A communication was received from Kit Wallingford regarding public toilets on the Cambridge Common.

22. A communication was received from Reverend Danny Dee Gug regarding free ordination as Interfaith Ministers.

23. A communication was received from Michelle Kneissl, 69 Bolton Street transmitting support for submitted request related to Zoning Ordinance 5.55 - 387 Huron Avenue.

24. A communication was received from Bernice Buresh, 140 Upland Road regarding Upland Road traffic.

25. A communication was received from the Daniel F. Burns Apartments Tenants Association, 30-50 Churchill Avenue petitioning the City Council and the City Manager to make available to the agencies of medical and service providers some version of non-resident parking permits during the day, Monday through Saturday, for those staff who visit the elderly and persons with disabilities in their homes.

26. A communication was received from Dennis and Kelly Coveney, 50 Washburn Avenue regarding public toilets on the Cambridge Common.

27. A communication was received from Becky Sarah, 14 Whittier Street regarding pedestrian safety on Massachusetts Avenue and Upland Road.

28. A communication was received from Ruth Ryals regarding Upland Road traffic.

29. A communication was received from Steven C. Marsh, Managing Director, Real Estate, Massachusetts transmitting a brief update on the Kendall Square Zoning Petition (PUD 5).

30. A communication was received from Eli Yarden, 143 Pleasant Street, transmitting an article from the New York Times relating to racism.

31. A communication was received from Nadeen Mazen relating to the Foundry Building.

32. A communication was received from Bhupesh Patel relating to conditions regarding the license transfer application of the former Rafiki Restaurant to the new restaurant.

RESOLUTIONS
1. Resolution on the death of Carlos J. Almeida.   Councillor Toomey

2. Resolution on the death of Robert "Bobby" Johnson.   Councillor Toomey

3. Resolution on the death of Richard A. LePage.   Councillor Toomey

4. Congratulations to ELEVO for being recognized as a Mass High Tech Company to follow.   Councillor Cheung

5. Retirement of JoAnne Hartel from the Human Services Department.   Mayor Davis

6. Resolution on the death of Mary Patricia (Buckley) Hartgering.   Councillor Maher

7. Congratulations to Renata von Tscharner on receiving the American Society of Landscape Architect's Olmsted Medal.   Councillor Cheung

8. Retirement of Esther Leonellil from the Human Services Department.   Mayor Davis

9. Resolution on the death of Joseph P. "Peppy" Corea.   Councillor Maher

10. Congratulation to Gregory Verdine on being named CEO of Warp Drive Bio.   Councillor Cheung

11. Congratulations to Jessica Sabbey on winning the 2013 Communications Award for Volunteer of the Year from the American Red Cross.   Councillor Cheung

12. Thanks to Mayor Henrietta Davis for her many years of public service as an elected official and best wishes to her future endeavors.   Vice Mayor Simmons

13. Retirement of Vincent Lopes from the School Department.   Mayor Davis

14. Retirement of Pat Amenkowicz from the School Department.   Mayor Davis

15. Retirement of Judith Doyle from the School Department.   Mayor Davis

16. Resolution on the death of Charles "Charlie" Abreu.   Councillor Toomey

17. Resolution on the death of Devora Wegman.   Councillor Toomey

18. Resolution on the death of Wanda (Trotzky) Pieciul.   Councillor Toomey

19. Resolution on the death of John-Patrick Riley.   Councillor Toomey

20. Resolution on the death of John F. Hall.   Councillor Maher

21. Resolution on the death of Manuel F. Rego.   Councillor Toomey

22. Resolution on the death of Barbara A. (Hanley) "Bobbie" Chatten.   Councillor Toomey

23. Congratulating Nanette Veilleux for being awarded a Fulbright Scholar grant.   Councillor Cheung

24. Wishing Violet Michel the best of luck representing the United States at the European World Cup.   Councillor Cheung

25. Congratulating Area Four for winning the title of Best Restaurant of Kendall Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

26. Congratulating Central Bottle Wine + Provisions for being recognized in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

27. Congratulating Harvest for winning the title of Best Dessert and having its bacon buns named as the Best Kept Secret in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

28. Congratulating BonChon for winning the title of Best Korean Restaurant in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

29. Congratulating Clover for winning the title of Best Vegetarian Restaurant in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

30. Congratulating Oleana for winning the title of Best Middle Eastern Restaurant in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

31. Congratulating Brick & Mortar for winning the Best Bar of Central Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

32. Congratulating Craigie on Main for winning the title of Best Burger in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

33. Congratulating Michael Pagliarini of Giulia for being named Rising Star in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

34. Congratulating PARK Restaurant & Bar for winning the title of Best Bar in Harvard Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

35. Congratulating Rialto for winning the title of Best Italian Restaurant and Young Won for winning the title of Best Mixologist in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

36. Congratulating The Sinclair for winning the title of Best Rock Club in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

37. Congratulating Puritan & Company for winning the title of Best Restaurant of Inman Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

38. Congratulating Russell House Tavern for winning the Best of Harvard Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

39. Congratulating Temple Bar for winning the title of Best Restaurant of Porter Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

40. Congratulating Rendezvous for winning the title of Best Restaurant of Central Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

41. Congratulating Sapporo for winning the title of Best Ramem in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

42. Congratulating Toad for winning the Best Bar of Porter Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

43. Congratulating West Bridge for winning the title of Best Bar of Kendall Square in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

44. Congratulating Porter Square Books for being recognized as the Best Bookstore in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

45. Congratulating Forty Winks for being recognized in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

46. Congratulating ZuZu for winning the title of Best Dance Club in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

47. Congratulating Le Couturier House of Alterations for being recognized as the Best Tailor in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

48. Congratulating The Garment District for being recognized as the Best Thrift Store in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

49. Congratulating Cambridge Antique Market for being recognized as the Best Antique Store in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

50. Congratulating Stellabella Toys for being recognized as the Best Toy Store in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

51. Congratulating Cuisine en Locale for winning the title of Best Meal Share in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

52. Congratulating Kundalini Yoga Boston for being recognized as offering the Best Exercise Class: Mind and Body in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

53. Congratulating American Repertory Theater and the cast and crew of Pippin for being recognized as Best Production in the Improper Bostonian's 2013 Best of Boston awards.   Councillor Cheung

54. Resolution on the death of John E. "Jack" Coughlin.   Councillor Maher

55. Resolution on the death of John Robert Prespolis.   Councillor Toomey

56. Congratulating Team HBV at Harvard College, MIT, and Brown University, Quest Diagnostics, and the Hepatitus B Initiative at MAP for Health for a successful community awareness fair and thanking them for their efforts to educate the community.   Councillor Cheung

57. Congratulating Patrick Barrett III and Norma Jean Bopp on the birth of their son, Jedidiah Shelby Barrett.   Councillor Cheung

58. Congratulating Paul Soper for his exceptional performance as Klaus in Moonstruck Theater Company's production of Samuel in the South Shore Conservatory's Evening Under the Stars production of The Pirates of Penzance.   Councillor Cheung

59. Congratulating Christopher Brousseau for his exceptional performance as Cliff Bradshaw in Moonstruck Theater Company's production of Cabaret.   Councillor Cheung

60. Congratulating Joshua Mauro for his exceptional performance as Klaus in Moonstruck Theater Company's production of Cabaret.   Councillor Cheung

61. Congratulating Backupifty for being recognized for its state-of-the-art cloud backup services by the Boston Business Journal and wishing them continued success in all future endeavors.   Councillor Cheung

62. Congratulating Courtney Duffy for her exceptional performance as Helga in Moonstruck Theater Company's production of Cabaret.   Councillor Cheung

63. Congratulating Raghu and Shuba Morchela on the opening of Hit Wicket in Inman Square.   Councillor Cheung

64. Get well wishes to Ruth Ryals.   Councillor Cheung

65. Resolution on the death of Joseph P. Sullivan.   Councillor Maher

66. Resolution on the death of Antonette Caterina (Cardillo).   Councillor Toomey

67. Retirement of John F. Connarton from Traffic, Parking and Transportation Department.   Mayor Davis

68. Resolution on the death of Robert H. Meservey.   Councillor Maher

69. Celebrating Mary Ferguson's 92nd birthday.   Councillor Reeves

70. Resolution on the death of Father Henry J. "Skip" Jennings.   Councillor Toomey

71. Thanks to Boston Frame Works, East Cambridge Savings Bank, Elite Barber Shop, Quingdao Garden, North Cambridge Co-operative Bank and Verna's Pastry for their extraordinary generosity and commitment to the community in supporting Project Bread's Walk for Hunger for five consecutive years from 2009-2013.   Councillor Kelley

72. Recognizing the contributions and achievements of Dr. Karen Hacker.   Mayor Davis

73. Recognizing the contributions of the Cambridge's City Solicitor's Office in their joining in an amicus brief in support of the effort to have the Defense of Marriage Act law struck down in the U.S. v. Windsor case.   Mayor Davis

74. Thanking local artist Clara Wainwright for her extraordinary artistry and thoughtfulness in the creation of the Marathon quilt honoring the victims of the 2013 Boston Marathon attack.   Mayor Davis

75. Congratulating The Duke and Duchess of Cambridge on the exciting occasion of the birth of their first child, His Royal Highness the Prince George of Cambridge.   Mayor Davis

76. Congratulating Second Nature, a Boston-based national nonprofit, on their receiving the Environmental Merit Award at the US Environmental Protection Agency's 2013 New England's awards ceremony and congratulating Second Nature's founding president and current senior fellow, Anthony Cortese, on his receiving the Lifetime Achievement Award at the US Environmental Protection Agency's 2013 New England's awards ceremony.   Mayor Davis

77. Urging residents of the City of Cambridge to attend the Boston Festival of Indie Games on September 14, 2013 at the Massachusetts Institute of Technology.   Councillor Cheung

78. That the City of Cambridge proclaims August 6, 2013 to be Hiroshima Day and August 9, 2013 to be Nagasaki Day to honor the thousands of innocent victims of the nuclear detonations on those days.   Mayor Davis

79. Resolution on the death of Charles J. "CJ" Piona III.   Councillor Reeves

80. Congratulating TT the Bear's Place as their celebrate their 40th anniversary and mark four decades of independent ownership and operation.   Mayor Davis

81. Recognizing the extraordinary dedication and innovation Harry Parker brought to his years as a Harvard and Olympic rowing coach.   Mayor Davis

82. Thanking the Cambridge Delegation, other Massachusetts legislators, and their staff, for their efforts in putting forth legislation that would bar major ethanol storage or blending facilities from nearby densely populated areas and effectively prohibits the transportation of ethanol by rail to certain facilities, for their leadership and prioritization of public safety.   Mayor Davis

83. Resolution on the death of Jennifer Delaney.   Vice Mayor Simmons

84. Welcoming the U.S. Environmental Protection Agency Administrator Gina McCarthy to Cambridge as she addresses Harvard Law School.   Mayor Davis

85. Congratulations to the City of Somerville, Centro Presente, SEIU Local 888 and the Greater Boston Legal Services for their work on creating and ordinance which benefits the workers when businesses are found to be engaging in wage theft.   Councillor Decker

86. Congratulating Cambridge resident and Charles River Conservancy president Renata von Tscharner for receiving the American Society of Landscape Architects' Olmsted Medal for her visionary work and commitment to the Charles River Conservancy.   Mayor Davis [This no longer appears in the City Clerk's web version. It duplicates Res #7.]

86. Welcoming Ramadan and best wishes to the Muslim community on a blessed month.   Mayor Davis [This was originally Res #87.]

87. Retirement of James Early from the Boston Public School System.   Councillor Reeves

88. Resolution on the death of Helen T. (Morley) McDonough.   Councillor Toomey

89. Resolution on the death of Bertram "Bert" A. Gay.   Councillor Toomey

90. Resolution on the death of Richard "Shaper" L. Collins Sr.   Councillor Toomey

91. Resolution on the death of Lorraine (Poirier) Egan.   Councillor Maher

92. Congratulating Ann Bookman on her appointment as Director of the Center for Women in Politics and Public Policy of the McCormack Graduate School of Policy and Global Studies at the University of Massachusetts Boston.   Mayor Davis

93. Congratulating Jalen Penrose and Rodolfo Bonates; CRLS Seniors on being named All-Scholastic in volleyball by both the Boston Globe and Boston Herald.   Councillor Toomey

ORDERS
1. That the City Manager is requested to instruct the Community Development Department to work jointly with Cambridge Local First to recognize contributions to the local economy with an awards program coinciding with Local Economy Week, including award categories such as banking, developer, philanthropy, community spirit, community involvement, new local business, and longest-running local business.   Councillor Cheung

2. That the City Manager is requested to confer with the appropriate departments as to the feasibility of including double poles as a category to iReport.   Councillor Cheung

3. That the City Manager is requested to explore measures that could enhance pedestrian and cyclist safety in the area of the Cambridge Common, including enhanced enforcement of traffic laws in the area.   Councillor Cheung
Amended, Kelley NO

4. That the City Manager is requested to confer with the Department of Public Works to explore the potential for a community composting initiative.   Councillor Cheung
Amended

5. That the City Manager is requested to confer with the Finance Department as to how the City of Cambridge can include a participatory budgeting portion in the 2015 budget.   Councillor Cheung

6. That the City Manager is requested to confer with the appropriate departments as to the feasibility of installing side guards on all City-owned trucks to improve cyclist and pedestrian safety and to the feasibility of utilizing pylons as a means through which to separate cyclists from motor vehicles.   Councillor Cheung

7. That the City Manager is requested to explore the potential for the City of Cambridge to enroll in the Earth Hour City Challenge for 2013.   Councillor Cheung

8. That the City Manager is requested to confer with the Law Department, the Information Technology Department and any other relevant departments to evaluate the feasibility of ensuring all city-sponsored committee meeting minutes are available online.   Councillor Cheung

9. That the City Council go on record supporting the Employment Non-Discrimination Act of 2013.   Councillor Cheung

10. That the City Manager is requested to confer with the Information Technology Department as to the feasibility of making videos of City Council general and committee meetings downloadable by the general public.   Councillor Cheung

11. Urge all dispatch businesses operating via mobile phone application, website or SMS text messages that are now eligible to obtain a dispatch association permit, including Uber Technologies, to complete the Dispatch Association Permit Application.   Councillor Cheung
Amended; Charter Right - Toomey

12. That the City Manager is requested to confer with the appropriate City departments as to potential measures to improve pedestrian safety at the intersection of Massachusetts Avenue and Upland Avenue, including the installation of stop signs.   Councillor Cheung
Amended

13. That the City Manager is requested to instruct the Inspectional Services Department, the Traffic, Parking and Transportation Department, and the License Commission to promptly explore the concerns raised by the residents of Bowdoin Street regarding loading and delivery trucks.   Councillor Cheung

14. That the City Manager is requested to report back to the City Council on the progress of the Eastern Cambridge Kendall Square Open Space Study.   Councillor Toomey

15. That the City Manager is requested to confer with the Director of Traffic Parking and Transportation and the Police Commissioner and report back to the City Council on the City's efforts to monitor and evaluate the effectiveness of current detours and traffic plans currently in place and our ability to adjust them if problems arise in relation to construction projects.   Councillor Toomey

16. That the City Manager is requested to set up a $20,000 one-year Build Neighborhoods Fund from Community Benefits funds.   Councillor vanBeuzekom
Charter Right - Decker [Later Withdrawn by unanimous consent at Sept 9, 2013 meeting]

17. That the City Manager is requested to develop cost benefit analyses for at least five scenarios related to the Foundry Building.   Mayor Davis
Kelley voted NO

18. That the City Manager is requested to work with the Department of Public Works and the Finance Department to explore the feasibility of the establishment of a City of Cambridge Storm Water Utility.   Councillor vanBeuzekom
Charter Right - vanBeuzekom

19. That the City Manager is requested to work together with the City of Cambridge Law Department to explore the establishment of an enforced open door while air condition prohibition for Cambridge, and when this prohibition is put in place, precede it's installation with an awareness campaign through the Cambridge Energy Alliance and the new Community Compact for a Sustainable Future.   Councillor vanBeuzekom

20. That the City Manager is requested to report back to the City Council on the rationale and thought process of the License Commission on the proposed increase of liquor license fees prior to the change taking effect.   Councillor Cheung
Charter Right - Toomey

21. That the City Manager is requested to set up a committee to work with the MBTA to ensure that the MBTA will continue to use all of the stops along the #1 Route and not eliminate any stops.   Councillor Reeves

22. That the City Manager is requested to set up a committee including the president of the tenant's union, the chairperson of the Housing Committee, the chairperson of the University Relations Committee, and a representative of the City Manager to open up truthful communication with Harvard on their intentions of selling this building (2 Mt. Auburn St.).   Councillor Reeves

23. That the City Manager is requested to convene a working group in conjunction with, but not limited to, the Human Rights Commission, the Peace Commission, youth members including members of the Kids Council, other community members, and the Mayor's Office to continue the conversation about racial and other types of profiling in Cambridge.   Mayor Davis

24. That the City Manager be and hereby is requested to explain the causes for two sinkholes located on city of Cambridge streets.   Councillor vanBeuzekom

25. That the City Council formally goes on record in condemning Harvard Medical School's decision to terminate 31 custodians on Aug 17, 2013, and the City Council strongly urges the institution to reconsider this course of action.   Councillor Toomey

26. That the City Manager is requested to direct the City Solicitor to prepare ordinance language for adoption by the City Council on rules and regulations for usage of e-cigarettes similar to existing language for the use of tobacco products.   Councillor Decker

27. That the City Manager is requested to provide to the City Council an explanation for the extremely long delay in opening three newly reconstructed Cambridgeport Parks - the Alberico Park, David Nunes (Old Morse) Park and the Fulmore Park -- including whether any recourse for delay in project completion by the contractors is possible.   Councillor vanBeuzekom

28. That the draft amendment to the Municipal Code entitled "Plastic Bag Reduction Ordinance" be referred to the Ordinance Committee for hearing and report.   Councillor Decker
Referred to Ordinance Committee

29. That the City Manager is requested to create a short term task force that will consider drafting a municipal ordinance related to outdoor lighting; the task force have representation from the City's Planning team, the City Solicitors Office, as well as community representation and the City Manager report back by the end of the year proposing language for municipal code and also for the zoning ordinance if appropriate.   Mayor Davis

30. That the City Manager is requested to instruct the Cambridge Health Alliance to address the Riverside Neighborhood Association and the neighborhood concerns regarding the change of use of the Riverside Neighborhood Health Center by the Cambridge Health Alliance without notice or consultation with the Riverside Neighborhood Association or residents of the neighborhood.   Councillor Reeves

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public meeting held on May 15, 2013 to review the Cambridge Alert System and any other public notice system used for public safety issues.

2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public meeting held on Apr 30, 2013 to discuss any and all issues related to gun safety, including the possibility of a gun buyback program in Cambridge.

3. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office, transmitting a report from Vice Mayor E. Denise Simmons, Chair of the Civic Unity Committee for a public meeting held on June 18, 2013 to discuss the Monteiro case only as it pertains to any lessons learned.

4. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office, transmitting a report from Councillor Leland Cheung, Chair of the Cable TV Telecommunications and Public Utilities Committee for a public meeting held on July 9, 2013 to explore the development of an open data ordinance in the City of Cambridge.

5. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public hearing held on June 19, 2013 to discuss a zoning petition from Jenny Popper-Keizer, et al., requesting the City Council amend the Zoning Ordinance and Map from SD-8A to Residence C-1 in the area bounded by Allston Street to the north, Putnam Avenue to the south, Sidney Street to the west and Waverly Street to the east.

6. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Economic Development, Training and Employment Committee for a public meeting held on June 13, 2013 to discuss how Cambridge is marketing Innovation city-wide.

7. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Economic Development, Training and Employment Committee for a public meeting held on June 18, 2013 to discuss the economic benefits of the Arts in Cambridge.

8. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public hearing held on June 26, 2013 to discuss a zoning petition to amend the Zoning Ordinance relating to rainwater separation in residential buildings.

9. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office, transmitting a report from Vice Mayor E. Denise Simmons, Chair of the Civic Unity Committee for a public meeting held on July 17, 2013 to continue discussions of lessons learned as it pertains to the Monteiro case.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Councillor Leland Cheung regarding the National League of Cities 3-Year Strategic Plan Update and Job Impact of Proposals to limit the Municipal Bond Market.

2. A communication was received from Mayor Henrietta Davis transmitting a letter from Jeffrey M. Young, Superintendent of Schools regarding responses to City Council Budget Questions.

