Cambridge City Council meeting - Sept 15, 2014 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi, City Manager, relative to a supplemental appropriation of the FY14 Shannon Grant for $5,000 received from the Metropolitan Mayors Coalition through the Executive Office of Public Safety and Security to the Grant Fund Police Department Salary and Wages account which will be dedicated to hot spot patrols in the Area IV neighborhood.

2. Transmitting communication from Richard C. Rossi, City Manager, relative to a supplemental appropriation of Addendum #2 to the Fair Housing Assistance Grant from the U.S. Department of Housing and Urban Development (HUD) for $1,400 to the Grant Fund Human Rights Other Ordinary Maintenance account which will be used to cover the costs of a HUD Partnership funded training seminar regarding HUD's LGBT Equal Access Rule.

3. Transmitting communication from Richard C. Rossi, City Manager, relative to an appropriation of $1,000 in donations from the Massachusetts Institute of Technology to the Grant Fund Human Rights Other Ordinary Maintenance account which will be used to cover the costs of food and other supplies for CHRC's April 2015 Fair Housing Event.

4. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of Dr. Anne Fabiny as a member of the Cambridge Council on Aging Board (agency representative) for a two year term to expire October, 2016.

5. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-93, requesting an update on the Early Childhood Task Force.

Sept 15, 2014
To the Honorable, the City Council:

In response to Awaiting Report Item Number 14-93 requesting an update on the Early Childhood Task Force, please be advised of the following:

The Early Childhood Task Force appointed by the City Manager has been meeting monthly since May of this year. The Task Force is made up of parents, family childcare providers, community childcare providers and city and school department staff, including both the City Manager and the Superintendent of Schools. The charge to the Task Force was shared with the City Council in the Spring. The charge is to identify a range of possible options for coordination and expansion of early childhood services and to explore the benefits and challenges of each option. The specific issues that the Task Force was charged with examining as described to the City Council are:

How to ensure that that all children enter Kindergarten optimally ready to succeed in school;

How to ensure equity of access for four year olds in the City;

How to ensure that children who are most in need of early childhood services are served;

How to ensure that children 0-4 and their families access services most likely to enhance children's educational success;

How to ensure that families are able to access early childhood programs that meet their needs; and

How expanding access for 4 year olds will impact outcomes for children in CPS.

Over the last 3 months the Task Force has heard from two leading experts on the national, state and local Birth to Grade 3 efforts. The Task Force has also heard from community based providers, city and school staff about what is happening within Cambridge to address the needs of children and families birth to age five.

The work will continue in September and throughout the year with a focus on best practices in early childhood services, examination of national and regional models, identification of needs and program capacity here, and the development of recommendations to improve and align early childhood programs and services in Cambridge. In addition, the Task Force will be gathering community input later this fall by convening focus groups with a range of stakeholders, including principals, parents and providers.

The City will be contracting with Early Childhood Associates, a local agency with expertise in national, state and local Birth to Third Grade systems. The team from Early Childhood Associates will provide training and support to the Early Childhood Task Force in completing its work. One half of the contract will be funded from current balances from the Department of Human Service Programs; in the fall once the city's free cash balance is certified, I will be recommending an appropriation to DHSP to replenish these funds. The Superintendent of Schools is requesting tomorrow evening from the School Committee that the other 50% of the funding come from the Birth to Grade 3 Early Childhood Education Grant appropriated by the School Department.

There will be an interim report during the winter and a final report by June 2015.

I am also requesting that the City Council designate the contracted part-time position of Trainer and Facilitator for the Early Childhood Services Task Force as a special municipal employee for purposes of the state Conflict of Interest Law, G.L.c.268A, by adopting the Order attached to City Manager Agenda #6.

The designated position will be held by an individual with whom the City Department of Human Services Programs and the School Department wish to contract named David Jacobson, who is a consultant with a firm called Cambridge Education. Because Mr. Jacobson is under contract to the State Department of Early Education and Care to document the work of the Birth to Grade Three communities previously funded by the State, he is permitted to work with the Early Childhood Task Force provided he is designated as a Special Municipal Employee. Mr. Jacobson brings considerable expertise and knowledge to the team because of his work nationally and for the State.

Very truly yours, Richard C. Rossi, City Manager

http://www2.cambridgema.gov/cityClerk/cmLetter.cfm?item_id=29093

6. Transmitting communication from Richard C. Rossi, City Manager, requesting that the City Council vote to designate the contracted part-time position of Trainer and Facilitator for the Early Childhood Services Task Force as a special municipal employee for purposes of the state Conflict of Interest Law, G.L.c.268A.

Sept 15, 2014
To the Honorable, the City Council:

I request that the City Council vote to designate the contracted part-time position of Trainer and Facilitator for the Early Childhood Services Task Force as a special municipal employee for purposes of the state Conflict of Interest Law, G.L.c.268A, by adopting the attached Order.

The designated position will be held by an individual with whom the City Department of Human Services Programs and the School Department wish to contract named David Jacobson, who is a consultant with a firm called Cambridge Education. Mr. Jacobson through Cambridge Education is a collaborating partner with Early Childhood Associates which has submitted a proposal in response to a request for proposals issued by the City to work with the City's Early Childhood Services Task Force by providing training and task facilitation. Last year, Cambridge Education had a contract with the Massachusetts Department of Early Education and Care to document the work that five Massachusetts communities were doing around early education programs. Mr. Jacobson played a lead role on that contract. Through Cambridge Education, Mr. Jacobson hopes to bid on that state contract opportunity again this year. He currently has no consulting contracts with the City.

Mr. Jacobson informed the City that he was advised by the State Ethics Commission that when he has a consulting contract with the state or a municipality, he is considered a public employee. Pursuant to his work for the state, he is deemed to be a special state employee. His work for the City would make him a City employee, subject to all the Conflict of Interest Law's restrictions on regular municipal employees. If the City Council designates his position to be that of a special municipal employee, certain of the Conflict of Interest Law's restrictions would apply less broadly to him, including G.L.c.268A, s.17 which pertains in part to acting as agent. He was advised by the State Ethics Commission that in order to do his consulting work for both the state and the City, particularly in this case where the area of focus is similar, he needs to be appointed a special municipal employee.

Pursuant to G.L.c.268A, positions, not individuals, may be designated as special municipal employees by vote of a city council if the position is part-time allowing work by the individual holding the position at another job during normal working hours; or the position is not paid by the city for more than 800 working hours during a 365 day period. My understanding is that the position at issue meets both of these conditions.

Therefore, for the above reasons, I request that the City Council vote to designate this position as that of a special municipal employee.

Very truly yours, Richard C. Rossi, City Manager

Agenda Item No. 6A     Sept 15, 2014
ORDERED: Pursuant to General Laws Chapter 268A, Section 1(n), the City Council hereby expressly classifies the contracted part-time position of Trainer and Facilitator for the Early Childhood Services Task Force as a special municipal employee for purposes of General Laws Chapter 268A, the state conflict of interest law.

7. Transmitting communication from Richard C. Rossi, City Manager, relative to 1.) an order required by the State to execute a contract associated with a grant award of up to $200,000 for renovations to Hurley Street Park through the Our Common Backyards Grant Program; and 2.) the appropriation of the $200,000 to the Community Development Department Public Investment Fund Extraordinary Expenditures Account from the State Executive Office of Energy and Environmental Affairs (EEA) Our Common Backyards grant to be used for improvements to Hurley Street Park.

8. Transmitting communication from Richard C. Rossi, City Manager, requesting that the City Council formally appropriate/allocate the Community Preservation Act (CPA) funds as follows:

1A. 80% of the FY2015 CPA Local Fund revenues ($6,240,000) allocated to Affordable Housing and appropriated to the Cambridge Affordable Housing Trust;
Adopted 8-1 (Kelley NO)

1B. 10% of FY2015 CPA Local Fund revenues ($780,000) allocated to Historic Preservation;
1B1 Adopted 9-0; 1B2 Adopted 9-0

1C. 10% of FY2015 CPA Local Fund revenues ($780,000) allocated to Open Space;
1C1 Adopted 9-0; 1C2 Adopted 9-0

2A. 80% of FY2014 State Match revenues ($1,360,000) allocated to Affordable Housing and appropriated to the Cambridge Affordable Housing Trust;
Adopted 8-1 (Kelley NO)

2B. 10% of FY2014 State Match revenues ($170,000) allocated to Historic Preservation;
2B1 through 2B6 Adopted 9-0

2C. 10% of FY2014 State Match revenues ($170,000) allocated to Open Space;
2C1 Adopted 9-0; 2C2 Adopted 9-0

3A. 80% of the Fund Balance ($2,400,000) allocated to Affordable Housing and appropriated to the Affordable Housing Trust;
Adopted 8-1 (Kelley NO)

3B. 10% of the Fund Balance ($300,000) allocated to Historic Preservation;
Adopted 9-0

3C. 10% of the Fund Balance ($300,000) allocated to Open Space;
3C1 through 3C3 Adopted 9-0

4A. Appropriate ($10,000) from the Fund Balance for the cost of the Community Preservation Coalition Membership Dues.
Adopted 9-0

Manager’s Letter     Full Report

ON THE TABLE
1. That the City Manager is requested to confer with the Cambridge Arts Council to determine the types of spaces that are most needed within the local arts community with the view of using the Foundry to fill those needs and to allocate appropriate funds to make appropriate upgrades for the purpose of creating a community arts center. (Order Amended by Substitution.) [Order Number Ten of Jan 27, 2014 Placed on Table on motion of Mayor Maher on Jan 27, 2014.]

2. An application was received from Ting-hsu Chen requesting permission to widen the existing curb cut at the premises numbered 14 Soden 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. [Applications and Petitions Number Six of Feb 24, 2014 Placed on Table on motion of Councillor Simmons on Feb 24, 2014.]

3. That the City Council go on the record in opposition to any type of casino project in the Greater Boston area whether constructed and managed by Mohegan Sun or Wynn Resorts. [Charter Right exercised by Councillor Simmons on Order Number Five of June 16, 2014. Placed on the Table on the motion of Councillor Cheung on June 30, 2014.]

4. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee for a public hearing held on June 4, 2014 to discuss creating a new Chapter in the Cambridge Municipal Ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses". [Committee Report Number One of June 30, 2014 Placed on Table on motion of Vice Mayor Benzan on June 30, 2014.]
Report Accepted; Two Orders Adopted (Order #12 and #13)

5. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee for a public hearing held on June 18, 2014 to discuss revisions to the Cambridge Municipal Code Section 9.04.050 (A) Defacing public property of Chapter 9.04 entitled "Offenses Against Property". [Committee Report Number Five of June 30, 2014 Placed on Table on motion of Vice Mayor Benzan on June 30, 2014.]

UNFINISHED BUSINESS
6. 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 Nov 22, 2013 to conduct a public hearing on an amendment to the Municipal Code by adding a new Chapter 8.68 entitled "Concussion Prevention and Management in Youth Activities at City Facilities." The question comes on passing to be ordained on or after Dec 23, 2013.