HEARING SCHEDULE
Mon, July 29
5:30pm   Special City Council Meeting  (Sullivan Chamber)

Tues, July 30
5:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss assessing the current status of Central Square following the Central Square Advisory Committee's non-zoning recommendations and exploring potential options to make the neighborhood a safer and more family-friendly area.  (Sullivan Chamber)

Wed, July 31
4:30pm   The Finance Committee will conduct a public meeting to examine the finances of various proposals for the future of the Foundry Building. This meeting to be televised.  (Sullivan Chamber)

Mon, Aug 5
5:00pm   The Neighborhood and Long Term Planning, Economic Development, Training and Employment and Public Facilities, Arts and Celebrations Committees will conduct a joint public meeting to discuss the future of the Foundry Building.  (Sullivan Chamber)

Wed, Aug 7
9:30am   The Government Operations and Rules Committee will conduct a public meeting to discuss a park being named in honor of Eitan Stern.  (Ackermann Room)
10:00am   The Government Operations and Rules Committee will conduct a public meeting to receive a brief update on community benefits from the non-profit summit.  (Ackermann Room)

Thurs, Aug 15
3:00pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to explore the development of an open data ordinance in the City of Cambridge.  (Cambridge Innovation Center, 1 Broadway, Havana Room, 5th Floor)

Wed, Aug 21
3:00pm   The Government Operations and Rules Committee will conduct a public meeting to discuss new meeting protocols as it relates to resolutions and policy orders.  (Ackermann Room)
4:00pm   The Ordinance Committee will conduct a public hearing to discuss the proposed amendment to the Zoning Ordinance on the petition filed by Mike Connolly, et al. to ensure all new construction or changes in use requiring Project Review Special Permits are built to avoid emission of greenhouse gases in daily operation thereby mitigating the risk of extremely dangerous climate changes. This hearing to be televised.  (Sullivan Chamber)

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

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

Mon, Sept 23
5:30pm   Roundtable/Working Meeting between the City Council and the School Committee to discuss Pre-Kindergarten and Early Childhood Education. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, Sept 24
2:30pm   The Finance Committee will conduct a public meeting to continue to examine the finances of various proposals for the future of the Foundry Building. This meeting to be televised.  (Sullivan Chamber)

Mon, Sept 30
5:30pm   City Council Meeting  (Sullivan Chamber)
6:30pm   The City Council will conduct a public hearing to discuss the property tax rate classification.  (Sullivan Chamber)

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

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

Mon, Oct 28
5:30pm   Roundtable/Working Meeting between the City Council and the School Committee to discuss the coordination and administration of after school programs and activities. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, Nov 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Nov 18
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Nov 25
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Dec 2
5:30pm   Roundtable/Working Meeting. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

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

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

TEXT OF ORDERS
O-1     July 29, 2013
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department to work jointly with Cambridge Local First to recognize contributions to the local economy with an awards program coinciding with Local Economy Week, including award categories such as banking, developer, philanthropy, community spirit, community involvement, new local business, and longest-running local business.

O-2     July 29, 2013
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments as to the feasibility of including double poles as a category to iReport.

O-3     July 29, 2013  Amended
COUNCILLOR CHEUNG
WHEREAS: It has come to the attention of the Cambridge City Council that many residents have expressed concern about current pedestrian and cyclist safety in the area surrounding the Cambridge Common, including dangerous crossings at the intersections of Garden at Waterhouse Streets and Massachusetts Avenue and Wendell Streets; and
WHEREAS: The area along the Cambridge Common is about to undergo the renovation to include the installation of bike lanes on the re-routing of traffic and that these issues be addressed in the Cambridge Common Renovation Project; and
WHEREAS: The area is regularly traversed by children, families, and students; now therefore be it
ORDERED: That the City Manager be and hereby is requested to explore measures that could enhance pedestrian and cyclist safety in the region, including enhanced enforcement of traffic laws in the area, and report back to the City Council.

O-4     July 29, 2013  Amended
COUNCILLOR CHEUNG
WHEREAS: Many residents throughout the City of Cambridge have made a practice of composting food scraps in an effort to engage in more sustainable and healthful waste removal procedures; and
WHEREAS: In addition to helping to address the climate change problem, composting enriches soil and protects groundwater; and
WHEREAS: City residents can bring food waste to the Recycling Center, drop-off scraps at the Winter Farmers Market, and leave scraps at the Cambridge Community Center in the Riverside neighborhood; and
WHEREAS: Many residents have expressed interest in developing a community local composting initiative, similar to a community garden; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Public Work to explore the potential for a community local composting initiative and report back to the City Council.

O-5     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge has long been a hub of innovation, ideas and most importantly, action; and
WHEREAS: Cambridge is always looking for new ways to showcase and build on its reputation as a national leader in innovation; and
WHEREAS: Cities including Chicago, New York City, Vallejo, and most recently, Boston, have developed participatory budget models that provide community members with the opportunity to decide how they wish to allocate a portion of the municipal budget; and
WHEREAS: Such an endeavor provides community members with an opportunity to engage with one another to determine their spending priorities, work collaboratively to develop specific spending proposals, and cast their vote as to which proposals should be publicly funded; and
WHEREAS: Instituting such a program in the City of Cambridge would allow civic-minded residents to make decisions about how a portion of the City's budget is spent, and has the propensity to immensely improve the quality of life of the members of the Cambridge community; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Finance Department as to how the City of Cambridge can include a participatory budgeting portion in the 2015 budget and report back to the City Council.

O-6     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: Biking is one of the City of Cambridge's most popular, healthful, and sustainable transportation options; and
WHEREAS: Cities across the nation have recently begun implementing programs that make cycling a safer, more enjoyable, and more practical commuting option for residents; and
WHEREAS: In an effort to heighten cyclist safety, the City of Boston recently installed side guards on the side of all of its trucks to protect bikers should a collision occur; and
WHEREAS: Developed by an engineer at the Volpe National Transportation Systems Center; the side guards are installed on trucks to protect bicyclists from falling beneath the body of the vehicle; and
WHEREAS: According to the Volpe engineer, the installation of side guards in the United Kingdom reduced fatalities in bicyclist-truck crashes by 61 percent and reduced fatalities in pedestrian-truck crashed by 20 percent; and
WHEREAS: Furthermore, Seattle, Washington and Washington, D.C. have begun utilizing reflective pylons as a means through which to separate cyclists from motor vehicles in high-risk sections of the road, a measure they deem both effective and inexpensive; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments as to the feasibility of installing side guards on all City-owned trucks to improve cyclist and pedestrian safety and report back to the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments as to the feasibility of utilizing pylons as a means through which to separate cyclists from motor vehicles and report back to the City Council.

O-7     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: For years, the City of Cambridge has led the charge in empowering its residents, workers, and visitors to engage in behaviors that are sustainable, healthy, and environmentally-conscious; and
WHEREAS: This May, the City of Cambridge joined the Massachusetts Institute of Technology and Harvard University as a signatory on the historic Cambridge Community Compact for a Sustainable Future, the first compact of its kind that will engage partners in a collaborative community effort in addressing global environmental challenges, including
climate change; and
WHEREAS: City Departments, local businesses, and residents have consistently made efforts to work jointly to make Cambridge a more sustainable and healthful place to live and thrive; and
WHEREAS: In recognition of Earth Hour 2013, the City Council went on record urging Cantabrigians from all sectors of the community to switch off their lights on Sat, Mar 23 at 8:30pm to raise awareness about the need to take action on climate change; and
WHEREAS: It has recently come to the attention of the City Council that the City of Cambridge has been encouraged to participate in the World Wildlife Fund's Earth Hour City Challenge, a year-long challenge to encourage cities to engage in innovating thinking patterns that promote attractive, one-planet lifestyles; and
WHEREAS: The Earth Hour City Challenge evaluates cities on their efforts to move towards a low carbon economy and promotion of the use of renewable energy sources, willingness to take ambitious actions to meet human needs in a sustainable manner, and the integration of actions into coherent sustainability strategies; and
WHEREAS: Participating cities are eligible for public engagement grants to encourage public participation and engagement around preparing for local vulnerabilities to climate change; now therefore be it
ORDERED: That the City Manager be and hereby is requested to explore the potential for the City of Cambridge to enroll in the Earth Hour City Challenge for 2013 and report back to the City Council.

O-8     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: The option to view all City-sponsored committee meeting minutes online is increasingly in demand for residents to remain civically engaged and informed on the proceedings of their municipal government; and
WHEREAS: Minutes of some committee meetings are only available through a public records request through the Law Department for a fee; and
ORDERED: Granting residents, property owners and the media the ability to view the minutes of City-sponsored committee meetings online such as the E-gov Committee, most of which are held during the day, is a key component to building on Cambridge's record of government transparency and accessibility; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Law Department, the Information Technology Department and any other relevant departments to evaluate the feasibility of ensuring all city-sponsored committee meeting minutes are available online and report back to the City Council.

O-9     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: The Cambridge City Council has long been an unparalleled supporter of LGBTQ , rights, justice, and equality; and
WHEREAS: However, many other cities and states have not afforded LGBTQ citizens the same rights that the City of Cambridge has promoted; and
WHEREAS: In 29 states, employers can legally fire someone because they are lesbian, gay, or bisexual; and
WHEREAS: In 33 states, employers can legally fire someone for being transgender or gender nonconforming; and
WHEREAS: On Apr 25, 2013, the Employment Non-Discrimination Act of 2013 was introduced by Representative Jared Polis and Senator Jeff Merkley; and
WHEREAS: The Employment Non-Discrimination Act of 2013 is essential legislation that would protect the civil rights of people throughout the country by making it illegal to fire, refuse to hire, or refuse to promote employees because of their sexual orientation or gender identity; and
WHEREAS: By urging swift passage of the Employment Non-Discrimination Act of 2013, the City of Cambridge will send a strong message that Cambridge will not support inequality, discrimination and prejudice against the LGBQT community from the federal and state government and private parties; and
WHEREAS: Furthermore, urging swift passage of the Employment Non-Discrimination Act of 2013 will send a strong message that the City of Cambridge firmly believes that a person's sexual orientation or identity has nothing to do with their ability to perform their job; now therefore be it
ORDERED: That the City Council go on record supporting the Employment Non-Discrimination Act of 2013; 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 Cambridge Legislative Delegation on behalf of the entire City Council.

O-10     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: It has recently come to the attention of the City Council that residents are no longer able to download videos of City Council meetings and televised committee meetings from the City of Cambridge's website; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Information Technology Department as to the feasibility of making videos of City Council general and committee meetings downloadable by the general public and report back to the City Council.

O-11     July 29, 2013  Amended; Charter Right - Toomey
COUNCILLOR CHEUNG
WHEREAS: On Nov 20, 2012, the Cambridge Board of License Commissioners voted to amend the Cambridge Taxicab Rules and Regulations to adopt a permit system for dispatch associations to increase public access to Cambridge licensed taxicabs; and
WHEREAS: Businesses operating via mobile phone application, website, SMS text messaging, or similar means are eligible to obtain a permit of this nature; and
WHEREAS: The City of Cambridge amended these rules and regulations in recognition that livery, which are not regulated, have an unfair competitive advantage; and
WHEREAS: As part of their ongoing efforts to innovate the transportation industry and allow consumers to gain access to taxicabs as swiftly and easily as possible, Uber Technologies has launched uberTAXI, an application enabling users to request and pay for a taxi at a standard taxi meter rate plus a $1 booking fee and 20 percent gratuity for the driver; and
WHEREAS: The aforementioned amendments to the Cambridge Taxicab Rules and Regulations were to ensure that Uber Technologies and companies offering similar products are able to operate in the City of Cambridge and provide interested customers with access to the multitude of taxicabs that circulate the City; now therefore be it
ORDERED: That the Cambridge City Council go on record urging all dispatch businesses operating via mobile phone application, website or SMS text messages that are now eligible to obtain a dispatch association permit including Uber Technologies to complete the Dispatch Association Permit Application; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Uber Technologies all dispatchers, including existing and potential mobil platform dispatchers on behalf of the entire City Council.

O-12     July 29, 2013  Amended
COUNCILLOR CHEUNG
WHEREAS: It has come to the attention of the City Council that pedestrian crosswalks in the vicinity of the Porter Square MBTA station do little to ensure the safety of those crossing Massachusetts Avenue and Upland Avenue; and
WHEREAS: In the times of most frequent use, pedestrians must weave between lines of cars to access the MBTA stations; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments as to potential measures to improve pedestrian safety at the intersection of Massachusetts Avenue and Upland Avenue, including the installation of stop signs, and report back to the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Police Comissioner to provivde to the City Council the number of tickets issued for "blocking the box."

O-13     July 29, 2013
COUNCILLOR CHEUNG
WHEREAS: It has come to the attention of the City Council that residents of Bowdoin Street have repeatedly expressed concern over a series of traffic, licensing, and zoning violations in the vicinity that have occurred as a result of misguided loading and delivery instructions from businesses on Massachusetts Avenue; and
WHEREAS: In lieu of using legal loading zones on Massachusetts Avenue, large delivery trucks have instead been instructed by business owners to utilize Bowdoin Street, compromising the safety of drivers and pedestrians on Bowdoin Street as trucks are forced to back down the street; and
WHEREAS: Additionally, as a result of these unsafe driving practices, the fire hydrant on Bowdoin Street has been knocked down two times in the last year; and
WHEREAS: To demonstrate the persistent nature of these violations, the neighborhood has developed a website to document the occurrences, visible at http://bowdoinnotes.blogspot.com; and
WHEREAS: Although the neighborhood has made the City aware of these violations, their concerns have yet to be addressed in a substantial matter by City staff; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Inspectional Services Department, the Traffic, Parking and Transportation Department, and the License Commission to promptly explore the concerns raised by the residents of Bowdoin Street and report back to the City Council.

O-14     July 29, 2013
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the progress of the Eastern Cambridge Kendall Square Open Space Study.

O-15     July 29, 2013
COUNCILLOR TOOMEY
WHEREAS: Cambridge is experiencing a number of significant construction projects that are impacting traffic though out the City; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic Parking and Transportation and the Police Commissioner and report back to the City Council on the City's efforts to monitor and evaluate the effectiveness of current detours and traffic plans currently in place and our ability to adjust them if problems arise.

O-16     July 29, 2013  Charter Right - Decker
COUNCILLOR VANBEUZEKOM
WHEREAS: The City of Cambridge supports creating strong neighborhood and community for city residents; and
WHEREAS: The City has in the past offered through the Police Department small grants to community groups for beautification projects and block party celebrations; and
WHEREAS: The state no longer provides this funding for community building; and
WHEREAS: The city has or will shortly receive substantial amounts of Community Benefit funds; now therefore be it
ORDERED: That the City Manager be and hereby is requested to set-up a $20,000 one-year Build Neighborhoods Fund from Community Benefits funds for $500 grants for neighborhood or area groups to promote community engagement through block parties, beautification or other projects; and be it further
ORDERED: That distribution of the Build Neighborhoods Fund use a system similar to the former Police Community grants - in that grant recipients use requirements and grant spending reporting is clearly communicated; and be it further
ORDERED: That a summary report of the Build Neighborhoods Fund be presented to the City Council evaluating the fund after it is fully dispersed or after one year has elapsed; whichever occurs first; and be it further
ORDERED: That a report on this request be provided to the Cambridge City Council.

O-17     July 29, 2013
MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to develop cost benefit analyses for at least five scenarios related to the Foundry Building. All options would retain at least 10,000 square feet for community use. Analyses should include funds that would need to be expended to refurbish the building and any ongoing maintenance and management expenses. Also to be noted any potential income from sale or lease.
Options:
  1. Retain the building and if necessary rehab it for lease as a commercial building.
  2. Retain the building using the entire building as community space/non-profit rental. In this option describe possible funding mechanisms.
  3. Sell the building with an agreement for community space.
  4. Improve the building for use as a childcare facility.
  5. To be determined; and be it further
ORDERED: That the City Manager report back on this matter to the entire City Council.

O-18     July 29, 2013  Charter Right - vanBeuzekom
COUNCILLOR VANBEUZEKOM
WHEREAS: "Impervious surfaces" are mainly artificial surfaces-such as buildings and parking lots that are covered by materials and that do not allow storm water to be reabsorbed into the ground; and
WHEREAS: Impervious surfaces in Cambridge significantly and adversely impact surface and ground water; water bodies such as the Charles and Mystic Rivers; and the safety of transportation infrastructure; and
WHEREAS: Storm water runoff is the Commonwealth's leading cause of water quality and water quantity problems; and
WHEREAS: Massachusetts municipalities are authorized under Massachusetts General Laws to establish a storm water management authority -- a Storm Water Utility -- which is allowed to assess fees to property owners, just as conventional utilities are allowed to assess fees for electricity, drinking water and sewer services; and
WHEREAS: A Storm Water Utility allows the city to assess a fee to property owners based on the area of impervious land located on their property and from this assessment, create an Enterprise Fund for storm water management; and
WHEREAS: The Enterprise Fund supports mechanisms for improved water quality within the city such as catch basin cleaning and master storm water planning; street sweeping; detection of prohibited storm water hook-ups; and incentives for low-impact development techniques (i.e. site planning to maximize porous surfaces); and
WHEREAS: The above expenses are currently paid for from general property and sales tax revenue; and
WHEREAS: A Storm Water Utility will more appropriately assign these costs to property owners whose properties contain a greater area of impervious surfaces; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Department of Public Works and the Finance Department to explore the feasibility of the establishment of a City of Cambridge Storm Water Utility; and be it further
ORDERED: That a report on this request be provided to the City Council.

O-19     July 29, 2013
COUNCILLOR VANBEUZEKOM
WHEREAS: Commercial, industrial and residential buildings are responsible for over 80% of Cambridge's greenhouse gas emissions; and
WHEREAS: The City of Cambridge energy policies and programs encourage the wise use of energy and supports the incremental reduction on environmental impacts; and
WHEREAS: Air conditioner use nationwide is the leading source of energy use within buildings; and
WHEREAS: Additionally, a recent study found that when a 10,000-square-foot business keeps its doors open for eight hours a day, five days a week - it wastes 4,200 kilowatt hours of electricity and pays an additional $1,000 on its summer electric bill; and
WHEREAS: Many Cambridge businesses choose to open their doors in the summer to entice customers inside while the building air conditioning is powered on. The net result is a waste of electricity and an unnecessary demand on the communities' electrical grid; and
WHEREAS: New York City, New York has established and enforced open door while air condition prohibitions (with some exemptions for stores less than 4,000 sq feet); now therefore be it
ORDERED: That the City Manager be and hereby is requested to work together with the City of Cambridge Law Department to explore the establishment of a similar prohibition for Cambridge, and when this prohibition is put in place, precede its installation with an awareness campaign through the Cambridge Energy Alliance and the new Community Compact for a Sustainable Future; and be it further
ORDERED: That the City Manager be and hereby is request to report back to the City Council on this matter.

O-20     July 29, 2013  Charter Right - Toomey
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the rationale and thought process of the License Commission on the proposed increase of liquor license fees prior to the change taking effect.

O-21     July 29, 2013
COUNCILLOR REEVES
WHEREAS: The Number One MBTA bus is a very important route connecting Harvard Square with Boston; and
WHEREAS: Many elderly and disabled people rely on this bus for daily transportation, including picking up necessities such as food, medical appointments, and prescriptions; now therefore be it
ORDERED: That the City Manager be and hereby requested to set up a committee to work with the MBTA to ensure that the MBTA will continue to use all of the stops along the route and not eliminate any stops.

O-22     July 29, 2013
COUNCILLOR REEVES
WHEREAS: The sale of 2 Mount Auburn Street by Harvard University to a non-profit has created a great deal of stress and anxiety for tenants of 2 Mount Auburn Street who have formed a perfectly legal tenants union to represent them in the sale of this property; and
WHEREAS: Harvard University has blocked all meaningful communication between the University and the tenants union and blocked all meaningful communication with elected city officials and administrators of the city of Cambridge; now therefore it be
ORDERED: That the City Manager be and hereby is requested to set up a committee including the president of the tenant's union, the chairperson of the Housing Committee, the chairperson of the University Relations Committee, and a representative of the City Manager to open up truthful communication with Harvard on their intentions of selling this building.

O-23     July 29, 2013
MAYOR DAVIS
WHERAS: In 2006 the Human Rights Commission released a report entitled "Students Speak Out about Discrimination in Cambridge." In this report a high percentage of CRLS students reported issues of profiling in stores and other places and situations; and
WHEREAS: On July 18, 2013 there was a community meeting to discuss issues that arose after the ruling in the Trayvon Martin case. Over 200 people attended the meeting and participated in the conversation. Many expressed the need for follow up conversations; and
WHEREAS: One of the conversations that needs to be continued is the topic of profiling; now therefore be it
ORDERED: That the City Manager be and hereby is requested to convene a working group in conjunction with, but not limited to, the Human Rights Commission, the Peace Commission, youth members including members of the Kids Council, other community members, and the Mayor's Office to continue the conversation about racial and other types of profiling in Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to keep the Council informed on the progress of the working group.