7. 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 Dec 19, 2013 to conduct a public hearing on an amendment to the Municipal Code in Chapter 8.67 entitled relating to Plastic Bag Reduction. The question comes on passing to be ordained on or after Feb 24, 2014.

8. A communication was received from Paula M. Crane, Administrative Assistant, City Clerk's Office, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee for a public hearing held on July 2, 2014 to discuss the Timothy R. Flaherty, et al. zoning petition requesting the City Council to amend the Zoning Map of the City of Cambridge to expand the Medical Marijuana Overlay District, MMD-1 to encompass 61 Mooney Street. The question comes on passing to be ordained on or after Aug 11, 2014. Planning Board Hearing held June 17, 2014. Petition expires Sept 30, 2014.

9. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Chair of the Government Operations, Rules and Claims Committee for a public hearing held on Aug 14, 2014 to review expenditures/allotments in reference to the City Council Travel and City Council Resolutions with possible amendments, the position of Deputy City Clerk and any other items that may properly come before the Committee. Report Accepted and Placed on File two orders adopted 8-0-1 see order #13 and #14. Committee Report Number Two of Sept 8, 2014 Rule 38 - Travel Policy - Placed on Unfinished Business for one week.

APPLICATIONS AND PETITIONS
1. An application was received from People's United bank requesting permission for a sandwich board sign in front of the premises numbered 485 Massachusetts Avenue.

2. A zoning petition has been received from Charles D. Teague, et al. to amend the Cambridge Zoning Ordinance to clarify existing ordinance so that said ordinance can be enforced: align the zoning amendment expiration date in the Cambridge Zoning Ordinance to be the same as state law, align the Special Permit criteria with adjudicated state law and require that the master plan be followed whereas following the master plan is optional under state law.
http://www2.cambridgema.gov/CityOfCambridge_Content/documents/140915%20teague%20zoning%20pet_1.PDF
Referred to Ordinance Committee and Planning Board

To the Honorable, the City Council:

The undersigned hereby petition the City Council of the City of Cambridge to amend the Cambridge Zoning Ordinance to clarify existing ordinance so that said ordinance can be enforced.

There are three parts:
1. Align the zoning amendment expiration date in the Cambridge Zoning Ordinance to be the same as state law
2. Align the Special Permit criteria with adjudicated state law
3. Require that the master plan be followed whereas following the master plan is optional under state law

Amend the Zoning Ordinance of the City of Cambridge by doing the following:

Part 1:
Section 1.52, sentence #3, change "Planning Board" to "city council" as specified m M.G.L. Chapter 40A, Section 5.

Failure of the City Council to take action on a petition for a zoning amendment within ninety (90) days after the Planning Board city council's hearing on said petition shall render the petition inactive ...

Part 2:
Section 10.43, sentence #1, change "will normally" to "may" which is used in M.G.L. Chapter 40A. Section 9:

Criteria. Special permits will normally may be granted where specific provisions of this Ordinance are met ...

Part 3:
Add a new Section 9.18:
All permits, including, but not limited to, Building Permits, Special Permits, and Variances shall comply with the Master Plan for the City of Cambridge as specified in M.G.L. Chapter 41, Section 81D.

Signers of the Petition:
Charles D. Teague, 23 Edmunds St., Cambridge, MA 02140
William A. Fox, Jr., 17 Cottage Park Ave., Cambridge, MA 02140
Virginia D. Fox, 17 Cottage Park Ave., Cambridge, MA 02140
John R. Walker, 150 Whittemore Ave., Cambridge, MA 02140
M. Carolyn Shipley, 15 Laurel St., Cambridge, MA 02139
E. Thomas Flynn, 25 Madison Ave., Cambridge, MA 02140
Bob Chebator, 85 Clay St., Cambridge, MA 02140
Dexter Eames, 6 Avon Place, Cambridge, MA 02138
Kenneth E. Taylor, 23 Berkeley St., Cambridge, MA 02138
Michael J. Riley, 123 Pearl St., Cambridge, MA 02139

COMMUNICATIONS
1. A communication was received from Jacquelyn Smith, 7 Ashburton Place, transmitting support for the Carlone Petition.

2. A communication was received from Gary Dmytryk, 2440 Massachusetts Avenue, regarding Policy Orders #9, #10 and #12 of Sept 8, 2014 and the Carlone Petition.

3. A communication was received from the Neighborhood Association of East Cambridge regarding the planning and permitting process in Cambridge and the Carlone Petition.

4. A communication was received from Mara Levine, 1 Birch Street, regarding the Carlone petition.

5. A communication was received from Michael Hawley regarding the Carlone Amendment and Sullivan Courthouse.

6. A communication was received from Arthur Strang regarding the Carlone Petition and the Special Permit process.

7. A communication was received from Claudia Majetich and Steven Landau regarding the Carlone Petition.

8. A communication was received from Joanna Herlihy, 410 Norfolk Street transmitting support for the Carlone Petition.

9. A communication was received from Larry Rosenberg, 48 Antrim Street, transmitting support of the Carlone petition.

10. A communication was received from Ginna Donovan, 1 Malcolm Road regarding the Carlone petition.

11. A communication was received from Margaret Desjardins regarding the Carlone petition.

12. A communication was received from Peter Valentine, 37 Brookline Street, regarding the Council being involved in decisions of big developments.