O-24     July 29, 2013
COUNCILLOR VANBEUZEKOM
ORDERED: That the City Manager be and hereby is hereby requested to explain the causes for two sinkholes located on city of Cambridge streets. One on July 23rd, at Edwin Land Boulevard and McGrath O'Brien Highway and another on June 2nd at Cambridge Street and Oak Street; and be it further
ORDERED: That the City Manager be and hereby is request to report back to the City Council on this matter.

O-25     July 29, 2013
COUNCILLOR TOOMEY
WHEREAS: The City of Cambridge has an excellent reputation as an employer that treats its workers with dignity and fairness, and which can rightly boast that its workers are paid prevailing wages and given access to affordable health care coverage. As such, the City has the expectation that the institutions within our community would treat their workers similarly; and
WHEREAS: It has come to the City Council's attention that Harvard Medical School is planning to terminate 31 custodians in September in order to cut operating costs, yet this cost-cutting measure is coming at the expense of the institution's lowest-paid, least-protected workers, and it is not at all clear that Harvard has taken every conceivable measure to pare down expenses elsewhere in its budget before resorting to these terminations; and
WHEREAS: There will undoubtedly be negative ripple effects within our community due to these layoffs, as the 31 laid-off custodians will be forced to seek new employment in an already-strained job market, and they may well be forced to seek public assistance such as food stamps and public housing, due to their loss of income; now therefore be it
RESOLVED: That the City Council formally goes on record in condemning Harvard Medical School's decision to terminate 31 custodians on Aug 17, 2013, and the City Council strongly urges the institution to reconsider this course of action.

O-26     July 29, 2013
COUNCILLOR DECKER
ORDERED: That the City Manager be and herby is requested to direct the City Solicitor to prepare ordinance language for adoption by the City Council on rules and regulations for usage of e-cigarettes similar to existing language for the use of tobacco products.

O-27     July 29, 2013
COUNCILLOR VANBEUZEKOM
ORDERED: That the City Manager be and hereby is requested to provide to the City Council an explanation for the extremely long delay in opening three newly reconstructed Cambridgeport Parks - the Alberico Park, David Nunes (Old Morse) Park and the Fulmore Park -- including whether any recourse for delay in project completion by the contractors is possible; and be it further
ORDERED: That while the Fulmore Park is now open the other two parks remain closed for play even though the published project completion dates published for all three parks -- at first a Fall, 2012 completion date and now a Spring, 2013 - have passed.

O-28     July 29, 2013
COUNCILLOR DECKER
ORDERED: That the attached draft amendment to the Municipal Code entitled "Plastic Bag Reduction Ordinance" be referred to the Ordinance Committee for hearing and report.

O-29     July 29, 2013
MAYOR DAVIS
WHEREAS: The Planning Board recognizes that there are problems regulating and enforcing appropriate outside lighting; and
WHEREAS: These problems require careful consideration to create durable and effective solutions that diminish existing problems as well as address problems that may be created by new development; now therefore be it
ORDERED: That the City Manager be and hereby is requested to create a short term task force that will consider drafting a municipal ordinance related to outdoor lighting; and be it further
ORDERED: That the task force have representation from the City's Planning team, the City Solicitors Office, as well as community representation; and be it further
ORDERED: That the City Manager engage a qualified lighting expert to work with the taskforce; and be it further
ORDERED: That the City Manager report back by the end of the year proposing language for municipal code and also for the zoning ordinance if appropriate.

O-30     July 29, 2013
COUNCILLOR REEVES
WHEREAS: There has been a change of use of the Riverside Neighborhood Health Center by the Cambridge Health Alliance without notice or consultation with the Riverside Neighborhood Association or residents of the neighborhood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Cambridge Health Alliance to address the Riverside Neighborhood Association and the neighborhood concerns.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Public Safety Committee held a public meeting on May 15, 2013 beginning at 2:06pm in the Sullivan Chamber.

The purpose of the meeting was to review the Cambridge Alert System and any other public notice system used for public safety issues.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Vice Mayor Simmons; Councillor vanBeuzekom; Richard Rossi, Deputy City Manager; Maryellen Carvello, Administrative Assistant, City Manager's Office; Steve William, Superintendent of Police; Jack Albert, Deputy Superintendent of Police; Dave Degou, Public Safety Advisor/Administrator, CHA; Gloria Leipzig, Director of Operations, CHA; George Fosque, Director, Emergency Communications; and Interim City Clerk Donna P. Lopez.

Also present were John Hawkinson; Bill Cunningham; Michele Trifior, Director of Campus Safety, Lesley University; Nicole A. O'Leary, Captain of Public Safety, Lesley University; and Donald Summerfield, 237 Franklin Street.

Councillor Kelley announced that the meeting is being recorded with audio devices.

Councillor Kelley convened the meeting and explained the purpose. He opened the meeting to public comment. No one appeared and public comment was closed.

This meeting is relevant to the recent events that occurred with the Boston marathon. Cambridge ALERT, CodeRed, texting and robot call are all the mechanisms used to get the word out but they do not reach everyone with the same level of efficiency. He wanted different systems explained. Councillor vanBeuzekom agreed that it would be helpful to her to know about the different systems.

Vice Mayor Simmons introduced a communication received from ACT conveying two important issues: alerting people in large residential building of general public emergencies and notification to persons with limited mobility (ATTACHMENT A). She requested that this be made part of the report. She wanted the most difficult of our citizens to be properly reachable in the event of an emergency.

Superintendent Williams stated that the alert systems are tiered. This information can be found on the city's homepage by either clicking on Cambridge ALERT Network of under the category of Quick Links clicking on Social Media sites. The Cambridge ALERT Network has three tiers: CodeRed, Citizen Observer and Cambridge E-Line (ATTACHMENT B).

CodeRed is used to broadcast emergency situations. It is a robust system. It uses phone calls, e-mails and text messaging to send an alert. Participants elect how they want to receive the messages. The shelter in place alert was a good example of CodeRed. There are 46,000 subscribers for CodeRed, which has a siren.

Citizen Observer is the second tier. It is used by police to send neighborhood specific crime alerts the CPD judges to be of sufficient value to inform the public in this manner, so not all crime would result in an alert. It is a subscriber only system. You must sign up to receive the alert. Alerts are sent via texts and e-mails. It has 8,000 subscribers.

The third tier is Cambridge E-Line shares general information such as street cleaning, trash pickup, etc. Routine information is distributed via this system. It is unknown how many people subscribe to Cambridge E-Line.

Emergency Communication has tweets sent out tied to CAD with 5 minute delay. This is a select call for services under this system and the location is narrowed down only to the hundreds block (i.e.- 16XX Massachusetts Avenue) to protect privacy. If a call for service in one of the 18 or so selected categories is entered, five minutes later it is automatically tweeted. Cambridge is the second city that utilizes tweets. Seattle was the first. Deputy Superintendent Albert stated that there are 13,000 subscribers on tweets.

Councillor vanBeuzekom asked if information sent if block specific. The information gives a general area range to give the public information to allow them to change their direction of travel.

Mr. Rossi stated that based on the marathon event he cautioned the City Council about distributing information on twitters that should not be considered "official" information. The information may not be accurate. This should not be made to look like the official position of the city and the City might want to consider making this clear with disclaimers. Official information is distributed by the police. Councillor vanBeuzekom commented that re-tweeting information tweeted by the police is considered official. Mr. Rossi again cautions about the accuracy of the information. The tweets are an automatic result after the call for service has been entered and the call for service, in an of itself, is neither a true nor a false representation of what's going on, it's just a call for service.

Councillor Kelley stated that he received Citizen Observer information 12 hours after the event. What is the timeline? Superintendent Williams explained that the Citizen Observer information must be accurate and it is not in real time. A 12 hour delay occurs if all the information is not available; this is not unreasonable. He spoke about 2 robberies in the city. The delay was due to the question of whether they were interrelated. Councillor Kelley asked was a tweet put out. Superintendent Williams stated that a tweet would have been sent out in 5 minutes. It mirrors the call for service. Mr. Fosque explained the process: call come in on the phone, it is typed into system; goes to dispatcher and is assigned. This has an interface with twitter. There is a delay because it is not proper law enforcement. Superintendent Williams stated that exact addresses are not given out. If robbery occurred on Mass Avenue it could be one of 5 neighborhoods and the address is blocked. Mr. Fosque added that the actual specific address is obscured. Addresses will probably be noted by block face in the future.

Councillor Kelley asked what the call for services is. Mr. Fosque stated that he would provide Councillor Kelley with a list of the call for services. Twitter is used to provide information in real time. Mr. Rossi it is an entry of incident, but has the incident been proven? Mr. Fosque explained that Twitter feeds from CPD is similar to following scanners. A tweet from CPD is not an Alert. Mr. Rossi explained that Alerts contain a level of investigation with some level of determination by police, such as any pattern of a crime that the community should be more aware of. A Citizen Observer Alert was done for the shooting at Jefferson Park. Tweets are unfounded in fact. A Twitter screen shot is attached (ATTACHMENT C).

Mr. Fosque added that reported gun shots to Emergency Communication are not always gun shots; it is dispatched to police who will investigate. Superintendent Williams stated that tweets also help the police with the public providing information to the police to help with the investigation.

Councillor vanBeuzekom asked if Face book is considered. Superintendent Williams replied that both Face book and YouTube used. Citizen Observer alerts, Cambridge E-Line and tweets are pushed out.

Councillor Kelley asked who gives narrative for the Citizen Observer. Superintendent Williams stated that the Police Commissioner approves and it is sent out. The command staff fills in absent of Mr. Riviello. Filling out Alerts is more an art than a science.

Mr. Fosque explained that the City Manager approves CodeRed. There are six other persons who are trained for CodeRed. It is a high level so that it is not overused

Mr. Cunningham asked if the CodeRed language is shared with other communities. Deputy Superintendent Albert stated that it was used in the marathon episode and was sent to Arlington and Watertown.

Councillor Kelley questioned housing and large complexes and schools are notified. Residents are encouraged to sign up. Is there outreach to housing facilities? Mr. Fosque suggested sending out information to building managers. Ms. Carvello stated that the City received many calls to get residents signed up to the alert systems. Mr. Degou stated CHA works with tenants' councils. Mr. Cunningham explained the problems of communication are especially acute with non- English speaking tenants and the lack of internet accessibility.

Don Summerfield, 237 Franklin Street, stated that a tenant council meeting he was encouraged to sign up for alerts. He stated that there was a lack of communication between building managers and the tenant councils. Mr. Cunningham stated there are buildings without active tenant councils, perhaps 75% of public housing buildings and even more with market rate complexes, and the lack of communication. The city needs to think about oversight as property managers turn over. Mr. Rossi explained that the City cannot accept responsibility for the property owners. The City will educate and provide information about signing up for the alerts, but it's not the City's responsibility. Councillor Kelley also suggested that the information be provided in languages other than English. Mr. Fosque commented about reaching "special population" (language, deaf, etc.)

Vice Mayor Simmons suggested language when signing up for the alert systems what language would you like this information sent to you. Mr. Rossi stated that the City is working on developing the system. Mr. Fosque added that CodeRed does not have the feature to ask about language issue and while it can make 2000 calls per minute, it can't provide separate language options.

Mr. Cunningham suggested that all stakeholders should be called to a meeting to discuss how this could be accomplished. Perhaps have a notification work group.

Councillor Kelley asked is there communication with the schools. This is communication with a defined group of students, parents and teachers. Councillor Kelley asked if a CodeRed could be as a message from the School Department in a snow emergency situation. Ms. Carvello stated that the message is the same from both City and School; but comes from different sources. CPS has its own various communications programs. Mr. Rossi added that the City is in communication with the School Department prior to issuing a Code Red on something like a snow emergency. The City message is used to the general public as a CodeRed and is also put on the website. If schools were closed would the teachers and parents only get the information? Mr. Rossi stated that the Assistant City Manager for Human Services notifies participants who are enrolled in the DHSP programs. Mr. Fosque explained that CodeRed messages can be sent to the entire city, a specific area and to public safety employees internally which can be useful, as an example, for finding personnel to fill staffing gaps. CodeRed has a set of uses: emergencies, street cleaning, water main break and power outages, to name a few. It was also used for the Collier memorial.

Mr. Fosque expressed his concern about the number of cell phone numbers in CodeRed are too small. More recruitment to add information to CodeRed is needed. There are 39,000 numbers in CodeRed of which 30,000 are wired white page phone numbers which is the data source that you get when you buy Code Red services. About 8500 get texts and another 500 cell phones get calls for a total of about 9000 cell phones have been added. There is no do not call provision with CodeRed. There was a concern that CodeRed would be used for marketing, this is not the case. Councillor Kelley asked if a phone number gets removed from CodeRed. Mr. Fosque responded that the white pages are cleaned of information so the numbers are very accurate. CodeRed has a better notification process than reverse 911. Cambridge has 280,000 phone lines because of the trunk lines, innovation companies, Harvard and MIT. For larger commercial properties only the phone numbers listed in the white pages will be reached. If a number is behind a PBX, which means one must dial an 8 or 9 to get out, it cannot be reached by Code Red. Mr. Rossi explained that as city buildings are modernized and converted the extensions will be added to CodeRed. Mailings to encourage registration cannot be added to the tax bills and water bills are sent to property owners. Every opportunity is used to get this information out to the residents. Mr. Hawkinson commented that information is passed on to others by someone who receives a message. Ms. Carvello stated that CodeRed, Twitter and media are the mechanism by which information is distributed.

Councillor Kelley asked how long it takes to send 2,000 texts. Mr. Fosque responded 25-35 minutes to reach the entire city via Code Red. He stated that the FCC and the federal government have established a nationwide alert system for people in an area between cell towers which the State can utilize. The FEMA alert in the Smartphone's come from the weather channel. MMA is talking about a state wide system for mass texting of emergencies to anyone served by a cell tower. Things can get confusing when, for example, Boston employees who live in Cambridge get a message about some problem in Boston that does not affect Cambridge, such as a drinking water problem with the MWRA, which does not serve as Cambridge's primary drinking water provider.

Councillor Kelley asked how municipal channel is used to send out messages. Mr. Fosque stated that there is an emergency override capacity which would allow him to have information scrolled across the cable TV on any channel being watched. Information can also be broadcast live via City TV. Mr. Rossi noted that not everyone subscribed to cable TV. It can be done remotely. This is separate from the national alert. When an emergency occurs the focus needs to be on practicality. In the future there may be more people dedicated to public information. When an emergency occurs there are three different steps that Mr. Riviello must take to send out the notification.

Mr. Cunningham stated that he was confused with CodeRed versus the different levels of emergency (the color scheme of ROYBG). What is exactly being communicated he asked. There is a privacy issue for persons with disabilities, but the list of persons with disabilities is not kept up to date. Mr. Fosque stated that there is disability indicator program where persons with disabilities can register their phone number and it is entered into CAD notification file. This information is updated yearly. Building managers are not involved in this notification process. Mr. Rossi suggested to reaching out to all building management companies. The city could have a presentation by Emergency Communications, Fire Department where there could be a questions and answers session as well as valuable information provided. He would like a list of whom to invite and city will have a meeting.

Mr. Summerfield asked if he does not call 911 will the first responders be prepared to address his disability. Mr. Fosque answered yes if you entered that information in the Disability Indicator, which is self-reported on the phone. He does not know if Emergency Communications can forward this information to the building manager as it is private information. Mr. Summerfield stated that CodeRed worked well except for the Inman Square issue. Deputy Superintendent Albert Jack stated that the residents/spectators were very respectfully when asked by the police to disburse.

Councillor Kelley thanked all those present for their attendance.

The meeting adjourned at 3:42pm.

For the Committee,
Councillor Craig Kelley, Chair

Committee Report #2
The Public Safety Committee held a public meeting on Tues, Apr 30, 2013 beginning at 5:31pm in the Sullivan Chamber.

The purpose of the meeting was to discuss any and all issues related to gun safety, including the possibility of a gun buyback program in Cambridge.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Mayor Henrietta Davis; Councillor Leland Cheung; Councillor Minka vanBeuzekom; Vice Mayor Denise Simmons; Richard Rossi, Deputy City Manager; Police Commissioner Robert Haas; Superintendent of Police Steve Williams; and Interim City Clerk Donna P. Lopez.

Councillor Kelley convened the meeting and explained the purpose.

Councillor Kelley opened the meeting to public comment. No one appeared. Councillor Kelley closed public comment at 5:32pm.

Councillor Kelley spoke about gun and public safety issues and gun licenses. He asked Commissioner Haas to give and overview.

Mayor Davis thanked Commissioner Haas for the report on gun buyback (ATTACHMENT A). The School Department did a toy gun buyback. Deputy City Manager Rossi stated that the City Manager supports the Police commissioner in this matter.

Councillor Cheung stated that it would be helpful if there were a FAQ on the website.

Councillor Kelley spoke about the gun safety issue as a public health issue. Commissioner Haas spoke about the illegal gun being stolen and guns being bought without the proper background check. These sorts of guns are valuable and would be unlikely to be brought in in a buypack program. Guns in the buyback program are not the guns used in crime. A buyback program is expensive and the City would need to know why it was doing it, such as making a statement. People who have gun licenses do not necessarily own guns but you need an FID card or a license to carry to have a gun. Cambridge is about 5th from the bottom in Massachusetts in term of people having gun licenses.

Councillor Kelley asked what we can do as individuals do about guns. Commissioner Haas responded that if you see someone with a gun, call police who will verify they have a gun license. If they have a gun license, they can openly carry (though not ‘brandish') a gun. Dan Riviello is following the tweets that go out on gun sightings (‘person with a gun' is one of about 18 categories of service calls that get automatically tweeted). Mayor Davis asked what parents should do if their kids see a gun and if the City could make this information available.

Commissioner Haas noted that children have a fascination with guns. There is no harm in parents asking if a home their child is visiting has guns and making sure they're secured. The guns need to be secure with a gun locking device which is the law. This is why guns that are stolen do not, unlike cars, have to be reported because it is self-incrimination due to the fact that a gun's being stolen indicates it was possibly not properly secured.

Guns have a greater liability; but are covered by the second amendment. There needs to be responsibility placed on the gun owner to properly secure the gun.

Mayor Davis asked Commissioner Haas what the Council could do as a legislative body. Mr. Rossi asked that if there is no buyback policy is there advice if a gun is found in a field? Commissioner Haas responded call the police.

Councillor Kelley asked about public messaging campaign. Councillor Haas stated that there is a liability to ensure that guns are not put into the hands of people who are not licensed. He stated that there is a need for a public messaging campaign to community on guns. Boston also did PSA with their gun buyback campaign. Cambridge cares about the kids and has a safety campaign. What types of PSA are needed asked Councillor Kelley and are they worth the resources expended for them. Commissioner Haas stated that nationally guns are being looked at as a public health issue; guns are a public health hazard. In Chicago guns are an epidemic. Superintendent of Police Steve Williams added that guns are in the same vein as the public health campaign on medicine chest drugs. There was one accident last year and that was with an illegal gun.

Councillor vanBeuzekom asked about gun accidents and responsible gun owners. We need to make sure that legal gun owners know their responsibility. Commissioner Haas stated that the state law requires the first time gun license owner be trained and there is no requirement for further training for the license, which is reissued every 6 years. Given the primacy of State law, Mr. Rossi commented that it would be problematic if voluntary training were requested. Mayor Davis suggested informational brochures on gun safety and training.

Councillor Kelley asked how many gun licenses are not approved. Superintendent Williams stated not many. Commissioner Haas stated that if there is no a statutory liability or character flaw associated with the applicant, licenses are issued. License to carry (LTC) is required for pistol ownership and has a higher regulatory requirement than an Firearms Identification card (FID card), which allows ownership of long guns and ammunition. There are 1600 LTC licenses issued and more FID's are issued. Commissioner Haas explained that if a grandfather wanted to give a gun to his grandson an LTC is required for an operable firearm. Unassembled pieces are still an operable firearm. If a gun is inoperable, there is no need to have a license.

CPD will shoot guns involved in criminal cases to make sure they work so that people can be properly charged with relevant gun crimes.