13. A communication was received from Nancy Pocaro, Resident Services Coordinator at 402 Rindge Avenue, regarding the 80% of Community Preservation Act funding allocated to affordable housing and the existing need for affordable housing.

14. A communication was received from Cheryl-Ann Pizza-Zeoli, member of CEOC and Affordable Housing Trust Board and Co-Chair of the Alliance of Cambridge Tenants, supporting the allocation of 80% of the CPA funds to affordable housing.

15. A communication was received from Alexander K. Epstein, Ph.D, General Engineer, Volpe Transportation Center, regarding Policy Order #11 on sideguards on trucks.

16. A communication was received from John Robinson, President of the Mass Senior Action Council, requesting support to the campaign to lower the cost of healthcare for seniors in Cambridge.

17. A communication was received from David Lipman, 3 Hancock Park, in support of retrofitting safety guards on city-owned heavy trucks to make Cambridge a safer place for cyclist.

18. A communication was received from Steven E. Miller, 92 Henry Street, regarding Cambridge setting up a Safe Truck Program.


RESOLUTIONS
1. Congratulations to Deborah Goldberg on winning the Democratic Primary for Treasurer on Sept 9, 2014.   Councillor Simmons

2. Congratulations to Attorney General Martha Coakley on winning the Democratic Primary for Governor on Sept 9, 2014.   Councillor Simmons

3. Congratulations to Steve Kerrigan on winning the Democratic Primary for Lieutenant Governor on Sept 9, 2014.   Councillor Simmons

4. Congratulations to City Councillor Leland Cheung on waging a spirited campaign for the Democratic Lieutenant Governor nomination.   Councillor Simmons

5. Congratulations to Michael A. Sullivan on waging a spirited campaign for Democratic Middlesex County District Attorney nomination.   Councillor Simmons

6. Congratulations to Paula M. Crane on being appointed as Deputy City Clerk for the City of Cambridge.   Councillor Simmons

7. Congratulations to Jeff Rosenblum as he returns to LivableStreets.   Mayor Maher

8. Best wishes to David Watson as he steps down from his position as Executive Director of MassBike.   Mayor Maher

9. Congratulations to Maura Healey on winning the Democratic Primary for Attorney General on Sept 9, 2014.   Councillor Simmons

10. Resolution on the death of Santa M. (Crupi) Bonacci.   Mayor Maher

11. Happy Birthday wishes to Rosea Mercedes Benzan.   Vice Mayor Benzan

12. Happy Birthday wishes to Benjamin Devanthery.   Councillor McGovern

13. Happy Birthday wishes to Lisa Dobberteen.   Councillor McGovern

14. Welcome Paul Creedon to his new position as Business Production Analyst/Project Manager in the City Clerk's Office.   Councillor Simmons

15. Retirement of Katherine Clover from the School Department.   Mayor Maher

16. Retirement of Donna Douglas from the School Department.   Mayor Maher

17. Retirement of Claire Koen from the School Department.   Mayor Maher

18. Declare Sept 21, 2014 as Gratitude Day in the City of Cambridge.   Mayor Maher

19. Resolution on the death of Daniel F. Souza.   Councillor Toomey

20. Congratulations to Mitch Ryerson on being named one of the 2014 recipients of the Maud Morgan Arts' Spirit Award.   Councillor Simmons

21. Congratulations to Lori Lander on being named one of the 2014 recipients of the Maud Morgan Arts' Spirit Award.   Councillor Simmons


22. Congratulations to the Cambridge Backpack Program on being selected as a beneficiary of Whole Foods Market's 5% Day.   Mayor Maher

23. Happy Birthday wishes to a very special person.   Councillor Simmons

24. Congratulations to the organizers of the 7th Annual Hydrocephalus Awareness Walk which will take place on Sept 21, 2014.   Mayor Maher

25. Happy 90th Birthday wishes to Margaret Cusack.   Councillor Toomey

26. Resolution on the death of Richard M. Silva.   Councillor Toomey

27. Resolution on the death of Maria T. (Amorim) Gaspar.   Councillor Toomey

28. Resolution on the death of Geraldine Celeste "Dina" Marshall.   Councillor Toomey

29. Resolution on the death of Bob Shea.   Councillor McGovern


ORDERS
1. That the City Council go on record supporting the Don't Leave Seniors Behind Healthcare Campaign of the Massachusetts Senior Action Council and in asking that the Commonwealth of Massachusetts eliminate the asset test for Medicare Savings Programs and raise the income eligibility level to 300% of poverty.   Councillor Simmons and Councillor Cheung

2. That the City Council meeting scheduled for Dec 29, 2014 be and hereby is cancelled.   Mayor Maher

3. That the City Council meeting scheduled for Nov 17, 2014 be and hereby is cancelled.   Mayor Maher

4. Scheduling of Roundtable/Working Meetings on Oct 6, 2014 with the Affordable Housing Trust, Dec 1, 2014 to discuss city-wide planning including discussions with the Planning Board and Jan 12, 2015 to discuss city-wide planning including discussions with the Planning Board.   Mayor Maher

5. That the Chair of the Government Operations, Rules & Claims Committee schedule a meeting to review the City Council's most recent goals and make recommendations for FY16 Goals to include the addition of a goal relating to City-Wide Planning.   Mayor Maher

6. That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department to evaluate the possibility of a "No Left Turn" sign at the corner of Huron Avenue and Royal Avenue during the hours of 7am-9am. and 4pm-6pm.   Mayor Maher

7. That the City Manager is requested to confer with the Massachusetts Department of Conservation and Recreation and the Massachusetts State Police regarding the possibility of adding increased traffic enforcement to Memorial Drive.   Mayor Maher

8. That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Susan Canina for a street corner dedication in honor of Ralph & Winifred Canina.   Councillor Toomey

9. That the City Manager is requested to report back to the City Council whether the construction project at the Martin Luther King, Jr. School is in compliance with the provisions of the Cambridge Employment Plan.   Councillor McGovern, Vice Mayor Benzan and Councillor Simmons

10. That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Sandi Goldberg for a dedication at the corner of Prospect Street and Bishop Allen Drive in honor of her grandfather, Samuel Louis Klashman.   Councillor Simmons

11. That the City Manager is requested to confer with all relevant City Staff to determine if efforts to implement truck side guards could be deployed more broadly across all city trucks and trucks contracted out by departments.   Councillor Carlone
Amended


12. That the City Manager is requested to instruct the City Solicitor to provide a legal opinion to the City Council on the proposed amendment to the Municipal Code entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses" as follows: the legality of the proposal and provide feedback on any changes or alternatives necessary to the proposal and whether criminal fines can be issued as contained in Section V entitled "Penalty".   Councillor Mazen, Councillor Kelley and Councillor McGovern

13. That the City Manager is requested to report back to the City Council on the travel route taken by the circus animals including the City streets that are used to transport the circus animals, the education provision in Section VI of the proposed ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses"; and to provide copies of the proposals to ban exotic animals from Somerville and Plymouth to members of the Ordinance Committee.   Vice Mayor Benzan


COMMITTEE REPORTS
1. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Housing Committee for a public meeting held on July 9, 2014 to discuss the Community Development Department's efforts to preserve expiring use buildings, and a discussion about inclusionary zoning and the Nexus study.

HEARING SCHEDULE
Mon, Sept 15
5:30pm   City Council Meeting  (Henrietta S. Attles Meeting Room, 459 Broadway)

Wed, Sept 17
3:00pm   The Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee and Economic Development and University Relations Committee will conduct a joint public hearing for subcommittees to report back on their timeline for creating a definition and clear goals for the citywide STEAM coordinator position.  (831 Massachusetts Avenue, Basement Conference Room)

Mon, Sept 22
5:30pm   City Council Meeting  (Henrietta S. Attles Meeting Room, 459 Broadway)

Mon, Sept 29
5:30pm   City Council Meeting  (Henrietta S. Attles Meeting Room, 459 Broadway)
6:30pm   The City Council will conduct a public hearing to discuss the property tax rate classification.  (Henrietta S. Attles Meeting Room, 459 Broadway)

Mon, Oct 6
5:30pm   City Council Meeting  (Henrietta S. Attles Meeting Room, 459 Broadway)

Wed, Oct 15
5:30pm   The Ordinance committee will conduct a public hearing on a zoning petition filed by CJUF III Northpoint LLC to amend certain provision of the City of Cambridge Zoning Ordinance that govern the Planned Unit Development in the North Point Residence District to allow limited amounts of off-street retail parking. This hearing to be televised.  (Henrietta S. Attles Meeting Room, 459 Broadway)

Mon, Oct 20
5:30pm   City Council Meeting  (Henrietta S. Attles Meeting Room, 459 Broadway)

Mon, Oct 27
5:30pm   City Council Meeting  (Henrietta S. Attles Meeting Room, 459 Broadway)

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

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

Wed, Nov 12
3:00pm   The Ordinance Committee will conduct a public hearing to continue discussions on creating a new Chapter in the Cambridge Municipal Ordinance Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses.  (TBD)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Sept 15, 2014
COUNCILLOR SIMMONS
COUNCILLOR CHEUNG
WHEREAS: Contrary to widely held belief, many if not most seniors struggle to pay for their healthcare, since Medicare, while providing a foundation for healthcare, still exposes seniors to premium payments, deductibles and co-payments (averaging $467 a month) even when seniors receive meager incomes; and
WHEREAS: People 65 and older spend on average three times more of their income than those 64 and younger (15% of income as opposed to 5%); and
WHEREAS: Medicare does not cover dental health, vision, hearing or podiatry, and seniors are likely to incur serious costs in addressing health concerns impacting these uncovered areas; and
WHEREAS: The Massachusetts healthcare reform and Affordable Care Act modeled on it have made many gains in making healthcare affordable by expanding Medicaid and offering subsidies to people under 65 who receive income up to 300% of the federal poverty line, but did not extend the same benefits to those aged 65 and over; and
WHEREAS: Eleven states, including Alabama, Arizona, Mississippi, and our neighboring states of New York and Connecticut have expanded utilization of federal programs designed to help make healthcare more affordable to seniors, but Massachusetts has not taken advantage of these opportunities provided by the U.S. Congress; and
WHEREAS: The application process to obtain assistance with the out-of-pocket costs of Medicare or to qualify for MassHealth as a senior is so cumbersome and confusing that many seniors who are eligible for benefits in Massachusetts do not receive them; and
WHEREAS: Assisting seniors to cover their onerous healthcare expenses will free them to expend more of their resources on purchases and activities in our city and thereby enjoy a richer life, while concurrently boosting the economic vitality of our community; now therefore be it
RESOLVED: That the City Council go on record supporting the Don't Leave Seniors Behind Healthcare Campaign of the Massachusetts Senior Action Council and in asking that the Commonwealth of Massachusetts eliminate the asset test for Medicare Savings Programs and raise the income eligibility level to 300% of poverty; and be it further
RESOLVED: That the City Council urge the Commonwealth of Massachusetts to raise the qualifying level of assets to enable more seniors to become eligible for MassHealth and thereby receive comprehensive health coverage including for vision, hearing, dental, and podiatry; and be it further
RESOLVED: That the City Council join with Massachusetts Senior Action Council in asking the Commonwealth of Massachusetts to simplify, streamline, and make more comprehensible the application process for assistance programs so as to ensure that the maximum number of seniors who are eligible for the programs become aware of them and able to successfully apply; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to John Ratliff of Massachusetts Senior Action, the Cambridge Delegation to the State House, and to Governor Deval Patrick on behalf of the entire City Council.