Mayor Davis stated that she was surprised that you never hear about people firing a gun. If someone discharges or shows a weapon it is reported to police. Commissioner Haas stated the police do have this data. Showing a gun is not necessarily a crime, though it may be an assault. What percent of people who have guns for self-protection actually use the gun for self protection asked Mayor Davis. Councillor Cheung stated that you cannot collect this data. So in reality guns for self-protection cannot be verified.

Councillor Kelley asked how often someone brandishes a gun for self-protection. Once a year responded Commissioner Haas. Councillor Kelley commented that from a legislative standpoint you ought to be able to have a pistol and not have a license to carry if you simply had it at home and never carried it. Commissioner Haas stated that even with an LTC, guns are illegal to carry on school property, in some federal buildings and so forth, but otherwise you can carry them around. Councillor Kelley asked if there could be issued a restricted LTC. Commissioner Haas responded in the affirmative.

Councillor Cheung asked what can be done at the local level. Commissioner Haas responded that brochures about gun safety can be issued when license or an FID is issued. The discharge of a weapon within 500' of a residence is a misdemeanor and that is what gun crime people are often charged with as the State has no ‘reckless endangerment' statute. But even with suicides we don't really get a lot of gun crimes in the City. He has approached the DA for legislative changes. He further stated that he could not tell the amount of guns in the city, as you can have lots of guns with one license or none at all. There are four machine gun licenses in the There is a higher standard for machine gun licenses and it is required for a profession.

Councillor vanBeuzekom asked about selling of guns or ammunition in Cambridge. There are no establishments in Cambridge that sell guns or ammunition responded Commissioner Haas. He further stated that a license is required to possess the gun but no license is required to sell a gun. If you have a gun license you can sell guns. There are various forms people are supposed to fill out for gun sales, including private ones.

Mayor asked if there are private dealers in Cambridge who are selling guns. Commissioner Haas stated that if there is a private sale you cannot sell to a person who does not have a LTC. Councillor Kelley asked if the police can act on a gun in a private home. Commissioner Haas responded in the negative, unless there is a call for service that brings the police to the property and the guns are not properly secured. Superintendent Williams stated that if a person is seen with a gun the police must go through a proper series of questions. If someone has a gun that is visible, the Police may require they be shown the appropriate gun license. Commissioner Haas added that to have a LTC you must be 21 years of age.

Councillor vanBeuzekom commented that a gun buyback program does not make sense. Cambridge is not a dangerous gun community. More information can go out with license applications. In Boston the buyback guns were sent to state to be destroyed or resold. Cambridge sends guns, such as those found when people clean out their homes, out for destruction.

Councillor Kelley thanked all those present for their attendance.

The meeting adjourned at 6:15pm.

For the Committee,
Councillor Craig Kelley, Chair

Committee Report #3
The Civic Unity Committee held a public meeting on June 18, 2013 beginning at 8:33am in the Sullivan Chamber.

The purpose of the meeting was to discuss the Monteiro case only as it pertains to any lessons learned.

Present at the meeting were Vice Mayor E. Denise Simmons, Chair of the Committee; Councillor Craig Kelley; Councillor Minka vanBeuzekom; Councillor Leland Cheung; Mayor Henrietta Davis; Councillor Kenneth E. Reeves; Richard C. Rossi, Deputy City Manager; Nancy Glowa, City Solicitor; Sheila Keady Rawson, Personnel Director; Brian Corr, Executive Director, Peace Commission; Neal Alpert; and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were Elie Yarden, Mark Levy, Patricia Lewis, Sylvia Barnes, Steve Kaiser, Heather Hoffman and Richard Clarey.

Vice Mayor Simmons opened the meeting to public comment.

Patricia Lewis, 55 Granville Road, stated that she is concerned about the millions of dollars spent on the Monteiro case and that the city has six more lawsuits pending. She asked that the City Council take a look at what the city has in place for employees to go to for help when they feel they have been discriminated against. She stated that the process begins with the department the employee goes to for help such as Affirmative Action, Personnel Department or Human Rights. Are they treated fair and impartially? She stated that she hopes that these meetings continue so that city employees can settle and mediate with the city rather than file lawsuits. This should not be happening in the City of Cambridge.

Sylvia Barnes, 196 Harvey Street, stated that she is pleased that the committee is having this meeting. She stated that it appears that lessons have not been learned from the Monteiro case. She stated that when an employee brings suit against the city they must use their savings to pay for an attorney, but that the City uses taxpayer money to defend itself, and therefore the City will always have more financial resources at hand to spend on defense. The employee filing the suit risks financial ruin in pursuing such a case, which can deter them from taking any action. She stated that the taxpayers are paying as well. The losers are the employees and the residents who have to foot the bill. She stated her belief that management and administration have nothing to lose, since they are not paying for their own defense. She stated that if there are no repercussions, then the actions will not change.

Elie Yarden, 143 Pleasant Street, stated he has sued the City of Cambridge successfully. He questioned if the city is serious about feedback from residents. Giving speakers a three minute maximum to speak at public meetings is not right. He stated that he participated in the Monteiro case actively. He stated that this litigation was well on its way to achieving something positive and at that moment the ax fell and Ms. Monteiro was forced to cease all of her activities that were beneficial to the city. It is a failure of democracy. Mr. Yarden said that if a citizen has no standing in the court of law when they are trying to prevent a 5-story parking garage because the city decided to favor a private developer, one of the problems has to do with a revolving door. He stated that the City Manager form of government was instituted in Cambridge in order to get rid of "bossism". He stated that the Monteiro case is a glaring example of how much it cost the city, and how "bossism" lives on. He stated that the City Manager has the relationship of a corporation to its board and that in the City of Cambridge it is different because there are no shareholders. Government needs to answer to the citizens. Public interest is key. When the city makes use of its financial power to defend the misbehaviors of the boss, then the system is not functioning properly. The City Council has the obligation of helping the City Manager by pointing out the faults of the City Manager. He stated that we should not blame the City Manager form of government but rather the democratic government. He added that he hopes that the next City Council can participate in its restoration.

Steve Kaiser, 191 Hamilton Street, suggested that the issues are important and the number of people in the audience is sufficiently small enough to let people speak for more than three minutes of public comment if they wish to. He stated that this is an opportunity to reflect back and to look into the future. He is optimistic, but critical, of the things of the past. He believes there is a good future for the city. He noted that the important thing is how to deal with the flaws of the City Manager. He stated that Mr. Rossi's statement regarding the desire to improve communications between City Hall and the residents makes him feel very optimistic, and he was very pleased to see Mr. Rossi present at this meeting. He stated that when the City Manager is unwilling to speak with residents it is a problem. He told of meeting many years prior in which the City Manager was present. He stated that the City Manager was unwilling to engage in a give-and-take conversation, and was unwilling to accept criticism. He said that the City Manager interrupted a speaker when he was talking and a City Councillor felt compelled to tell the City Manager to relax. The City Manager is a smart and capable person but has resisted people who are opinionated. In Mr. Kaiser's opinion, the City Manager has held great resistance to alternative opinions. He stated that his hope is that there will be dialogue to resolve issues so we don't have to go to court. He stated that he believes that like baseball players, the City Manager can become a problem if he stays in the position too long. He stated that people lose skills after their peak. He stated that he is optimistic that in the coming years there will be an improved change where dialogue is important.

Richard Clarey, 15 Brookford Street, stated that the Monteiro case illustrates problems with the City of Cambridge's Plan E form of government. He said that this litigation was solely about race and it began in 1990 when the City Manager refused to interview Ms. Monteiro for a position in the city. He stated that Mr. Gomes, the Affirmative Action Officer at the time, got so angry and made life difficult for the City Manager. The City Manager then hired Ms. Monteiro because of this. She was always named as an Affirmative Action hire. Mr. Clarey agreed with Ms. Barnes that not much has changed. All the plaintiffs said in their complaint that they were treated as if they were inferior because they were hired under the Affirmative Action policy. They were called Affirmative Action hires in 1990 and that remains today. He stated that in Executive Session notes from 2009 Ms. Lukey, who was the attorney for the city, told the City Council that Ms. Monteiro's conduct was egregious. This is a disservice to the City Council. This was a twenty year vendetta by the City Manager, the Personnel Director and others. The Personnel Director was instrumental in blocking Ms. Monteiro's advancement in the city. She was made to fill out a questionnaire that no one else had to fill out. Mr. Savoy complained about this in court. She was treated badly when she was terminated in the middle of her case after the judge ruled that she could go to trial. He stated that the City Council could not do much when the wrongdoers include the City Manager and the City Solicitor's Office. As it relates to the Stamper case, he noted that the entire City Solicitor's Office was named in the complaint. He stated that the City Solicitor's Office kept facts from the Personnel Department who said they learned about the case in 2005 which was seven years after the MCAD case was filed. People were kept in the dark. He stated that he cannot fault the City Council for not policing this before 2008, and he stated that the City Manager and City Solicitor had kept the facts from the City Council. He stated that when a mostly white jury whacks the city with the highest punitive damage award for this type of case, the jury is saying that there is something very wrong going on with the conduct of officials. The City Council didn't do anything after the award. He urged the City of Cambridge to fire Joan Lukey. On appeal she spent one million dollars. He noted the necessity of an oversight committee as it relates to lawsuits. He said that the City Council cannot solely rely upon the Law Department to act in the City's best interests when the Law Department itself if accused of wrong-doing. He stated that the City Council must insist that people do not hide behind claims that keep lawsuit information from the people. He stated mistrust for the City Solicitor's Office and Attorney Lukey.

Heather Hoffman, 213 Hurley Street, stated that the city has learned nothing from this lawsuit. She stated that at the City Council meeting of the previous night the City Council was told that it had violated the Open Meeting law. She stated that Councillor Kelley has said in past that good things have not come out of going into Executive Session. The name of a lawsuit and other papers filed are public records, they cannot be litigation strategy, and there is no reason why the City Council should not be allowed to openly discuss those items. They cannot be things to be kept secret. The conclusions that one draws from them may be different, but their existence is not a matter of debate. She questioned how the City Council can take advice from people who give them such information. She stated that there is a sense of stratification in the nation between people in the community and the people at the top who must never be questioned, examined or anything else. People who have destroyed the economy suffer nothing except giant paychecks. People who have cost the city millions suffer nothing but adulation and giant paychecks. The only inconvenience to these people in power is that they occasionally have to listen to people saying rude things about them during public comment. She said there is this sense from the City's administrators that we can coast on good things we have and ignore the good people who live and work in Cambridge and want it to be the greatest place ever. We can punish people for suggesting that people at the top are not perfect. She stated that her favorite clients are the ones who question her and notice things that she may not notice. She stated that it is not shameful if you don't know everything and are not perfect. That is what we should learn from this case.

Vice Mayor Simmons asked if any of the previous speakers would like to add to what they have already said, before she closed public comment. Patricia Lewis testified that she is a lifelong Cambridge resident. She reiterated her concern that there are six more lawsuits pending. She asked the City Council and the committee to take a serious look at what is currently in place in the City for employees to go to for help when they feel that they have been discriminated against. She questioned if the Affirmative Action Department, Human Rights Commission and the unions are impartial when processing complaints. She stated that it is crucial that people are treated fairly and impartially when a complaint is made. She noted that she appreciates this meeting taking place and hopes that more meetings are forthcoming. She would like to see future meetings at a time when everyone can attend. She stated that in order for her to attend this meeting she had to take time off of work to be present. (Attachment A)

Sylvia Barnes added that she is hopeful that things will change with the new administration in July. She stated that this can be a new beginning and things will be better for all.

Public comment closed at 9:10am.

Vice Mayor Simmons then moved to the questions of the Civic Unity Committee Meeting Agenda (Attachment B). She asked what City policies, protections and safeguards were in place to address discrimination concerns at the time that Ms. Monteiro and other City employees filed their lawsuits against the City. Councillor vanBeuzekom stated that she was pleased with the outline of the Agenda.

Mr. Rossi stated that in terms of policies, protections and safeguards, the Personnel Department has the responsibility to represent all City employees. He noted that there is an Affirmative Action office, the Human Rights Commission and union representation that are available for people to go to informally for assistance. There are also organizations in the city such as the Disabilities Commission and the Police Review and Advisory Board as well. All of these offices and/or individuals can assist employees who have grievances.

Vice Mayor Simmons stated that she was appreciative of these various departments and organizations, but then she looked back upon her own experiences as a former city employee. She stated that at the time of her employment with the City in the 1980's, she was unsure that if she were to lodge a complaint, she would have gone to the Personnel Department. She noted that in her past experience she did not find Personnel would be the place to go. She questioned the role of the Personnel Department as it relates to a complaint from an employee who is having a problem with a direct supervisor. Mr. Rossi stated that in his early days in the city, a new employee would receive a booklet publication containing information regarding employee benefits and rights. Ms. Keady Rawson stated that there was a major revision to the Employee Manual in 2001. Mr. Rossi stated that the revised Employee Manual contains more depth. Ms. Keady Rawson stated that an exit interview is conducted with employees who leave the employment of the city. She stated that the City attempts to conduct exit interviews with employees who leave the city but noted that it is not always easy to get the employee to take the time to attend the exit interview. She stated that people are generally honest in these interviews because they do not feel that they have to hold information back as they will no longer work for the city. She noted that some departments conduct their own exit interviews. Vice Mayor Simmons asked what is done with information gathered from an exit interview. Ms. Keady Rawson stated that the Personnel Department looks for patterns and practices, especially in city departments in which the Personnel Department does not have frequent interaction.

Ms. Keady Rawson stated that the Personnel Department takes seriously the idea that they represent all employees. As such, if they do receive a grievance, they attempt to get all sides of the story. She noted that the Personnel Department has an open door policy for all employees. In terms of new hires, the employee receives an Employee Manual and orientation packet which includes policies and procedures of the city. Union employees also receive the Collective Bargaining Agreement which includes the grievance procedure. Vice Mayor Simmons requested a copy of the Employee Manual to be provided to her. She questioned that if an employee is not represented by a union and goes to a supervisor and/or the Personnel Department without relief, where would one go? She stated her belief that there should be an Employee Fairness Committee of some type. It seems that we might be better-served if there was a non-biased committee of employees that hears grievances and then reports to the Personnel Department and the City Manager so that we circumvent and provide remedies to employees to resolve disputes and hopefully avoid people feeling their only recourse is to file a lawsuit. Vice Mayor Simmons spoke of an employee who went through the channels with no relief and stated her concern that there is no other avenue to pursue. She noted that a suit could have been filed but it was not. She noted the need for a place that is provided to city employees before it reached the MCAD or court where these issues can be vetted out. She stated her desire to be proactive as opposed to reactive.

Mr. Rossi stated that he likes this idea. He stated that speaking prospectively, he will make the minutes of this committee meeting required reading for major department heads in the city. He stated that he welcomes conversations with city employee s who have an issue and would like to speak with him. He noted that he does not consider himself to be the sole expert. He will be willing to listen and stand corrected when necessary. He stated his offer is genuine and he would like to figure out a model moving forward. He stated that a committee of city people is fine but noted that some people may not feel comfortable with this model. He stated that he would like monthly meetings in departments wherein if there are any disputes or issues they can be addressed proactively. He noted his desire to see this happen and welcomed suggestions. He noted the valuable resources that the city offers and spoke of many talented people within the city who would like to act in the role as mediator.

Councillor vanBeuzekom asked if there was a catalyst in 2001 which prompted the revision of the Employee Manual. She questioned the existence of the Human Rights Commission prior to 2001. She asked what recourse Ms. Monteiro had at that time of her initial grievance. Mr. Rossi stated that there were many venues that one could go to such as the Personnel Department, Affirmative Action, Human Rights Commission or the City Manager's Office. Ms. Monteiro's action was filed in 1998. Councillor vanBeuzekom asked if the change in the policy was a result of this filing. Mr. Rossi stated that the reason for the revised Employee Manual was because personnel issues needed to be laid out in one document, and that much of the original manual had been drafted in the 1950's and was simply in need of updating. All of the necessary information was not in one document. He noted that there was a task force working on consolidation of information into one document at that time.

Councillor vanBeuzekom asked about exit interviews. She asked if the Personnel Department conducts these interviews and if they are mandatory. Ms. Keady Rawson stated that the Personnel Department encourages employees to come to the Personnel Department for exit interviews. Councillor vanBeuzekom stated that it would be appropriate to have a single department conduct all exit interviews. Her experience is that the ideal time for conducting an exit interview is on the last day of employment. She stated that this interview could be a requirement of leaving the employment of the city and could be an opportunity to uncover how the city can improve. She stated that the Personnel Department should be responsible for exit interviews as there would be consistency of data gathering

Councillor vanBeuzekom asked for the inclusion of the Employee Manual in the minutes of this meeting. Mr. Rossi stated that he will provide a copy of the Employee Manual (Attachment C) to each City Councillor and noted that this manual can also be found on Common Ground in the Employee Information section.

Councillor Kelley stated that his issue relates to the policy order that he submitted regarding the City Council's opinion on the Monteiro case. He stated that he has asked the City Council to take the position that what happened was wrong. He stated that claims are made and are dealt with. The Monteiro case is special because it rose to a unique level. He stated that the City Council never accepted responsibility. Acknowledgement of this by the City Council should be part of discussion. This is a huge omission.

Vice Mayor Simmons asked if the City of Cambridge has developed policies going forward that will ensure that a situation like the Monteiro case will never happen again. Mr. Rossi stated that he feels what is most important is that complaints not be allowed to linger or fester. He noted that time is of the essence and prompt action needs to be taken. He stated that when a person raises a concern they would like a response in a timely fashion. He stated that he would like to incorporate review sessions with the Personnel Department to deal appropriately with departments where there are problems arising. He noted that the most effective way to address concerns is take another look at the policies and procedures and the Employee Manual. He stated that offering alternative ways in which employees can be heard when they are not satisfied with the response could be beneficial.

Vice Mayor Simmons said that she appreciated this sentiment, but she asked what the City Council should do in these types of situations. She stated that some argue that the City Council has abdicated its authority. She stated that the City Council was all over the place on this and never spoke with a single voice, and she questioned what the City Council can do going forward to take a clear position in these kinds of instances. She said the City Council must accept some of the responsibility in this matter, and she stated that if the City council believes that there is a misstep, it is incumbent on them for an evaluation.

Councillor vanBeuzekom stated that she was not a City Councillor at the time that this suit was filed. She stated that based on what she heard in Executive Session, she understands why it was difficult to speak with one voice. She stated that the Monteiro case is hopefully different from any pending cases in the sense that the case involved the City Manager directly. Mr. Rossi clarified that the City Manager is the Chief Executive Officer for the hiring and firing of all employees and he could always potentially be named in any suit against the city. Vice Mayor Simmons stated that in terms of the suit it was the City of Cambridge being sued. Councillor vanBeuzekom stated that this conversation makes it clear to her that she does not have enough legal background to enable her to speak with one voice as it relates to the City Council. Vice Mayor Simmons stated that the City of Cambridge is bound by a restrictive charter in terms of the City Council's role. Mr. Rossi stated that these are difficult matters but noted that he cannot discuss what happened in those cases. Vice Mayor Simmons asked for clarity as to why this case cannot be discussed if it was settled. Councillor Reeves noted that it is not uncommon to have part of a settlement not be discussed, and that is standard fare in the legal business. Vice Mayor Simmons asked if there is a "gag rule." Ms. Glowa stated her agreement with Councillor Reeves in that certain aspects to some cases cannot be discussed and noted that in this case there was a confidentiality clause in the settlement agreement but the agreement has now been made public. Vice Mayor Simmons stated that it is important for the City Council to know if there is a gag order in place, as it would allow them to clarify to those who ask them about this case precisely why they cannot discuss it, so as not to appear that they are "seeking cover" to not discuss it. She noted that the goal is trying to find the place where we are better and have learned from this so that we can be a city where all employees feel valued.

Councillor vanBeuzekom then asked about confidentiality provisions. She stated that there is a court transcript so she doesn't understand why it cannot be discussed. She stated she believed that a public entity cannot sign such a confidentiality agreement. She spoke of a court case in South Hadley and stated that based on South Hadley it was determined that a municipality cannot sign a confidentiality provision. Ms. Glowa stated that this statement is not completely correct. She noted that the South Hadley case had to do with contents of a settlement agreement. The contents of the settlement agreement in this case have been released. Councillor Reeves stated that going forward he feels that the City Council does not have adequate legal representation which is understandable to all City Councillors. He stated that the role of the City Solicitor is to handle official business of the city. He wants to figure out how, in the context of Plan E, the City Council can obtain legal information and legal clarifications. He stated that at one time there were as many as seven cases by women alleging discrimination. He stated that the response was one of denial. This continued because the style was that the city has a deep pocket. He noted that various plaintiffs did settle and drop out along the way, and there has been this sense that "you can have as much justice as you can afford." Those that persevered were martyrs given the differential of powers. He told of two women in the Cambridge Police Department who were elevated to the highest positions that women have held in the department and that they were given the night shift. For them to be given the night shift was a particular problem. They both settled their cases with the city. He told of a library employee who felt that she was under surveillance. These things existed. He stated that he will not take credit for not speaking out to the question. He could not imagine most of this. Councillor Reeves stated his belief that the real problem is that there was not internal response that stated that "this looks bad." The City of Cambridge decided to be the deep pocket and it did not work. He stated that going forward; we should look at the climate of the city over the past 24 years. He stated that when he first came to Cambridge, if you were a police officer and you sued for promotion, you were marked and persona non grata. There was no minority or women in senior leadership. For a time things got better but even under Commissioner Watson, there were no persons of color in leadership positions at all other than him. He stated that leadership needs to reflect the city as a whole. It is imperative to create a climate where everybody feels that they can get justice. That is the biggest concern of people. He stated that an ombudsperson would be helpful.

Mayor Davis stated her agreement with Councillor Reeves regarding a better atmosphere. She stated that it is possible to create an ombudsman system in which people feel that they can be heard if they have concerns. It is imperative to get on top of these issues in the early stages. She stated that it is difficult to do all things right but it is imperative to figure out the direction of the city in this respect. She stated that she has led a process to attempt to take a difficult topic and move through steps that can be accepted by all. She stated the importance of the initiation of a conversation that is open to the public. She noted her desire to be constructive as the formative stage and formative process is very important.

Councillor Kelley stated that the City Council could have gotten its own counsel but the City Council as a body chose not to. He stated that he worries that the City Council looks too much to Executive Session to limit discussion, and he finds this frustrating because then there are things that he is not allowed to discuss.

Councillor vanBeuzekom stated that she is optimistic about the July 1, 2013 transition. She asked Ms. Keady Rawson if there have been any changes in the Personnel Department. Ms. Keady Rawson stated that when something important happens in the city, the Personnel Department looks internally to see how to move forward. She noted that the Employee Manual was a piece of that change. She noted that it is important to communicate and highlight procedures. She stated that the current administration has encouraged the Personnel Department to communicate more often and more frequently with city employees. The Personnel Department has partnered with Disability Commission to get information out to employees. There has been a concerted effort to be more visible. Vice Mayor Simmons asked Ms. Keady Rawson how this has been institutionalized. Councillor vanBeuzekom asked if there has been a meeting with department heads. Mr. Rossi stated that in individual departments where issues were arising or growing, there have been discussions with those departments. The City is a big organization. It is good practice to review policies that are in place. He noted that sometimes people can have their own interpretation of what the policy says and he noted that monitoring is important. Mr. Rossi stated that he will be re-visiting policies to ensure that procedures are being carried out properly and equally. Councillor vanBeuzekom stated that she recently received the policy regarding internet usage and questioned if there was a specific impetus as to why that policy was being reaffirmed. Mr. Rossi answered that it is helpful for policies to be reviewed periodically.

Mr. Rossi noted that it could be beneficial to have an employee forum where employees could come and talk to the administration about what is on the minds of employees. He emphasized that If employees have suggestions about techniques that have been mentioned, he is willing to listen to see if we can help include people more in how we think about resolving issues or disputes. Vice Mayor Simmons stated that this forum should include employees from all city buildings and departments. Mr. Rossi agreed with Vice Mayor Simmons in that it would be inclusive for all city employees. He stated that it would be a positive opportunity for anyone who wants to be heard. He stated that he would like to conduct meetings in different locations so this would be representative of all city workers. Councillor vanBeuzekom asked if the School Department would be included. Mr. Rossi stated that these meetings would not include the School Department as schools do not come under his direction.

Councillor Reeves stated that an employee forum to discuss issues is a step in the right direction because it would be a climate change. As he revisits some of the discussions with prior litigants, the most overwhelming part is that they didn't feel acknowledged. The thing that they couldn't get over is the city's response to their personhood and the feeling of not being acknowledged.

Vice Mayor Simmons raised the question of what mechanisms are available to audit the policies that are designed to address internal charges or harassment and discrimination. Mr. Rossi stated that people have the strength of the law behind them. You cannot ignore the MCAD or refuse to attend a grievance hearing. There are strengths in the law. The administration needs to be strong in its own evaluation of administrators. He stated that he will be working on Personnel Department evaluations of senior leadership and himself, and he recognizes that his own performance as City Manager will be regularly audited by the City Council. He noted that he will try not to take any information gleaned from these evaluations personally and is hoping that good comes out of it. He stated that evaluation of leadership will be important. Mr. Rossi stated that he takes meetings with organizations who are telling him of wrongful actions very seriously. Vice Mayor Simmons stated that the lack of any formalized, written policy of how various complaints are dealt with suggests that the City may not have an effective system of auditing how effective its policies are. She said that it may be beneficial to have a chart that would look at numbers of complaints in general and the process of how each complaint moves through the system from lodging of complaint to the outcome of the complaint. Councillor vanBeuzekom suggested a data table with pertinent information including department, type of grievance and the outcome. She noted that it would be interesting to see how many people went to what department. Mr. Rossi disagreed with the Vice Mayor's suggestion that the City does not have an effective way of reviewing how it handles internal grievances, and he stated that the origin of many issues is not discrimination. Many people do not want their issue as matter of record when contacting the Personnel Department. He noted that the city has very few cases that end up as court cases. Councillor vanBeuzekom stated that a data table is worth instituting at least as of July 1, 2013. Vice Mayor Simmons stated that having some formal, systematic way of collecting and preserving this kind of data may be a future recommendation of the committee.

Councillor Reeves stated that it must be acknowledged that the role of the City Manager is very powerful. He stated that he did not believe that a data table will be helpful for him because he does not believe in the structure that we have. He questioned how the Police Review and Advisory Board got combined with the Human Rights Commission. He stated that this combination has compromised each other quite a bit. He stated that at one time when these departments were separate and equal, he would send people to PRAB with the expectation that they would find some relief there. He stated that the Human Rights structure is not what it used to be. He stated that after July 1, 2013, it may make sense to review what is in place structurally. He noted his frustration in sending people through a process that does not work.

Councillor Kelley stated that the issue remains that the City Council needs to take ownership in the Monteiro case. He noted that he is pleased that city staff does not want to repeat the mistakes of the past, but that he is still looking for closure on the Monteiro case. He would have liked to have seen the City Council take a position. Vice Mayor Simmons asked Councillor Kelley for clarification? Councillor Kelley stated that he would have liked the City Council to send a letter to city staff and managers stating its unhappiness with the Monteiro situation. He stated that the City Council has dodged this issue for years and he does not want to be in that position again. He noted his displeasure that there is no way to get additional guidance as to what is currently in the court system regarding lawsuits. Vice Mayor Simmons responded that in terms of Councillor Kelley's desire to write a letter stating the City Council's position, Councillor Kelley has the right to bring a motion before the City Council.

Vice Mayor Simmons then gave a summary of information that was gleaned from this meeting. She noted that in the future she will attempt to schedule similar meetings later in the evening so that more people can attend. She stated that an Employee Oversight Committee or an ombudsman would be a positive step. She stated that employee forums would be beneficial to bring city employees and leadership together. She noted the importance of having a city that encompasses the climate of fairness and equity. She noted that the cultural competency is important. She stated that the Employment Manuel will be distributed to each City Councillor and noted that this information is also on the Common Ground home page. She affirmed the need for making exit interviews mandatory and having these interviews conducted by one department so potential trends will be identified. She noted that some new form of a mediation policy would be welcome, as would the systematic collection of all grievances filed after July 1, 2013.

Councillor vanBeuzekom stated that it would be beneficial to request that department heads read the minutes of this meeting. Mr. Rossi stated that he will ensure that this takes place. Councillor vanBeuzekom also suggested that the city look into its policy to allow mediation between parties before going to MCAD. She noted that she would like to see data collection in a systemic way starting on July 1, 2013 to see how many employees are using the system currently in place.

Councillor Reeves stated that July 1, 2013 should be viewed as a new day. He stated that women of color in this structure have been the most vocal and litigious group. He stated that he also knows men of color who feel as if they could never get a job in the city. This is part of the cultural perception. He would like to see more Asian and Latino employees. He noted that the administration needs to broadly reflect the City of Cambridge. He stated that people should be valued for their brains. Standards need to be equal across the board.

Vice Mayor Simmons thanked all those present for their participation.

The meeting was adjourned at 10:40am.

For the Committee,
Vice Mayor E. Denise Simmons, Chair

Committee Report #4
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on July 9, 2013 beginning at 7:12pm at the Cambridge Coworking Center, 101 Main Street, Cambridge, MA.

The purpose of the meeting was to explore the development of an open data ordinance in the City of Cambridge.

Present at the meeting were Councillor Leland Cheung, Chair of the Committee; Lisa Peterson, Deputy City Manager; Louis DePasquale, Assistant City Manager for Fiscal Affairs; Mary Hart, Chief Information Officer, Information Technology Department; Rebecca Rutenberg; and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were Harlan Weber, Richard Laskey, Ari Lev, Barry Walker, Kristen Merrill, Thad Kerosky, Nick Doiron, Rachael Stedman, Matt Cloyd, Code for Boston (CFB); Curt Savoie, Principal Data Scientist, City of Boston; Dan O'Brien, Research Director, Boston Area Research Initiative; Nii Armar; Joan Matsumoto, Deputy Government Innovation Officer, Commonwealth of Massachusetts; John Hawkinson; Saul Tannenbaum; Pam Decatur, Cambridge Innovation Center; Elsa Sze, Harvard Business School/Harvard Kennedy School; and Chris Whong, Socrata.

Councillor Cheung convened the meeting and explained the purpose. He stated that this meeting was taking place off-site as part of an ongoing effort to bring the City Council into local neighborhoods and communities. He stated that the City is in the process of re-evaluating how to better connect with residents. He noted that the Gartner Report outlined recommendations for the City and that the implementation of some of those recommendations is ongoing. He stated that at the last Cable TV, Telecommunications and Public Utilities Committee meeting there was a strong interest in an open data. He stated he and City Manager Rossi agree that the next step in moving the City forward regarding data access is the implementation of an open data policy. He provided the attendees with a list of brainstorming questions to use as a guideline in discussing this matter. (Attachment A). He stated that after the meeting he intends to create a Wiki which will compile the recommendations of the committee into a draft ordinance and crowd source the open data ordinance. He stated that the Guidelines for Open Data Policies compiled by the Sunlight Foundation (Attachment B) would be a good resource throughout the brainstorming process and noted that the timeline going forward would be a follow-up committee meeting on Aug 15, 2013, an additional meeting, if necessary, in late August and an open data policy being introduced to the full City Council at the City Council meeting of Sept 9, 2013.

Saul Tannenbaum stated that data is a resource. The nature of a municipality is that what it does is of interest to its citizens. He noted that cities are becoming more interactive with their residents by using technology via smart phones and applications. He stated that there is a tremendous amount of innovation around Cambridge in terms of municipal government. There have been attempts to open information up. Cambridge can reinvent its information technology services and decide at a policy level that the engine of the city should be open to anyone who wants information. The reality is that people can do many things with data if it is available. He told of a situation in New York City where there was odor emanating from the sewer system and because 311 data was available, the source of the odor was identified. That is the creativity that comes with open data. Councillor Cheung noted that the 311 pilot program is up and running in the city.

Harlan Weber stated that he comes from the viewpoint of a technologist. He stated that that attending this meeting is a group of volunteers who are highly motivated to use the talents they have developed for the good of the places where they live. They want to help. Right now they cannot help in Cambridge. He stated that programmatically, from a data perspective, they don't know anything about the City of Cambridge. He noted that things that are done in other municipalities and on the national level cannot be done in Cambridge because of the lack of access. He stated that people are unable to tap into a vast amount of talent in Cambridge. He stated that by opening data you are allowing developers within the community to help out. The community can be leveraged to champion these technological developments only if they are armed with data - currently they are not. From a citizen perspective, he urged the city to pursue the open data ordinance. Councillor Cheung stated that he would like to move the conversation in the direction of the guidelines of open data. He stated that it is important to know what the City Council should be focused on when reviewing a potential open data policy. He challenged participants to consider what the most important considerations should be in the beginning stages of implementing an ordinance, what components should be prioritized, and what components, though important, may not be crucial in the beginning.

Ari Lev stated that Guidelines for Open Data Policies does not reflect what an open data policy does and can do. He noted the need to recognize the difference between actual physical policy and what the policy means. Saul Tannenbaum stated that there are existing open data policies in other municipalities that are two to three pages long and written at the general level of policymaking. He stated that the Guidelines for Open Data Policies gets into the nitty gritty of implementation.

John Hawkinson noted that open data is a mindset, and that part of that mindset is for City staff to consider themselves as custodians of data. Open data polices will require people to think differently. He stated that there are priorities such as GIS data but noted that this data is hard to obtain and that current City procedure is to charge $75 to acquire a CD. He stated that GIS data is important because it is the basis of data. He spoke about new systems versus older systems. To take an existing system such as the City's Calendar of Events, there is no way to get data out usefully. He stated that the new Inspectional Services system is somewhat on-line but it cannot be downloaded. That is a problem. He stated that GIS data is a high priority.

Joan Matsumoto stated that what is going on is a culture change. It is about understanding the culture of people who do not consider themselves to be data custodians, but are intuitively data guarders and instinctively seek to protect data. The Information Technology Director has an inventory of data, some of which is sensitive. She stated the importance of integrating the idea that one of the values of open data is converting information into electronic records so there is not the need to have paper files as well as the issues of storage and retrieval of said paper files. She stated the moving forward, the mindset needs to be that all information will be open in the future. There is the need to speak in concrete and positive terms. She noted that the City of Boston site is a reflection of what is possible. She noted that Cambridge may not be the first but it certainly does not have to be the last in terms of open data.

John Hawkinson noted the importance of ensuring that the people who produce the data feel part of the process.

Curt Savoie stated that authority, governance and framework of standards are very important. Legal requirements regarding privacy are an issue. John Hawkinson stated the need for tools that make it easy, standardized and friendly. Curt Savoie stated that all of the different sources of data will have their own difficulties in producing their records.

Saul Tannenbaum stated that he is a taxpayer and he is asking the leadership to set a policy. He will expect leadership to be the one informing the City staff. He stated that City staff has heard these concerns for years and has not acted upon them. He stated that currently there seems to be a swell of grassroots interest spawned by what is happening in other places. He stated that in Boston the innovation comes directly from the Mayor's Office as a constituent service piece. He stated that the implementation will have many problems but once there is an open data policy there will be an implementation process. He noted the need for oversight that the policy is being adhered to.

Dan O'Brien stated that the philosophy is fantastic. There is also a practical side. He noted that when looking at other cities and sites regarding mindful usage of data, the lesson is to start small with those who want to and have the capacity to work with you. In Boston, they started by exploring 311 data to see what could be done with that information. The maps have been a big win in measuring neighborhood characteristics in real time. He stated that data can be shared and there is a purpose to sharing data. He stated that you have to be willing to work on one thing at a time. He stated that it is important to agree on general policy.

Ari Lev stated that everyone wants open data. He asked about concerns of City staff. He noted that this is the time for feedback. Councillor Cheung stated that his impression is that we are in the midst of trying to figure out how to use public data but noted that it is new territory for the City. The City is trying to chart a new direction for how data is used and how to teach people to establish the culture in the City. He asked what concerns City staff might have.

Lisa Peterson questioned whether all data needs to be in a standard format. Saul Tannenbaum stated that there is a standard format for certain data. He noted that there is other data that is very specific. He stated that information technology is very dynamic and will be forever changing. He stated that as new City systems come online, there are things that must be considered and adapted.

John Hawkinson stated that the most important thing is to have the data accessible. Without access, nothing can be done.

Ari Lev stated that the City of Cambridge Information Technology Department does their job well. He stated that open data does not need to be the way the public wants it, it should be what the City needs. Chris Whong stated that PDF documents are not helpful to data scientists. He stated that machine readability is the name of the game. Harlan Weber stated that he wants to let City staff know that the Code for Boston is a great place to ask questions. He urged the City staff to feel comfortable asking questions. He noted that there are a lot of qualified people that can answer questions and concerns. Code for Boston wants to help people move into the mindset of data sharing. The power of doing things through technology lets you reach many people efficiently. As a City you can maximize the good the people can do. He stated that when the MBTA made their data available, 65 applications were developed to track busses real time, but only three of them were made by the MBTA - the rest were developed by members of the community

Councillor Cheung asked about open data challenges that were encountered by Boston. Curt Savoie responded that Boston started with small projects. He noted that Boston does not have an ordinance on open data. There is no mandate. He noted that Boston has a performance manager who is the key person using data internally and holding departments accountable. Boston began doing things with iPhone applications that have received good press. This started to shift more departments to get on board. He stated that from a strategic sense, information technology as a whole has moved to more enterprised architecture by way of standardized servers and new platforms. As enterprise level systems come online, this provides more capability to do things. You have to take opportunities where you see them and use those opportunities as leverage. This creates incentive for people to want to get involved. Once people use it, trust is built. Saul Tannenbaum stated that within the Boston structure there are champions for this and noted that the mindset for open data starts at the top. Curt Savoie stated that in New York, Mayor Bloomberg sets goals, writes order, and then everyone jumps. He stated that unlike New York, Mayor Menino is working from the bottom up.

Joan Matsumoto stated that a way to bring enthusiasm to the open data concept is by creating competition. A good way to do this is to challenge City departments to come with a data set. This initiative could be open and unshaped or very direct. This may be a way to discover issues of concern.

Harlan Weber stated that he watched a presentation about research and analysis on 311 data. This research can help City departments figure out what they are doing. Dan O'Brien stated that it is hard work to make data open. They discovered that everything was built organically. He noted that there is a decent amount of legwork necessary to sift through the data and run queries to figure out how the information is organized, and what lies within the dataset... They discovered that there is an interchange of knowledge. The first month of work may just be finding out what is in files.

Richard Laskey stated that open data is about sustainability and interoperability. He stressed the need for all incoming software and programs to be held to a set of standards that can lend themselves to open data eventually. Curt Savoie stated that more times than not, the technology used for a certain line of business cannot handle it. One department that they are trying to monitor is transportation. He stated that they ran into an obstacle when looking at health inspection standards because Boston does not have a grade. The standard is created around a certain framework. They are going to be moving to housing inspection information but it is just coming online so they don't have data yet. Saul Tannenbaum emphasized the importance of an open data policy. He stated that technology gets refreshed over time. If a policy is in place, this would mandate specs written in such a way that systems are being built that are better able to have open data. That is a technological mind of reasoning that speaks to the culture shift.

Mary Hart stated that it is clear that people want access to data. She stated that it is exciting that the City has created a strategic plan. She noted that the Gartner Report is a baby step in the process and noted that the IT Department is optimistic moving forward.

Elsa Sze stated that every city is different. She stated that she has realized that each city and town operates on different principles. She stated that she feels that the priority should be on releasing data and then work on the policy issue. Regarding incentive, she questioned if Cambridge has a stat program related to performance measurements. She noted that a stat program would be good step as it may help city departments. She noted that the Harvard Ash Center for has a successful model for cities to emulate how to build open data and civic innovation.

Harlan Weber again offered the assistance of the Code for America Brigade Network. He noted that they can provide case studies and contact information to the city.

Mary Hart stated that she has been in touch with the Ash Center. She stated that it is essential for the City to have time to react. The strategic plan is being created. She noted that there is information that is ready for prototype. Saul Tannenbaum stated that the problem is that developing a strategic plan without considering open data creates a dichotomy that shouldn't exist. If the City Council votes on an open data policy, that will be a message to City staff. He stated that he is in favor of multiple tracks of service. Sustainability means that this policy is built into the strategic plan. To say that a policy is a distraction from a strategic plan is a problem. Councillor Cheung stated his belief that small projects and ways to get easy "wins" can be used to aid in the cultural shift. He stated that the policy needs to be scaled for a city the size of Cambridge.

Ari Lev stated that he disagreed with Saul Tannenbaum. He said that he does not know if there is a logistical way to implement this policy step by step. It would not be difficult to have a policy that states open data is important. He asked if there is a way to meet with someone within the City staff to investigate channels as to how citizens use open data. Ms. Hart stated that she has data on a DVD (GIS Data) which is accessible to the public. She stated that she has talked to Socrata (Chris Whong) and Elsa Sze. She noted that positive strides are being made but time is essential. She noted that in the meantime, she would be happy to look into GIS data to determine what can be done with that information.