O-2     Sept 15, 2014
MAYOR MAHER
ORDERED: That the City Council meeting scheduled for Dec 29, 2014 be and hereby is cancelled.

O-3     Sept 15, 2014
MAYOR MAHER
ORDERED: That the City Council meeting scheduled for Nov 17, 2014 be and hereby is cancelled.

O-4     Sept 15, 2014
MAYOR MAHER
ORDERED: That the following Roundtable/Working Meetings be scheduled:
  Mon, Oct 6, 2014 at 5:30pm - Roundtable/Working Meeting with the Affordable Housing Trust. (344 Broadway, Second Floor Conference Room)
  Mon, Dec 1, 2014 at 5:30pm - Roundtable/Working Meeting to discuss city-wide planning, including discussion with the Planning Board. (Henrietta S. Attles Meeting Room)
  Mon, Jan 12, 2015 at 5:30pm - Roundtable/Working Meeting to discuss city-wide planning, including discussions with the Planning Board. (Sullivan Chamber)

O-5     Sept 15, 2014
MAYOR MAHER
ORDERED: That the Chair of the Government Operations, Rules & Claims Committee schedule a meeting to review the City Council's most recent goals and make recommendations for FY16 Goals to include the addition of a goal relating to City-Wide Planning; and be it further
ORDERED: That said meeting be scheduled within the next few weeks.

O-6     Sept 15, 2014
MAYOR MAHER
WHEREAS: Residents of Royal Avenue have experienced a sharp increase of "cut-through" traffic to avoid the traffic lights at the intersection of Concord Avenue and Huron Avenue especially during rush hour; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department to evaluate the possibility of a "No Left Turn" sign at the corner of Huron Avenue and Royal Avenue during the hours of 7am-9am and 4pm-6pm.

O-7     Sept 15, 2014
MAYOR MAHER
WHEREAS: Citizens have increasingly raised concerns about safety and speed along Memorial Drive; and
WHEREAS: There have been a number of accidents including a pedestrian who was fatally struck and killed on Memorial Drive on Aug 19, 2014; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Massachusetts Department of Conservation and Recreation and the Massachusetts State Police regarding the possibility of adding increased traffic enforcement to Memorial Drive.

O-8     Sept 15, 2014
COUNCILLOR TOOMEY
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Susan Canina for a street corner dedication in honor of Ralph & Winifred Canina; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for their review and approval.

O-9     Sept 15, 2014
COUNCILLOR MCGOVERN
VICE MAYOR BENZAN
COUNCILLOR SIMMONS
WHEREAS: The Cambridge Employment Plan municipal ordinance section 2.66.060 requires that no less than 25% of the total employee worker hours should be performed by bona fide Cambridge residents; and
WHEREAS: This ordinance also states that no less than 25% of the total employee worker hours shall be performed by minority persons; and
WHEREAS: This ordinance also states that no less than 10% of the total employee worker hours shall be performed by women; and
WHEREAS: There is concern that these requirements are not being followed on the Martin Luther King, Jr. School construction project currently under construction; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council whether this project is in compliance with the provisions of this ordinance; and be it further
ORDERED: That the City Manager be and hereby is requested to work with all parties to rectify this situation immediately if the project is not in compliance with the provisions of the ordinance.

O-10     Sept 15, 2014
COUNCILLOR SIMMONS
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Sandi Goldberg for a dedication at the corner of Prospect Street and Bishop Allen Drive in honor of her grandfather, Samuel Louis Klashman; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for their review and approval.

O-11     Sept 15, 2014  Amended
COUNCILLOR CARLONE
WHEREAS: It was reported this week that a bicyclist was injured in an accident involving a garbage truck at the corner of Inman and Harvard streets; and
WHEREAS: Last year, the City of Boston worked with researchers from the U.S. Department of Transportation's Volpe Center in Kendall Square to identify effective mechanisms for deploying "truck side guards," devices that are designed to prevent pedestrians, cyclists and smaller motor vehicles from rolling or falling underneath the body of a truck; and
WHEREAS: Based on the results of a pilot program, the City of Boston is now considering an ordinance that would require any large, city-owned trucks purchased after July 1, or trucks contracted out by departments, to be equipped with safety rails running alongside the vehicles' midsections; and
WHEREAS: Also last year, the City of Cambridge introduced a pilot program for truck side guards on a rubbish packer, a large dump truck used in snow operations and a clam shell truck; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with all relevant City Staff to determine if efforts to implement truck side guards could be deployed more broadly across all city trucks and trucks contracted out by departments; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on this matter.


O-12     Sept 15, 2014
COUNCILLOR MAZEN
COUNCILLOR KELLEY
COUNCILLOR MCGOVERN
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion to the City Council on the proposed amendment to the Municipal Code entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses" as follows: the legality of the proposal and provide feedback on any changes or alternatives necessary to the proposal. whether criminal fines can be issued as contained in Section V entitled "Penalty".