Harlan Weber noted that it is important for the people who are creating the data to be excited about the sharing of that data. He stated that GIS data is a great place to start.

John Hawkinson stated that the policy is important. He stated that the ordinance is a check. It does not need to be extremely specific. He stated the need for guidelines to be consistent with the policy. He asked Ms. Hart why the information on the DVD is not available via the internet. Councillor Cheung stated that he would like to stay focuses on the big picture as opposed to specific inquiries. He noted that will be the process moving forward.

Harlan Weber stated that new information should apply to open standard. Having something that ensures compliance as part of the procurement process is good. He stated that policy will be informed as it evolves. Ms. Hart stated that much of the City's data is in standard format which is good news. She stated that when new applications are purchased, we take into consideration future needs. She stated that the permitting system is in-house. Data is in one department and is in a system that is forward-facing and accessible. She stated that the City bought a good system that was meant to be forward-facing to the public. She noted that there is the perception of a lack of transparency and that the City has tried to reverse that perception in the last six months. Harlan Weber offered assistance in setting up a data portal for GIS data. He stated that all of the developers at the Code for Boston are developers who do this work professionally. He stated that this is a standing offer.

Lisa Peterson stated that as it relates to a cultural shift, detailed policy is important. She stated that it is important for the City Council to have a discussion an open data policy. She stated that in terms of data sets, the City will try to make more data accessible but noted that time to assess this issue is essential. She stated that this issue should be discussed in the E-Gov Executive Committee.

Richard Laskey noted that the fact is that the City does have a budget with a certain amount of people that can work on this for a certain number of hours. It is about reorientation of services that should be provided. Lisa Peterson stated that privacy concerns are an issue when thinking about barriers. Councillor Cheung stated that he would love to hear more about what Boston is doing regarding data sharing. Curt Savoie noted that Boston schools and police have their own IT infrastructure. He stated that the data he has is not student or criminal information as there is a legal framework regarding publishable information. There are data fields that are published on the data portal. There is data that is not given to anyone such as some information from 311 calls. He stated that sensitive information is not published. He stated that he looks at data and then sits with the owners of that data. He noted the importance of working with owners who know their data intimately. That is the best you can do with a lot of the information. Councillor Cheung questioned if information can be coded ahead of time as it relates to personal data. Curt Savoie responded that they do not want to publish everything so it comes down to the dataset and how it is built. It is then coded as necessary. Dan O'Brien stated that the theme is that working with data can be a lot of work. Leveraging partnerships in the community is valuable. One of the great things about our region is that there is a lot of human capital to attack these projects. This human capital can bring skill sets that are not necessarily inside the building. He noted that much work will need to go into the critical thinking but that work can be leveraged. He affirmed that partnerships are a crucial piece to this sharing of data.

Harlan Weber stated that private data and sensitivity of such is what should be put into the open data policy. This policy can be defined for the City of Cambridge. Joan Matsumoto stated that piloting of the project is important. A pilot project will add more maturity to the policy. Saul Tannenbaum stated that although he is pressing for an immediate open data policy, he know that City staff has not had to deal with this type of thing, and recognizes that there is a whole set of skills, expertise and experience that will take time to develop. This is how he separates policy from implementation.

Harlan Weber stated that Cambridge has the opportunity to take a leadership position for comparably sized cities. He stated that there is an opportunity for Cambridge to think critically and set the tone for other cities. The work in Cambridge could be an example for other cities and towns.

Louis DePasquale questioned if there is any type of roadmap that would be beneficial to the City of Cambridge as it moves forward when looking at the best type of information that could be available. Curt Savoie stated that in Boston, he likes to work with departments that want to be involved in the process and that residents have been particularly interested in GIS, 311, public safety, health, building permits, citations, parking, infrastructure, and budget. Chris Whong listed Socratic's top ten areas of interest in data sharing: crime, restaurant data, permits, 311, zoning, property tax, locations of public facilities, business listings, financial transparency and performance metrics. Curt Savoie stated that 311 information sharing is easy. There is no public safety information involved. There are crime reports which do not include 911 data. He stated that regarding financial transparency, Boston was hit hard by the Massport grade of D-. He noted that Mayor Menino was not pleased with this rating so the Chief Financial Officer and Chief Information Officer are now building an open checkbook application to address this concern. He stated that sometimes a bad grade is necessary to light a fire for change. Mary Hart stated that part of the cultural shift will include the data guardians and encouraging people to view themselves as data stewards. Curt Savoie stated that the data is about people and the life of people within the City. That becomes a key motivator in why data is put out. Lisa Peterson stated that it is about delivering a service. Curt Savoie stated that it is about democracy and engagement of the public, and is a unique way of allowing the City to tell its story. Matt Cloyd stressed that it is important for the City to introspect and consider what it hopes to improve, as you cannot improve what you can't measure.

Elsa Sze stated that open data is a means. What will make sense is setting goals that are related to improving quality of life and aligning that with open data objective. Another goal would be set up of an ecosystem of developers who would access certain types of data on a regular basis. This is where the policy comes into play by setting goals for city staff to work towards implementation.

Nick Doiron stated that there is always a conversation going on about your City in social media. People want to see the City of Cambridge taking part in this conversation so that they are being informed by an authoritative voice. He stated that data also needs the same authoritative voice from a City source, but that it is a bit more complicated. If data is posted in a way to be accessed and shared it then becomes authoritative and valuable. The City can decide what it posts so it can be used as a tool.

Harlan Weber stated that it is about people. He stated that the number of applications for the City is not important. Power and breadth of technology to enact change is what is important. He stated that open data is a tool. It is what helps people do their jobs better. He stated that to make change, we need data about the place where we want to make that change.

Councillor Cheung stated that there will be follow-up via e-mail regarding next steps. Harlan Weber offered Code for Boston's assistance and guidance and noted that the group meets every Tuesday evening.

Councillor Cheung thanked all attendees for their participation.

The meeting adjourned at 9:02pm.

For the Committee,
Councillor Leland Cheung, Chair

Committee Report #5
The Ordinance Committee held a public hearing on June 19, 2013 beginning at 4:35pm in the Sullivan Chamber.

The purpose of the hearing was to discuss a zoning petition from Jenny Popper-Keizer, et al., requesting the City Council amend the Zoning Ordinance and Map from SD-8A to Residence C-1 in the area bounded by Allston Street to the north, Putnam Avenue to the south, Sidney Street to the west and Waverly Street to the east.

Present at the hearing were Councillor David Maher, Chair of the Committee; Vice Mayor Simmons; Mayor Davis; Councillor Reeves; Councillor Kelley; Councillor Cheung; Stuart Dash, CDD; and City Clerk Donna P. Lopez.

Also present Charlie Marquardt, 10 Rogers Street; John Hawkinson; Anthony Galluccio; Vivek Sikri, 64 Allston Street; Donald Grossman, 179 Sidney Street; Scott Oran, 101 Huntington Avenue; Linda Haas, 19 Peters Street; Mike Connolly, 20 Harding Street; Makayla Stead, 18 W. Wyoming Avenue, Melrose; Mike Stead, 598-602 Putnam Avenue; James Williamson, 1000 Jackson Place; Zarrintaj Foster, 577 Putnam Avenue; and Charles Teague, 23 Edmunds Street.

Councillor Maher convened the hearing and explained the purpose. The meeting is being recorded with audio and visual devices. Councillor Reeves stated that he and Mayor Davis would leave to attend a graduation.

Vice Mayor Simmons stated that she also had a conflict. She saw the presentation at the Planning Board last night. She has concerns about the change, density and parking. There was a request to reduce the parking by 9 spaces. She is concerned about the height. She would like to see larger, three bedroom units.

Councillor Maher started the meeting with a presentation from Vivek Sikri, the property owner and then the public.

Mr. Sikri talked about preserving the Cambridgeport neighborhood. It consists of one and two family homes. A triple-decker is very dense. There are also single family homes in the area. He has a community at his doorstep when he leaves his home. In C-1 you have a yard and talk to your neighbors. In SD-8A you have a corporate setting. He explained why SD-8A was created. This was intended to be a transitional district and to encourage housing development. The railroad provides a natural boundary. Residential property is becoming profitable and commercial is moving out. He compared the FAR, minimum lots and maximum heights in Residence C-1, SD-8A. He spoke about dwelling units which would cut off Fort Washington Park. The Towards a Sustainable Future document talks about maintaining the human scale, building on rather than replacing, strengthen the distinctive neighborhoods and protecting special environments. The parcel in question is the right place for larger units. Families need space. This area is a 15-minute walk from the T. This is the wrong place for higher density. Higher density should be closer to the T. There is no need to incentivize housing. All types of housing must be provided. Commercial, research and development is moving away. A buffer from Fort Washington is not needed. Fort Washington Park has survived. He suggested extending C-1, which is already dense and encourage responsible development. All types of housing stock must be increased. The diversity of housing allows the diversity of community. Down zoning would not be precedent. There are reasons to keep SD-8A. Housing units must be maximized, but not at the cost of a community. Housing cost needs to be reduced. NorthPoint is on the upswing. He summarized the petition (ATTACHMENT A). We need to think about the big vision, not big buildings.

Scott Oran, developer of the four parcels stated that the property was purchased on Feb 2, 2012. A written protest has been filed with the City Clerk. A special permit was filed in March. The Planning Board's public hearing was held on Apr 17th and was continued to June. There was good recommendation to improve the project. He met with neighbors and improved parking and opened their public space. This is not the appropriate venue to review the project. He felt discussing the project was more appropriate at the Planning Board.

Donald Grossman, 179 Sidney Street, spoke about the previous rezoning in 1991-1992 that included SD-8A which was a compromise between residential and commercial property owners in the area. This area was previously down zoned. His building's FAR is 1.0 and will continue. He does not think that commercial uses are fleeing the area. He stated that the as built density needs to be reviewed now. There is about 100,000 square feet of build out in the area immediately abutting the area being down zoned. He hoped that the previous down zoning be respected as people have made investments.

Linda Hass, Peters Street, supported the petition. Families with children have left the area because of the size of housing. She would like to see larger units built. Density in general is a concern. Across the street from the proposed development a 44 unit building was just built. She wanted containment of the growth of larger building. She spoke about the parking concession. She stated that the parking would be paid for separately by the residents of the building. The issue is not just the number of the parking spaces but the increased traffic. She sees more cars coming into the area which makes parking more difficult.

Mike Connelly, 20 Harding Street, supported the petition. He is concerned with parking and density in this area. With the proposed changes at this lot the family-friendly atmosphere will not be preserved.

Mike and Makayla Stead, 596 Putnam Avenue, stated that he was in opposition to the proposed building. Ms. Stead stated that the building is too big. Mr. Stead stated that height does not fit the neighborhood. The development is not family-based. This is the appropriate forum to hear this petition. He raised the parking issue - during the presentation at the Planning Board it was stated that there are 1000 parking space available. There are about 200 spaces in the area. People are going to be asked to walk to Central Square to find a parking space when they own property. We are allowing one person to change the character of the neighborhood. If one person wanted to protest a roof deck they could stop this. As an abutter this development affects me more than most; I live right next door. He spoke about health issues, dust, from the construction. What is under the ground - rats - when the construction begins? Noise, equipment and environmental issues were his concern. The development will have 107 units with parking for a fee. Parking issues are magnified. The city will not allow developer to provide affordable parking. The long-term effects are not good.

James Williamson, 1000 Jackson Place, stated that he lived previously on Perry Street for 35 years. He is sympathetic to the concerns of the residents who live in this area for the massive development. He spoke about how Cambridge has circumvented the parking freeze. Look at where Cambridge is with the parking freeze; is Cambridge in compliance with the parking freeze. He spoke about the ethanol transportation. One of these transportation routes will be in this area. There is a risk in this area if this is allowed to go forward.

Charlie Marquardt, 10 Rogers Street, stated that the focus must be on the down zoning. He lives in a tall building and knows his neighbors. He does have concerns about the ethanol transportation. This concern is there whatever the zoning is. We need to address the issue that Cambridge is facing. Cambridge needs more housing. He stated ask the developer to put more 3 bedroom units. It is not fair to the developer who purchased the property and now we have to wait to house people. The MIT students could live in these units.

Zarrintaj Forster, 577 Putnam Avenue, stated that she is concerned about the density. She would like to see more, larger spaces. She was also concerned about the parking issue. She does not want the parking being an option to the residents.

Charles Teague, 23 Edmunds Street, spoke as the Vice President of the Association of Cambridge Neighborhoods. This looks a lot like the Fawcett proposal. Both proposals have a lack of coherency with the neighborhoods. They are large rental building being vetted in the community. There are thousands of units for housing in Cambridgeport and NorthPoint. We have an opportunity to build on the long-term community.

At this time Councillor Maher entered into the record the following two communications:

Communication from Saul Tannenbaum in opposition to the Popper-Keizer zoning petition (ATTACHMENT B).

Communication from Matthew Ponzio, 68 Allston Street, in support of the Popper Keizer zoning petition (ATTACHMENT C).

On motion of Councillor Kelley public comment was closed at 5:30pm.

Councillor Maher stated that this petition expires on Sept 16, 2013. He asked Mr. Dash when the Planning Board heard this petition. Mr. Dash responded that the Planning Board heard the petition on June 18, 2013 but will have a full discussion during the summer. The recommendation will be prepared after the summer meeting.

Councillor Kelley asked about the timing of the petition. He stated that there is a conflict in the Zoning Ordinance. The railroad spurs in his opinion had a different set of uses years ago so the incentive was to bump up the residential; this need no longer exists. This is causing bigger projects in places where they should not be. He asked if this were proposal were C-1 the area above and below it will be SD-8A. Mr. Dash responded in the affirmative.

Councillor Kelley stated that if the area were C-1 what is being proposed cannot be built. Mr. Dash mentioned the maps that were the staff analysis of the petition (ATTACHMENT D-1 & D-2). Councillor Kelley stated that in C-1 with the bump up is more in keeping what was there. It would be nice to have the Planning Board look for the zoning anomaly. The system is broken and causes conflict. He feels that fault lies with the Planning Board and the City Council. It would be good to avoid this conflict in the future. Mr. Dash stated that SD-8A are active uses in industrial areas.

Councillor Maher stated that this will be left in committee. Another meeting will be held on the petition. He noted the issue of timing of the petition as mentioned by Councillor Kelley He stated that the public will be kept informed.

Mr. Stead asked if the Planning Board goes to the site so they understand the site. Councillor Maher stated they are receiving plans and know the site. Some members do visit the site.

Councillor Maher thanked all those present for their attendance.

On motion of Councillor Cheung the hearing adjourned at 5:42pm.

For the Committee,
Councillor David P. Maher, Chair

Committee Report #6
The Economic Development, Training and Employment Committee conducted a public meeting on Thurs, June 13, 2013 beginning at 2:05pm in the Sullivan Chamber.

The purpose of the meeting was to discuss how Cambridge is marketing Innovation city-wide.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor van Beuzekom; Councillor Kelley; Councillor Cheung; Deputy City Manager Richard Rossi; Brian Murphy, Assistant City Manager, Community Development Department (CDD); Lisa Hemmerle, Economic Development Director, CDD; Chris Basler, Project Planner, Economic Division, CDD; Pardis Saffari, Associate Planner, Economic Division, CDD; Matt Nelson, Chief of Staff to Mayor Davis; Jason Alves; and City Clerk Donna P. Lopez.

Also present were Mark Kusdorf, Founder, Intrepid, 322 Third Street; Sean Clemens, Apprentice, Koa Labs, 66 Church Street; Terry Smith, Director of Government Affairs, Cambridge Chamber of Commerce; Michael Grill, Fairlane Properties; Tom O'Brien, Managing Director, HYM Investment Group; and Robin Lapidus, Central Square Business Association.

Councillor Toomey opened the meeting and stated the purpose. Kendall Square is the busy place for innovation and startups. This meeting is to see how all share in the innovation and startups that come to Cambridge. Councillor Toomey stated that this is a conversation. One of the biggest questions is the obstacles that prevent companies from coming to Kendall Square and how to overcome them. How do we get the word out for startups beyond Kendall Square? It is time to expand innovation beyond Kendall Square. If there is no space in Kendall Square companies are going to the Boston Innovation Center. He stated that he wants companies to look for space within Cambridge.

Mr. Murphy stated that Cambridge has companies of all sizes in the city. He does not want Cambridge to be known as the place for only large companies. Kendall Square may be too expensive or may not make sense for some companies. Cambridge is competing with Boston. Cambridge is where innovation actually happens.

Ms. Hemmerle spoke about perception versus reality. The city is promoting all the areas of the city. She spoke about the price for space in Kendall Square, $47.00 a square foot. Access to the Redline will continue to be a draw. She spoke about education about Hubway and Zipcar as different modes of transportation other than the Redline. Lack of office space in Cambridge will be a problem until the completion of NorthPoint. There are 13 incubator spaces. The city is open to promote different areas of the city.

Ms. Saffari spoke about the new resources. A map was created showing the incubator spaces and startups. She spoke about the Accelerator Program. Companies with more than 3-5 people are looking for other space. Ms. Hemmerle spoke about available space under 3,500 square feet - the majority of these spaces are in East Cambridge. Mr. Basler added that when the Economic Development Division is contacted a costar report is run for the entire city so that they can compare space and rents.

Councillor Toomey stated that the zoning required 10% be provided for innovation space; is this a hindrance?

Mr. Kusdorf stated that he grew a startup with 3 employees at CIC. A co-working space was created because they could not obtain 3,500 square foot space. The problem is the 5-15 employee flexible space. He urged space for companies to grow. He stated his issue at Intrepid was he looked at 3,500 square foot space, but he did not want to hire an office manager. And the - person-to-person contact and collaboration was missing. Companies want to be in a space where they can grow and collaborate.

Ms. Lapidus spoke about vacant space in Central Square. Mr. Kusdorf explained that the investment to start the space was equivalent to rent for one year.

Michael Grill stated that Geek Office has 20 companies. They focus on long term tenants because they are in Inman Square and are not close to the Redline. As a landlord it is important to stress that Inman Square is a good place to locate innovation. There are 35 restaurants on Cambridge Street. The Geek Company is a program where you can rent space for 5 employees. The Cambridge market is tremendous. An article in The Globe made it sound that the only space marketed by the City is Kendall Square. He has run Geek Offices since 2009. The city has done things to distract from their business. He stated that there are three Zipcars in front of his business. City has been helpful in many respects. PTDM has put a constraint on tenants and where they can park. It is hard to welcome tenants and tell them they cannot park. The PTDM program is discriminatory throughout the city. He explained an instance where a prospective tenant was so fixated on locating in Kendall Square. He urged that all the squares should be marketed. He urged advertisement of 69 bus and the CT. The 69 bus schedules are handed out to prospective tenants. He suggested that the city publish the frequency of the CT and 69 bus routes as well as putting the bus routes at the Hubway stations. His rents are $19-$21 per square foot. He praised the cooperation of the Assessors Department.

Mr. Smith stated that Inman Square should be marketed as a square that is half way between Harvard and Kendall Squares. There are 21 buses that come through the city. He felt transit should be promoted. People want to be in Kendall Square. If not located in Kendall Square the possibility is the entire world. Entrepreneurs and innovators are across all industries. If the goal is to make business welcome we need to make it welcome for the whole city where business can be conducted. He spoke about vacant building and the regulatory process of the city is not a process that business wants to undertake. He urged reconsideration of the housing for the Concord Alewife area. He spoke of a commercial building on Huron Avenue that has been vacant for four years. He spoke about the problems of non-conforming properties, supply and demand.

Councillor Kelley stated that the zoning that was created decades ago does not reflect what is done today. The uses need to be reviewed and zoning needs to be fixed.

Councillor Toomey spoke about the parking issue experienced by Mr. Grill. Mr. Grill stated he can use his parking lot, but the PDTM with the commitment made by the previous owner requires 50% SOV. He has been asked when his next Transit Fair will be held.

Ms. Lapidus commented that any place in Cambridge is a great space. This is a good market. Another good marketing aspect is anywhere there are restaurants. She advertised the "Taste of Cambridge". This is an incredible community event, it is economic and ethnic diverse. All the business associations should have a community relationship with the restaurants. Restaurants are our assets.

Councillor Toomey asked about the 10% innovation requirement in the MIT zoning petition. Mr. Murphy stated that t is not about rents; it is trying to respond to the market. Kendall Square is where larger companies want to be located. Realty is that the demand is still strong in Cambridge. The City is trying to accommodate people who want to locate in Kendall Square. Cambridge is a small city. There is still a lot of push to come into the area; but it will not be overwhelming.

Michael Grill spoke about biotech having to be in Cambridge. He would like to work on the idea that Inman Square is more East Cambridge. He urged using East Cambridge rather than Kendall Square. Mr. Smith spoke about the opportunity to fill in gaps in Central Square. He feels it is not right for a single story building to be on Mass. Avenue or Cambridge Street because they are main thoroughfares near transit modes. He stated that maybe it is time to add floors to buildings. Councillor Kelley again spoke about uses in the zoning ordinance. If innovation is citywide we need to look into the zoning ordinance uses. Councillor Toomey stated the reality is that those were not thought about when zoning laws were written. Mr. Smith stated that the direction that we have been going in for the last 30 years is more restrictive rather than less restrictive. The fact that a 7,500 square foot building is sitting empty and cannot figure out how to make it work is a tragedy. Councillor Cheung stated that at last meeting, the Table of Uses was going to be looked at. Mr. Murphy stated that it has not been as much of a priority as has been K2 and C2.

Councillor vanBeuzekom asked for sense of barriers or hurdles. Ms. Hemmerle stated that the average rent in Kendall Square is $47. A square foot for office and will be increasing. We market Cambridge. Opportunities are shown to businesses citywide. Certainly, if they are looking for lab space, most will be in the Kendall Square area. She can see that helping startups will spread to other areas of the city that have office space. Ms. Saffari stated that space in general is very tight so CDD is showing everyone everything but they are looking for space that fits their needs. She stated that Cambridge is small in the sense that there is not a lot of space.

Councillor vanBeuzekom asked how many companies are able to hook up with resources in the city? Ms. Saffari stated that there are multiple ways people contact CDD. They do office hours to connect with people and they try to have relationships with landlords to let the city know of available space. They conduct approximately 100 searches per year. This is both for retail and office space. Mr. Basler stated that the key component is the idea that we are always pushing Kendall Square. There are very few printed materials that single out Kendall Square.

Councillor Toomey asked if CDD meets with the realtors of the city to talk about all areas of the city and encourage them to be more active in marketing. Mr. Basler stated that they do not list properties on costar. They can fill out a form on the website listing their property; most of the time this is for smaller spaces. Councillor Toomey suggested that the realtors be invited for a get-together with CDD. A follow-up meeting to engage realtors might be helpful. Kendall Square is going to be the first place everyone thinks of. That is a natural draw because of MIT and everything else that is going on there. He encouraged a forum or gathering with the realtors.

Councillor Toomey stated that the City Council changed the zoning from commercial buildings to encourage residential. He questioned if that is adding to the squeeze. He asked what impact that had.

Mr. Rossi stated that the City has had big meetings with Central Square realtors. They were invited to speak to the city to give views on the market, its challenges, what the city can do to encourage more businesses. There is a model for that and we can certainly do something like that and maybe break it up into zones. Councillor vanBeuzekom asked Mr. Rossi what percentage showed up. Mr. Rossi stated that Central Square was driven by Carl Barron. Central Square is organized in this area where large property owners meet regularly. He does not think that it would be difficult to do. It was a good conversation. Councillor vanBeuzekom asked when the last meeting was held. Mr. Rossi responded last summer.

Mr. Smith stated that if CDD wants to work with Chamber to pull something together with brokers, he would offer his assistance in this regard. He questioned that there are about 1 million square feet of commercial area in Kendall Square. Mr. Murphy stated that there was more than that. Mr. Smith stated that some of the commercial that is coming on for specific tenants will open up space that the company currently has. Is there a sense of as those buildings come on line, whether it will create enough change in the market to change the pricing? Mr. Murphy stated that is difficult to say at this point. To what extent, it depends. Mr. Rossi stated that Bob Reardon, the City's Assessor, would be valuable to have in this conversation. Mr. Smith stated that understanding barriers is important. There are properties used in a specific way because of specific variances.

Councillor vanBeuzekom stated that the City Council asked when Vertex leaves, what happens to the vacuum? The answer from the CDD is that this space would be filled. Some of those uses are planned to be converted to a new use such as housing; with an entity that is currently using space. We must think about buffers between high-use commercial buildings close to abutting residential neighborhoods. She does not know how to deal with that and we are trying to aim for mixed-use but we must blend these together and be mindful.

Councillor Kelley stated that chunks of our zoning have a predilection towards housing. That is to some extent reflective of an old thought of what these uses would be. When it comes to noise, his experience is that the neighbors can be noisy as well. When talking about noise, commercial uses are not necessarily louder than smaller residential spaces.

Ms. Lapidus stated that there are people who feel that start-up companies are sometimes more attracted to Boston because of night time activities. Some restrictions on late night activities in Cambridge can hamper activities. Landlord education is very important. When Central Square has large spaces, dance groups and fitness clubs are drawn to these spaces. Central Square is a cultural district.

Councillor vanBeuzekom stated that all of this new space will open. She asked are we confident that this space can be filled? Ms. Hemmerle stated that these spaces will relieve some of the pressure. Mr. Murphy stated that the market is competitive. He further stated that there is confidence in the Cambridge economy. There are recession resistant anchors with Harvard and MIT. Mr. Rossi stated that the tax rate is also a benefit.

Councillor vanBeuzekom asked if it is possible to keep track of the vacancy rates. Ms. Saffari stated yes for office and lab space, however, retail is harder. She stated that the CDD uses combined data to look at availability and vacancy. Ms. Hemmerle stated that the vacancy rate was 7.3% is for office. Councillor vanBeuzekom asked if it is combined lab and office space. Ms. Hemmerle responded in the affirmative.

Mr. Murphy stated that the city is in a good place. These are problems of success. We have a healthy economy in the city.

Councillor Toomey thanked all those present for their attendance.

The meeting was adjourned at 3:24pm.

For the Committee,
Councillor Timothy J. Toomey, Jr., Chair

Committee Report #7
The Economic Development, Training and Employment Committee conducted a public meeting on Tues, June 18, 2013 beginning at 11:04am in the Sullivan Chamber.

The purpose of the meeting was to discuss the economic benefits of the Arts in Cambridge.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor vanBeuzekom; Vice Mayor Simmons; Councillor Reeves; Councillor Cheung; Richard Rossi, Deputy City Manager; Brian Murphy, Assistant City Manager for Community Development (CDD); Lisa Hemmerle, Economic Development Director, CDD; Chris Basler, Project Planner, Economic Division, CDD; Jason Weeks, Executive Director, Arts Council; Jason Alves; and City Clerk Donna P. Lopez.

Also present were Max and Mara Ellsworth, 16 Chauncy Street; Michael Bonner, 20 Forest St.; Ilan Levy, 148 Spring Street; Nadeem Mazen, 73A Magazine Street; Julie Wasserman, 34 Second Street; Lucy R. Valena, Voltage Coffee and Art; Heather Hoffman, 213 Hurley Street; and Mark Jaquith, 213 Hurley Street.

Councillor Toomey opened the meeting and stated the purpose. This meeting is not exclusively about the Foundry building. This is to discuss arts and its economic benefit and how it impacts the City. He is focusing on Kendall Square. There are new residential, high tech businesses in that area and he wants to see how the arts will benefit this area as well as to bring in new businesses to the area. He asked Jason Weeks to discuss the arts.

Mr. Weeks stated that all neighborhoods and business districts are busy with new programs and festivals. The atmosphere is strong and vibrant. Central Square was named a cultural district. With this branding we have had time to think about organizing activity and building an audience for everyone. The Together Festival and the Taste of Cambridge helps build an audience and bring people from outside of Cambridge into the City. These people visit restaurant and businesses. He spoke about keeping the arts community on the map along with the business and tech community. It is difficult for arts to find space. He works with Tim Rowe to activate space.

Councillor Toomey asked Mr. Weeks to speak on the Central Square cultural district. Mr. Weeks stated that communities can have multiple cultural districts. Lesley Art Center will be coming to Porter Square. The Central Square cultural district will have all efforts work together, marketing, and branding, dance complex, etc. This can be discussed with the business community including the Harvard Square Business Association, the Kendall Square Association and the East Cambridge Business Association. He has reached out to the Mass. Cultural Council. There are 225 arts and cultural districts around the country. No City has 2 cultural districts. There is no funding attached to the cultural district.

Lisa Hemmerle, Economic Development Director, stated that the National Foundation of the Arts will work with the Bureau of Economic Development and will do an analysis on the impact of the arts on economic development. Councillor Toomey asked Mr. Rossi if a study was every done on economic impact of arts. Mr. Rossi stated that Ms. Culbertson may have information on this. He will get this information.

Councillor Toomey opened meeting to the City Council for comments or questions.

Councillor Reeves commented that he does not believe a study has been done on the economic impact. The Central Square Theater has data on who goes to the theater. This info does exist, but he does not know how much data exists. The Public Celebration is going to NY to look at entities in the NYC program of arts into public spaces. You can take money and create money. The Jose Mateo held a 5 stage all day extravaganza on the Cambridge Common and this shows that excitement exists. He further stated public bathrooms will also be visited in NY.

Councillor vanBeuzekom thought she would look at the study done on the arts at this meeting. She spoke about performance arts, public art, and art museums. She thinks about the art clusters. There are so many different ways to look at the arts. She is looking forward to information from Ms. Culbertson. She spoke about the filter for homes for net zero and creating a map of art location that will add to economic development and the quality of life.

Vice Mayor Simmons she is excited looking at the economic importance of arts in Cambridge. She thinks it is huge. She spoke about all the independent artisans. She hoped for an arts inventory in the City. As arts is limited by finance the independent artisans is important and how can we support the arts in Cambridge.

Councillor Reeves stated that the gold standard for the arts is in Austin, Texas that has taken the arts and developed 200 different venues for the South By Southwest. The South By Southwest event is a 10 day musical festival. The Together Festival is Cambridge's festival. He spoke about the music schools in Cambridge. Cambridge is trying to nurture what is here. The Middle East is where musicians gather and play.

Councillor vanBeuzekom asked if the City look at economic benefit for city and the residents.

Councillor Toomey spoke about Shakespeare on the Common. The issue is how to bring more people in and to utilize our spaces; this is what we are looking at. When Councillor Reeves comes back from NY a joint meeting will be scheduled to discuss what the best way to approach this issue is. Councillor vanBeuzekom asked about the Art Council structure. Mr. Weeks stated that the Arts Council gets involved as a funder and producer. The Arts Council supports the "can do" ideas of the arts. There is a new tool on line called Arts Boston who launched this arts initiative. Audience needs to be understood to connect the art

Councillor vanBeuzekom asked Councillor Cheung to discuss his Neighborhood and Long Term Planning meeting. Councillor Cheung explained that this information was in a committee report that was part of the June 17th Agenda. The arts are vibrant in Cambridge and broken down to different sectors. This is not geographically centered. He spoke about the connection and there is no central space to check with these groups.

At 11:35am Councillor Toomey opened the meeting to public comment.

Max Ellsworth, 16 Chauncy Street, spoke about the community programs that were eliminated at the Longy School. This is disruptive to the community and arts. The Foundry building is an opportunity where they can continue their music study.

Mara Ellsworth, 16 Chauncy Street, stated that an indoor anchor space is needed in Cambridge to play music and create art. The weather in NE is usually poor. She wants to claim the Foundry for the arts. She does not know why an economic study is needed. She would focus on creating a large building for arts in Cambridge.

Michael Bonner, 20 Forest Street, stated that the arts need a home in Cambridge. The economic reality is that the arts need space and it is expensive. He spoke about the Longy program being eliminated. Cambridge Family Opera and the Debra Mason School of Dance are homeless and this population is large. If you build it they will come. The Foundry is a good site. A focal point is needed in Cambridge for the arts.

Nadeem Mazen, 73A Magazine Street, stated he runs projects for after school children. He teaches entrepreneur ship to artists. He spoke about economics of the art entrepreneurship. It is important that there is a space for the arts and to show the quality of life improvement. Artists can be taught to make a living. This must be supported. It takes a concerted, local effort to get this going.

Julie Wasserman, 34 Second Street, read a prepared statement (ATTACHMENT A).

Lucy R. Valena, Voltage Coffee and Art, stated that she is tired of see her kooky art friends moving away. She spoke about the Foundry building as being a good site for the arts. She spoke about the tech, business and the arts that could be made in Kendall Square.

Heather Hoffman, 213 Hurley Street, supported the Foundry for a site for the arts. She spoke about arts as a human aspect. Art creates our community. She likes that Somerville has fire hydrants and electrical boxes painted. Art lifts your soul. The city needs art and art in all ways. Little kids art is amazing. Art is done for love and to make a living. Open space and art is needed in Cambridge.

Mark Jaquith, 213 Hurley Street, spoke about the quality of life. He does not need a study to understand this. The Foundry building is open and if something wonderful does not happen there it is a mistake. Arts will increase the quality of life.

Lise Campbell, lost her art home "Beyond the Fourth Wall". She now works for the school. She stated that she would love Cambridge to rise in its arts. If all resources were pooled it would help the arts.

Debra Mason stated that the arts create enrichment and you cannot place a dollar amount on this. This enriches the youth.

Councillor Reeves stated that Harvard Square has the American Repertoire Theatre. There is also an underground arts movement in Cambridge. He spoke about a Church that has been used for a music school. He mentioned the son of one of his colleagues who goes to a singing teacher and there was a recital at the Masonic Temple. There is a lot going on in Cambridge. His heart went out to Longy School students. He stated that there will not be a free rent home for the arts. He is not sure that the Foundry will be used for the arts. The city gave $75,000 for the dance complex as a down payment and it is now self sufficient.

Councillor Cheung stated that he worries about losing ground in the arts. Cambridge has much art to experience. There are world class museums. He supported the arts community. It is not just the building it is the programmatic aspect. He is not interested in selling the Foundry. Community arts, multi cultural arts center and Maude Morgan are arts centers in the City. He questioned what Cambridge is not doing that it could be doing. He wants arts in the Foundry building. Arts, dancing and programs can be placed under one building next to entrepreneurs; this will have an interaction that is not organic. Bring art to where art is.

Mr. Mazen spoke about incubator spaces where business and arts can live together is what drove Austin, Texas. Having too many spaces will never be a problem. Cambridge is doing ok, but needs to go further to compete and benefit from same cultural expanse.

Mr. Bonner stated that no one is looking for a free ride. He wants a vision from the City Council and the City Manager. A fund raising campaign could be established to raise funds such as Watertown did. He asked for the open house for Foundry building scheduled for June 22 from 11 AM to 3 PM could be opened a few more hours. Councillor Cheung commented on the accessibility issue at the Foundry building and waiting to hear about compliance. Councillor Toomey added that to bring the building in compliance is very expensive. The Foundry needs a lot of work. Councillor vanBeuzekom stated that the report on the Foundry will come out on Mon, June 24, 2013. Councillor Toomey further stated that the Foundry will close at 3pm on June 22, 2013. People can congregate outside the Foundry building after 3pm.

In conclusion Councillor Toomey stated that the next steps is that he anticipates having a joint committee meeting with the Economic Development, Training and Employment Committee, the Neighborhood and Long Term Planning Committee and the Public Facilities, Arts and Celebrations Committee.

Councillor Toomey thanked all those present for their attendance.

The meeting was adjourned at 12:07pm.

For the Committee,
Councillor Timothy J. Toomey, Jr., Chair

Committee Report #8
The Ordinance Committee held a public hearing on June 26, 2013 beginning at 4:40pm in the Sullivan Chamber.

The purpose of the hearing was to discuss a zoning petition to amend the Zoning Ordinance relating to rainwater separation in residential buildings.

Present at the hearing were Councillor David Maher, Chair of the Committee; Councillor Craig Kelley; Councillor Minka vanBeuzekom; Stuart Dash, Director of Community Planning, Community Development Department; and City Clerk Donna P. Lopez.

Also present were Nicolai Cauchy, 387 Huron Avenue,

Councillor Maher convened the hearing and explained the purpose. The meeting is being recorded by audio and visual devices. There are several emails that will be made part of the record at the end of the report. He asked Mr. Cauchy to give his presentation (ATTACHMENT A).

Mr. Cauchy stated that the problem of flat roofs in New England has been getting worse with the increased snow load. His ceiling has been flooded three times in the last five years. His ceiling has come down three times. He has received support for his proposal. He has come up with another design that is esthetically pleasing and has green benefits. His proposal is timely because of the work that is ongoing in Huron Village. The flat roofs, which are actually concave roofs, have a central drain pipe that goes straight down the main wall of the house. The sewerage from the house joins this main stack and the single combined rain and sewerage outflow pipe goes into the sewerage line. Many triple-deckers are unable to separate the rain water and sewerage because of the single pipe. He stated that a typical triple-decker roof gathers an estimated 6500 cubic feet of rain per year. He stated that his water bill is about $1500 per year. His roof brings in about half in rain water that is brought directly into the sewer pipe. He stated that with the amount of triple-deckers in the city there is a cost of $1.5 million. This may save $2500-$3000 a year for a triple-decker in the city of Cambridge. The city's cost would contribute $200,000 for useless water usage. Most flat roofs are concave and homeowners are unaware of this until there is damage to their house where the pipes crack inside the wall. This can cause serious damage. Winter storms dump snow which freeze and adds weight on the roof. His roof is insulated and 5 days after a storm he still has ice on his roof. The snow and ice can easily take weeks to melt. There is currently $120 million being spent to retrofit 800-900 homes for sewer separation. There are 150 triple-deckers, not all have a single drain pipe. It makes sense to reduce rainwater. Central drains are bad. They are costly for the rainwater input into the sewer system. Insulation cause more problems for these roofs. Another concern is climate change. He stated that Section 5.55 in the Zoning ordinance solves the problem. He had an illustration of a design option. He highlighted the concerns about relaxing the zoning ordinances limits. A special permit is required. He stated that triple-deckers have no way to see the roof design baring the railings. Relative heights of other buildings are of no concern. His design would not be seen because of the overhang of the crown molding on the triple-decker houses. He stated that only the railing would be seen.

Zoning concerns FAR. Incentive is the elimination of the single drain is to provide more living space. Section 5.55 benefits all, incentives for energy.

Councillor vanBeuzekom stated that she liked the presentation. She asked if you want to do this under current zoning what you have to do. Mr. Cauchy stated that the issue is FAR and height. Councillor vanBeuzekom asked how you remove the single drain pipe. Mr. Cauchy stated that rain water would be recycled or run to the ground. This converts the house with no rain water running into the house. Councillor vanBeuzekom stated that it is unlikely people would jump on this proposal. She asked if the City Council would ask the Planning Board to give us language and how it fits into the Zoning.

Councillor Maher stated that this is more conceptual. He asked if this in language that the City Council could adopt.

Mr. Dash stated that the Planning Board heard the presentation but had some concerns about height. Councillor Maher stated that in the current form it is not considered a zoning petition. Mr. Dash stated that it could be considered a petition. Mr. Cauchy stated that the last page is actual text in the presentation.

Councillor Maher stated that procedurally it is not in the correct language for adoption by the City Council. Mr. Dash responded in the affirmative. Councillor Maher stated that we are talking concept and it should be sent back to the Planning Board to be put into format and drafting the language. Councillor vanBeuzekom asked if there would still be a recommendation from the Planning Board.

Councillor Kelley stated that this proposal was submitted and referred by the City Council as a zoning petition and the Planning Board heard it as a zoning petition and now he is hearing that it is a conceptual discussion. Mr. Dash stated that the proposal has been heard as a zoning petition. The Planning Board began their discussion but did not complete their discussion. The Planning Board has not given a recommendation and has questions. The Planning Board will give the City Council a recommendation and has not discussed reformatting.

Councillor Maher asked if the Planning Board said they do not agree; they will not rewrite, but if it agrees it will come back in a typical format. Mr. Dash responded in the affirmative.

Councillor Kelley asked if this is a formatting issue now. Mr. Dash responded that if adopted as it is there may be small formatting issues. He stated that if the Planning Board wanted more criteria for the issuance of a special permit this would be included in the language. If the language does not match up the images shown the language may be different. Councillor Kelley commented that if the Planning Board has suggestions he would look at the suggestions, but he thinks the proposal is fine as it is. Special permits are presumed granted if the criterion is met.