O-13     Sept 15, 2014
VICE MAYOR BENZAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the travel route taken by the circus animals including the City streets that are used to transport the circus animals, the education provision in Section VI of the proposed ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses"; and be it further
ORDERED: That the City Manager be and hereby is requested to provide copies of the proposals to ban exotic animals from Somerville and Plymouth to members of the Ordinance Committee.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Housing Committee held a public meeting on July 9, 2014 beginning at 5:30pm in the Basement Conference Room, 831 Massachusetts Avenue.

The purpose of the meeting was to discuss the Community Development Department's efforts to preserve expiring use buildings, and a discussion about inclusionary zoning and the Nexus study.

Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee; Vice Mayor Dennis A. Benzan; Councillor Dennis J. Carlone; Councillor Marc C. McGovern; Councillor Craig Kelley; Richard C. Rossi, City Manager; Brian Murphy, Assistant City Manager for Community Development; Chris Cotter, Housing Director, Community Development Department (CDD); Ellen Semonoff, Assistant City Manager for Human Services; Mike Connolly; Neal Alpert; and Paula M. Crane, Administrative Assistant, City Clerk's Office; Cassie Arnaud, Housing Planner; Anna Dolmatch, Housing Planner; Linda Prosnitz, Housing Planner.

Also present were Sheila Dillon, Victoria Bergland, Hasson Rashid, Kathy Watkins, Joseph Caparco, Alliance of Cambridge Tenants (ACT); Jan Devereux, Fresh Pond Residents Alliance; Michael Haran, Bill Tibbs, Florrie Darwin, Susan Schlesinger, Cheryl-Ann Pizza-Zeoli, Cambridge Affordable Housing Trust; Elaine DeRosa, CEOC; Andrew Spofford; Inez Salsman; Diane Hopson; Nancy Ryan; Esther Hanig; Gerald Bergman; Beverly Sealey; Lee Farris; Ellen Shachter; Susan Hegel; Susannah Deys; Peter Graham; Lauren Curry, Just-A-Start; William Smith, Jane Carbone, Peter Daly, Homeowners Rehab, Inc. (HRI); Lee Pedro, Gregory Russ (Executive Director), Michael Johnston, Terry Dumas, Cambridge Housing Authority; and Sherri Tucker.

Councillor Simmons convened the meeting and read the call of the meeting. She stated the agenda for the meeting (Attachment A) and asked that the Community Development Department then give a brief presentation regarding policies and practices of the department. She stated that because some of her colleagues have prior commitments she would give them the opportunity to speak early in the meeting.

Councillor McGovern stated that the most pressing issue facing the City of Cambridge is affordable housing. He stated that it is important to determine how best to keep people of all economic backgrounds in the city. He stated that when thinking about housing, it is important to incorporate the huge band of people and incomes, and to realize that what might constitute a decent living in other parts of the country might still be considered "struggling" in Cambridge. He stated that the three biggest areas to work on are raising the inclusionary zoning as high as possible without it resulting in developers not wanting to build anything, building on property that it is city-owned, and maintaining affordable housing.

Councillor Carlone stated that he personally has worked on 450 moderate/low income housing units. He stated that he has learned that land is everything. He noted that he was certain the Nexus study would be discussed later in the meeting, his belief that the City Council can control the Nexus study, and he then questioned if the City even needs said study. Councillor Carlone stated that he, along with Vice Mayor Benzan have proposed that parking lots be converted to affordable housing.

Councillor Simmons stated that the Alliance of Black Clergy is holding a vigil at 6:30 this evening in the wake of recent murder of Kensley David in Cambridge. She asked Vice Mayor Benzan if he would like to comment on the subject. Vice Mayor Benzan stated that he recently had the opportunity to spend some time with Mr. David's mother. He stated that during their conversation, the issue of housing and the difficulty of maintaining affordable housing arose. He stated that he would like to begin planning a mixed use development on building on City Lot #5, which is on the corner of Bishop Allen Drive and Norfolk Street. He stated that he would like to that site to be built with almost 100% affordable units. His hope is that the administration take a close look at this and noted that this lot should not be held hostage to a Master Planning process. He stated that he would like to see housing developed over the next year or so.

Mr. Rossi stated that the Community Development Department staff has worked closely with the Affordable Housing Trust to continue to try to preserve the diversity through affordable housing programs in Cambridge since the end of rent control. He noted that this was an easier task in the mid to late 1990s. He noted that some of the obstacles are the availability of sites, the cost of sites and the cost of trying to maintain affordability on expiring-use buildings. He stated that these are difficult problems even in a community such as Cambridge. Mr. Rossi stated that the price to develop affordable units is incredibly high. He stated that if the city is going to move forward in this regard it is imperative to move forward as a united community. This is a situation where all parties involved must realize and understand the full depth of the problem.

Councillor Simmons introduced Brian Murphy, and invited him to give an overview of affordable housing in Cambridge. Mr. Murphy provided an Affordable Housing Glossary (Attachment B) and Information Sheet (Attachment C) to the Committee. Mr. Murphy stated that CDD is very focused on expiring use preservation which is a critically important issue in the city. He stated that Briston Arms has been advertised for sale, and this is something the CDD is very concerned about. He stated the desire of the City Council to preserve the diversity of Cambridge by offering a range of programs to its residents. He stated that most of the programs offered are available to low and moderate income residents. He noted that these programs represent some of the ways in which lower income individuals and families have the ability to stay in Cambridge. Mr. Murphy noted the many partnerships in place with organizations such as the Cambridge Housing Authority, Just A Start, and Homeowner's Rehab, Inc. He noted that the Affordable Housing Trust allocates funding. Mr. Murphy then gave an overview on the demand for housing. He stated that over 9,000 people are on the waiting list of the Cambridge Housing Authority. He noted that this number does not reflect participants of the Section 8 voucher program.