Councillor Maher questioned if you look at the proposal there is a maximum height limit of ten feet. Mr. Cauchy responded that the maximum above existing height is ten feet. Councillor Maher stated that if he understands the 20% increase in FAR correctly if you have three 1500 square feet apartment units equaling 4500 square feet of FAR in an existing dwelling you can get 900 square feet maximum height. Mr. Cauchy added that this cannot be an additional unit in any shape or form. Councillor Maher asked what percentage of three family homes has the single drains. Mr. Cauchy responded it may be 50-70%. His experience is it is a large number because he has been called to remedy problems. Councillor Maher asked if this excluded the 30-50 % homes that have removed the center drain or have raised the roof. Mr. Cauchy responded in the affirmative because they already have their rainwater washed away. The purpose of this proposal is to eliminate the rainwater going through the house. There are still homes that have double drains that still run through the central wall. Councillor Maher asked if this difference is addressed in the language. Mr. Cauchy responded in the negative. Councillor Maher stated that this needs to be included in the language. Mr. Dash stated that he will ask Owen to prepare language and send it to the City Council. Councillor Maher does this allow this to happen in four-deckers. Mr. Cauchy stated that this needs to be addressed by CDD. Councillor Maher added that this is another issue that needs to be addressed in this petition. He stated that there are two family flat roof homes, particularly in East Cambridge, but he does not know the drain situation. This has a lot of validity. This is not a get out of jail free pass. This is significant cost to the homeowners and has value to the city. He wants two and four family homes reviewed to see if they fit the criteria.

Councillor Kelley stated that he does not see the reference to three families in the language. Councillor Maher commented that triple-decker houses was what was being discussed. He stated that the ambiguous part is that the proposal has been referred to as the triple-decker zoning. He stated that if you are adding ten feet to a four story structure it is probably at fifty feet. Maybe there is a need to exclude anything larger than a three families. The concept is right. He stated that procedural we should leave the petition in committee. The Planning Board would issue their recommendation in mid August stated Mr. Dash. He stated that the petition should be held in committee and await the recommendation from the Planning Board. He stated that another meeting would be held and then determine the course of action going forward. He further requested that Mr. Dash indicate to the Planning Board that the City Councillors present at this meeting expressed an interest in seeing something from the Planning Board on this petition. Mr. Dash responded in the affirmative.

Mr. Cauchy spoke about flat roof in general. Snow has been shoveled from roofs. Boston had buildings collapse because of snow overload. It may benefit the city to look at the liability of climate change. Councillor Maher asked Mr. Cauchy if the structural integrity of the homes that are 100 years old can support the additional FAR. This goes through the special permit process and would require drawings of the structure and analysis stated Mr. Cauchy You can have a roof deck, but you cannot bring up 100 people to the roof deck.

The following e-mails were received and made part of the record:

Elatia Harris, 269 Huron Avenue, in support of Section 5.55 Special Provisions for Rainwater Separation in Residential Buildings (ATTACHMENT B).

Peggy Fox-Warren in support of the Green Roof proposal and Section 5.55 (ATTACHMENT C).

Cynthia Kennedy Sam, 16 Kennedy Road, supported the proposal by Nicolai Cauchy which would relax the zoning restrictions for certain flat roofs in exchange for the elimination of rainwater being dumped into the sewer system (ATTACHMENT D).

Jesse Burkhardt in support of relaxing zoning restrictions for certain flat roofs in exchange for elimination of rainwater dumping into the sewer system (ATTACHMENT E).

Marilyn Mellowes, 190 Lexington Avenue supporting Zoning Ordinance 5.55 (ATTACHMENT F).

Roberto Pietroforte, Ph.D., Director of the Architectural Engineering Program, Worcester Polytechnic Institute, in support of relaxing the zoning restrictions for certain flat roofs in exchange for their elimination of rainwater dumping into the sewer system (ATTACHMENT G).

Edlyn Levine, supporting Zoning Ordinance 5.55 which would allow homeowners the flexibility to be creative in implementing environmentally friendly improvements to their homes and decreasing the environmental footprint of the community as a whole (ATTACHMENT H).

Shelley Rieman, 201 Franklin Street, in support of Zoning Ordinance 5.55 and the beneficial green benefits from this change (ATTACHMENT I).

David Brancazio, 17 Norumbega Street, in support of the Zoning Ordinance 5.55 and as a professional mechanical engineer, he agrees with the validity of the proposal (ATTACHMENT J).

Leela Arnet, supporting Zoning Ordinance 5.55 (ATTACHMENT K).

Beatriz Alba del Rio, Esq., requesting support for Zoning Ordinance 5.55 (ATTACHMENT L).

Mark A Kon in support of Zoning Ordinance 5.55 related to relaxing zoning restrictions for flat roofs (ATTACHMENT M).

A motion was made by Councillor Kelley to leave the proposal in committee and get the report from the Planning Board. The motion carried on a voice vote.

Councillor Maher thanked all those present for their attendance.

The hearing adjourned at 5:28pm on motion of Councillor Kelley.

For the Committee,
Councillor David P. Maher, Chair

Committee Report #9
The Civic Unity Committee held a public meeting on July 17, 2013 beginning at 6:05pm in the Sullivan Chamber.

The purpose of the meeting was to continue discussions of lessons learned as it pertains to the Monteiro case.

Present at the meeting were Vice Mayor E. Denise Simmons, Chair of the Committee; Councillor Kenneth Reeves; Councillor Minka vanBeuzekom; School Committee Member Richard Harding; Richard C. Rossi, City Manager; Lisa Peterson, Deputy City Manager; Nancy Glowa, City Solicitor; Duane Brown, Affirmative Action Director; Sheila Keady Rawson, Personnel Director; Neal Alpert; and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were Elie Yarden, John Hawkinson, Jean Bracken, Lynda Detterman, Priscilla Lopes, Renae Gray, Carol Cheung, Catherine Hoffman, Nancy Ryan, Richard Clarey, Debra Copeland Montout, Gabriel Mondon, Lawrence Adkins, Priscilla McMillan, Helen Bryant, Jean Jeune, Nadeem Mazen, Robert Winters, Patricia Lewis and Sylvia Barnes.

Councillor vanBeuzekom convened the meeting and explained the purpose. She reviewed the summary of the Civic Unity Committee Meeting of June 18, 2013 along with the Highlights of the topics raised during this meeting (Attachment A). She then outlined the agenda for the current meeting. (Attachment B).

Renae Gray recognized and thanked the individuals who have lifted their voices and continue to bring these issues to the attention. She stated that the main focus of the meeting should be to look at some of the recommendations and how to move forward in a positive way. She stated that it is important to look to the membership of concerned individuals to shape a proactive step into the future.

Elie Yarden, 143 Pleasant Street, stated that since the last Civic Unity meeting he has attended two hearings on unrelated topics. He stated that that at these meetings, the format was quite different in that after hearing people speak to the relevant issues, questions were asked of the speakers. He stated that the committees took interest in what the speakers had to say. He stated that democratization of the hearings need is the only thing that will help the current meetings. He stated that people need to be heard and respected. He stated that we need to acknowledge that in Cambridge we live in a racist society. He stated that this awareness needs to happen before anything is effective. The other problem has to do with the bureaucratic government which is deeply rooted in the foundation of the society. He stated that his chief recommendation would be the democratization of government in Cambridge in order to include the people of the city in the decision-making process.

Renae Gray noted that discrimination is against the law, racism is not. She stated that two very different strategies are required to make inroads.

Dick Clarey stated that in the interest of looking forward, he would like to talk about the way the Law Department and City Manager disobeyed the law of the Human Rights Commission. He stated that the Human Rights Commission attempted to intervene in the Monteiro issue. He noted that the Human Rights Ordinance commands them to be involved. He stated that they were treated with discourtesy by the Law Department. He stated that this was written about in a letter published in the Boston Herald in 2011. He stated that the Law Department has been guilty in the past about misstating the ordinance which is very broad. He noted that the City Council should be more alert in the future.

Renae Gray stated that it is important to affirm the role of the Human Rights Commission. She suggested that dispersing of information via brochures and other means would be beneficial to the public.

Lawrence Adkins thanked the committee for holding this important meeting. He wished the City Manager luck in his new position. He stated that he looks to this issue from the "top down." He stated that the elected officials control the city. He stated that nine councillors are responsible for intervention in these cases to benefit the residents of the city. Regarding the Monteiro case, he stated this belief that there were too few minds to get this situation handled correctly. He stated that the city charter needs to be changed. He stated that a building was named after a person who was found guilty of discrimination. Councillor vanBeuzekom corrected Mr. Atkins by stating that the charges in this case were of retaliation, not discrimination. Councillor vanBeuzekom stated that her takeaway from Mr. Adkins' comments is that the City Council needs to be more involved. Mr. Adkins stated that $16 million dollars is not a minor issue.

Councillor Reeves stated that as it relates to the Monteiro case, he did not agree with the idea that the City Council did nothing about the situation. He stated that he was a witness at the trial and was very involved. He noted that many times he did not have a majority vote of the City Council to act in any way as it relates to this case.

Helen Bryant stated that first and foremost, she cares about the city. She stated that she was born and raised in Cambridge. She stated that she personally knows Ms. Monteiro and Ms. Stamper. She stated that these incidents have hurt the city and as a lifelong resident of the city, she expects better. She stated that the way that the case played out put a black mark on the city. She suggested that moving forward, she feels that senior managers in positions of decision-making must be thoroughly trained in their responsibilities and able to manage a diverse workforce.

Nadeem Mazen stated that there are many organizations that depend on performance reviews as a regular matter of course. He noted that it would be beneficial for all workers to have regular performance reviews. He stated that these reviews are often for the protection of the employee. He stated that these stages will help to learn what systems do and do not exist. He stated that the City Council should make every effort to have performance reviews for all city employees. Councillor vanBeuzekom stated that while this is an interesting recommendation, there are collective bargaining agreement issues. Councillor vanBeuzekom asked Sheila Keady Rawson to provide clarification. Sheila Keady Rawson stated that performance reviews are subject to collective bargaining. She noted that in some city departments they occur on a regular basis. She stated that in other city departments there may be a performance management system in place. Mr. Rossi stated that the city cannot require union employees to take part in a performance review. He stated that the important way to make inroads when dealing with union employees is by way of senior managers and supervisors.

Robert Winters stated that he has looked over the notes from the prior Civic Unity meeting. He stated his concern with the legalities when it is necessary to terminate a city employee. He stated his hope that the record-keeping is complete so that the city does not leave itself open to lawsuits.

Patricia Lewis read from a prepared statement (Attachment C). She stated that she is a concerned citizen and employee of the City of Cambridge. She asked the committee to look at the agencies that the city has for its employees to go when they feel that they have been discriminated against. She stated that the Affirmative Action website stated that they provide fair and impartial processing of complaints of discrimination and provides counseling as needed in an effort to mediate interpersonal disputes or conflicts with Equal Employment Opportunity implications. She stated that the Affirmative Action handbook does not mention mediation at all. She questioned if mediation is between the employee and the supervisor and if the mediator would be a neutral party. She asked if the Affirmative Action findings are put in writing and given to employees. She asked if the employee is allowed to respond to the Affirmative Action's findings. She stated that she has the same questions as it relates to the Personnel Department. She asked if the Human Rights Commission stands by Chapter 2.76.020 which states that the Human Rights Commission shall work with the City Manager and/or his assistants on matters pertaining to the human rights of all the citizens of Cambridge. She questioned if the Human Rights Commission provides assistance to Cambridge residents who also work for the city. She stated that the Local 25 Collective Bargaining Agreement Handbook states that it does not tolerate discrimination. She stated that there is no mention of steps to follow in order to file a grievance. She stated that mediation is not mentioned in the handbook. She stated that Weingarten Rights ensures that union employees have a right to union representation. She noted that the Weingarten Rights are not mentioned in the union handbook. She stated that there is something wrong with city agencies when city employees seek assistance from the Massachusetts Commission Against Discrimination, Civil Service or an attorney. Councillor vanBeuzekom thanked Ms. Lewis for her comments and stated that it would be beneficial to have union representation at a future meeting of the Civic Unity Committee.

Duane Brown reviewed the available procedures currently in place for city employees who would like to file a complaint. He stated that the Affirmative Action Plan is online and very detailed. He stated that when a person files a complaint it is the responsibility of the Affirmative Action Officer to inform that person of their right to file their claim outside of the city with the Equal Employment Opportunity Commission or the Massachusetts Commission Against Discrimination.

Ms. Gray stated that for real change to occur, all parties need to be willing to listen to each other. She stated that if the committee wants a fundamental, bottom-line change, every voice has to be heard and listened to, whether we agree or not. She noted that all voices are valid voices.

Councillor Reeves stated that he feels it is important to suggest changes that are fundamentally positive. He stated that the City Council should consider engaging a consultant to aid in the process which would allow the city to be in a better place. He spoke of the Professor Gates matter and noted that the response was to commission a group which looked at all aspects of the case but never really answered questions relating to the case. This was thought to be a realistic response. He stated that in the Monteiro case, the city paid out money with no apology. He stated that this is a culture of denial. He stated his belief that we are all good people but we need help in owning and taking responsibility for what has happened and that is the root to ensure that it doesn't happen again. He stated that he has great faith in the new administration. He affirmed his hope that the biggest difference in administrations will be talking about issues as they confront the city and truthful dialogue. Councillor vanBeuzekom asked Councillor Reeves if, in his opinion, there was anything positive that was gained from the Gates group. She asked Councillor Reeves if that would be a good model to follow. Councillor Reeves responded in the negative. Councillor Reeves stated that when recommendations were made by the group, the Police Commissioner stated that most of the recommendations were already taking place. Councillor Reeves stated that it was not a good process to commission a group and tell them not to look at the question at hand. He noted that police officers have discretion but that this discretion relies on good judgment. He stated that if the former City Manager had communicated better with the City Council, there never would have been the international embarrassment that ensured. He stated that this consultant needs to be someone that is not "us" as we are not objective.

Ms. Gray stated that she does not want to take the city off the hook but she suggested putting this issue in the context that it is the country that is in denial about issues of race and class. She stated that the City of Cambridge would be the exception to the rule if we took a different position. She stated that before we look like at other states such as Florida and Texas, we need to take an objective look at ourselves.

Sylvia Barnes read from a prepared statement (Attachment D). She stated that she is an employee of the City of Cambridge. She thanked Councilor Kelley and Vice Mayor Simmons for scheduling the meeting. She thanked Councillor Reeves for being so honest as opposed to sugarcoating the issue. She made reference to a recent article regarding the City Manager's proposed steps to curtail discrimination (Attachment E). She stated that she was very pleased with City Manager Rossi's response to the issue of discrimination. She stated that she feels that employee ideas should also be welcome when developing a plan that is best for all. She stated that at previous meetings it has been stated that the Monteiro, Stamper and Wong cases cannot be discussed due to confidentiality. She stated that the details are in the public record and submitted copies of articles by the Cambridge Chronicle (Attachment F) and the Boston Globe (Attachment G). She gave examples of a pattern that emerged after these women were hired. She stated that the jury wanted to send a strong message to the administration of the City of Cambridge and awarded Ms. Monteiro millions of dollars. She stated that this did not work because the only ones that suffered were the taxpayers. She stated that the Personnel Department and the Affirmative Action Office were not helpful in assisting the employees. She stated that the city administration, which includes department heads who were named in the lawsuits, have continued with business as usual. She stated that for these reasons, she did not agree that department heads should be allowed to come up with ideas on how to prevent discrimination lawsuits. She stated her belief that the best way for change is hiring new department heads who believe in treating employees professionally and fairly. She stated that the City Manager has to hold department heads accountable if they do not follow his lead. She stated her hope that the City Council will follow-up on the City Manager's promises of change.

John Hawkinson read from a prepared statement (Attachment H). He stated that the City Solicitor made clear to him that the City is willing to meet its legal obligation to release to the public the names of the parties and docket numbers of pending discrimination lawsuits before the City (Attachment H-1 including his public records request dated July 3, 2013). He encouraged the City Council to ensure that when such questions are asked by the City Council that the City Council insist on receiving its answer in public, not in Executive Session. He noted that this is important for transparency which is important to public confidence in the City's handling of these complaints when they reach the legal level.

Public comment closed at 7:08pm.

Vice Mayor Simmons stated that Civic Unity meetings will continue to be held monthly. She stated that a positive climate in the city will ensure that all employees know that they are valued.

Councillor Reeves stated that a potential solution is the consideration of engaging the services of a consultant to help objectively look at the question and guide the city so that it gets to a better place. He noted that there are interesting conversations taking place in the city regarding the Trayvon Martin case. He stated that it is interesting to him that the young people of Cambridge believe that violence and unfairness is a "given." He noted that this idea is the opposite of his own approach to life and to the city. He stated that this is a good moment to engage in a discussion of who we are to each other.

Vice Mayor Simmons took the opportunity to inform the attendees of the meeting that there will be a community conversation on July 18, 2013 regarding the Trayvon Martin case which will be sponsored by the Peace Commission. This meeting will take place at the Senior Center at 6:00 p.m.

Vice Mayor Simmons stated that she recently had the opportunity to visit the Moore Youth Center. She stated that there were young people discussing the outcome of the Trayvon Martin case. She stated that these young people were both hopeful and hopeless. She stated that the 50-year anniversary of the Civil Rights movement and the 150-year anniversary of the Emancipation Proclamation make this conversation even more important. She noted that this topic does need to be a community conversation. She stated that she would like people to have the opportunity to say what is on their mind. She stated her intention to submit a City Council policy order recommending that the City Manager move forward in hiring a consultant. She stated her concern that the city not be required to hire the lowest bidder due to procurement laws. She stated that the lowest bidder is not always the best facilitator. Mr. Rossi stated that there may be some solutions with respect to the consultant.

Councillor Reeves stated that the School Department hired a consultant to visit and observe classrooms. He stated that this person reported that there was not rigor in many of the classrooms. He stated that there are times when you don't always get a positive report but you can get an objective response. He stated that the School Committee was very good in receiving the information and is using this information in a positive way.

Councillor vanBeuzekom asked Ms. Keady Rawson about anti-discrimination training for new city employees. She asked if this training occurs only at the time of hire or if it is re-visited on any basis. Ms. Keady Rawson stated that that there is a mandate that requires all new hires to engage in diversity training. She noted that there is other training available on an ad hoc basis but stated that it is not required. Councillor vanBeuzekom questioned if there is any type of evaluation of this training. Mr. Rossi stated that it is difficult to measure the impact of a three-hour training session. He stated that it would be the department head who could measure the effectiveness of this type of training. Other trainings are provided on an ad hoc basis but are not required on an ongoing basis.

Councillor Reeves stated that he looks to City Manager Rossi to model what the organization of the City of Cambridge should look like. He noted that there needs to be a better reflection of the city and its people. He stated that it is the role of the Affirmative Action Director to ensure that the organization is diverse, whether it wants to or not. It is a difficult task. Vice Mayor Simmons stated that the City Council does control policy in the city and these policies are a factor in getting the city where it needs to be.

Renae Gray stated that as an organization, the City may do a good job on an interpersonal/personal level as it relates to diversity. She noted that what is much more complicated and complex is the policies, procedures and the culture of an organization. She stated that the YWCA used to conduct an audit which looked at vendors including a thorough look at internal and external structures and policies that kept change from racism in place while making sure to keep discrimination at bay. Agreeing to do this is agreeing to embark on a journey for there to be real change.

Vice Mayor Simmons stated that Councillor Kelley submitted his thoughts and expectations going forward in this process. (Attachment I). She stated that she would like to address these thoughts and suggestions when Councillor Kelley is present.

Vice Mayor Simmons stated the importance of being clear as to what is being asked of a potential consultant. She noted that the conversation needs to continue regarding what the committee is looking for in their response. Councillor Reeves stated that it is very important to get an idea of what the employee climate in the city is. He stated that there will need to be ongoing discussion. Vice Mayor Simmons stated that as the City Council term comes to a close, there may be a new Chair of the Civic Unity Committee but it will be clear to that this is the agenda moving forward. She noted the need for more citizen voices in this process. She stated her desire to involve the youth of the city. She stated that it may be beneficial to convene a small planning group to move forward as it relates to a facilitator. This group would discuss thoroughly what their expectations are by way of outcome.

Linda Detterman stated this process is a journey and partnership with City Manager Rossi and the City Council. She noted the need to delve deep into these issues. Vice Mayor Simmons noted that while this process is being undertaken, it is important to be cognizant of doing better in the present.

Councillor vanBeuzekom stated that it may be in the best interest of the city to talk about and evaluate the Human Rights Commission and the potential that the ordinance be addressed if it is not considered to be working for city employees. She questioned how the city could engage structures of the union for employees.

Vice Mayor Simmons stated that there will be a meeting scheduled in August. She stated that Cambridge is a good city as an employer but this issue is something that needs to continually be worked on.

Vice Mayor Simmons thanked all those present for their participation.

The meeting adjourned at 7:40pm.

For the Committee,
Vice Mayor E. Denise Simmons, Chair