Councillor Kelley asked about the 9,315 distinct applicant households on the Cambridge Housing Authority's waiting lists for housing. Mr. Murphy stated that the Cambridge Housing Authority has its own income eligibility criteria and wait lists, some of which have been closed for many years. He stated that the CHA often assists residents in inclusionary units, but that they are accessed through CDD with separate lists and with different eligibility criteria. Detailed data provided by CDD is from lists maintained by CDD.

Mr. Murphy stated that over the last several years, CDD has been very focused on expiring use preservation. He noted that many privately-owned affordable housing developments were built in the 1960s, 1970s and 1980s with affordability restrictions which ran for 30-40 years. He stated that without intervention, the affordable units at these properties are at risk of market-rate conversion when restrictions expire. He stated that since 2009, the City has helped preserve seven properties containing more than 424 affordable units which include the Cambridge Court Apartments, Bishop Allen/Norstin Apartments and Putnam Square/2 Mt. Auburn Street Apartments, and Chapman Arms.

Councillor Simmons asked Mr. Cotter where the upcoming expiring use buildings are located. Mr. Cotter stated that the three buildings that are of most immediate concern are Briston Arms, which consists of 105 affordable units; the Close Building, which consists of 61 units; and the Fresh Pond Apartments, which consists of 504 affordable units. As it relates to Briston Arms, Mr. Murphy stated that the financing restrictions are due to expire in a few years and at that point the owners could look to convert to market-rate housing. He stated that it is the hope that the owner sells this property to a purchaser who would preserve affordability. At this point, Councillor Simmons asked if the Community Development Department representatives could provide a definition of the 40T statute.

Mr. Murphy explained that 40T is a State statute that was passed five years ago. The Cambridge delegation was supportive of this statute, which now provides tools to housing at risk of losing its affordability. He stated that it is a "notice of sale" statue that gives the CDD the option to make the first offer for an expiring use building to preserve affordability, and that this statute allowed the City to preserve the affordability of buildings like Chapman Arms.

Mr. Cotter stated that the other side of preservation is the fiscal preservation. He noted that with CPA funds, the City has been in a position to assist a number of owners of affordable units in revitalizing existing housing. He stated that one of the best examples is the Lincoln Way development. He stated that with CPA funds they worked with the CHA and leveraged funds in order to demolish Lincoln Way and recreate a 70 unit development with state of the art, energy efficient units. This is a great example of revitalization which has preserved affordable housing.

Mr. Cotter stated that the City also assists in the creation of new affordable ownership and rental housing that is protected by long-term deed restrictions. He stated that strategies for creating new affordable housing include new construction, conversion of non-residential structures to affordable housing, and acquisition of market-rate housing. He cited examples of new construction as Port Landing (20 rental units), Temple Place Apartments (40 rental units) and Main Street Condominiums (10 homeownership units).

The discussion then shifted to what zoning tools the CDD has to work with. Mr. Cotter stated that the Inclusionary Zoning Ordinance, established in 1998, is one such tool, and it is a successful one. He stated that this zoning applies to residential developments of 10 units or greater and/or 10,000 square feet or greater. This ordinance required developers to set aside affordable units. He stated that there are 55 Inclusionary Zoning developments built or that are under construction, and that there are 10 more in the pipeline. He stated that there have been 767 affordable units (573 rental and 194 homeownership) created under Inclusionary Zoning and similar zoning requirements.

Mr. Cotter stated that the Housing Division of CDD administers City programs for first time homebuyers before, during and after their purchase. He stated that in addition to offering affordable homes for sale through a variety of City programs, the Housing Division provides homebuyer classes, one-on-one counseling, home improvement assistance and connection to resources to help families buy in Cambridge and stay in Cambridge. He stated that the Housing Division administers all rental units created through the Inclusionary Zoning Ordinance, as well as providing tenant assistance and referrals.

Councillor Simmons asked Mr. Cotter about residency requirements. She stated that many individuals and families have had to leave Cambridge due to the monetary difference in Section 8 vouchers versus market rates. She noted that people have moved out to salvage their Section 8 voucher (which would expire if they did not sign a lease in the specified timeframe), but then no longer have resident priority for housing in the City. Mr. Cotter stated that there are preferences in a many housing programs. He noted that the City of Cambridge preferences apply to inclusionary rental housing and homeownership. Preference is given to Cambridge residents and families with children under the age of 18, and additional preference for families with young children. He stated that for rental housing, preference is also given to applicants with emergency housing needs such as homelessness or a no fault eviction. Mr. Cotter stated that when speaking about preference for residents, it is defined very tightly, and that the City must be mindful of fair housing laws. He stated that it may make sense to expand the definition of preference and consider if there are changes that can be made within the preference criteria to support other city goals and programs. Some discussions worth having include whether the CDD should have preference categories for those who work in the city, for those who have CHA mobile vouchers, or those being priced out of the city.

Mr. Murphy stated that roughly 35% to 40% of Section 8 voucher holders are forced to go outside of the city because they cannot find an apartment in Cambridge. He stated that a Section 8 voucher holder only has four months’ time to find an apartment from the time the voucher is issued. He noted that the CHA has been a terrific partner in maintaining affordable buildings. He stated that with expiring use buildings, the deals are very complicated.

Vice Mayor Benzan asked about the feasibility of converting one lot to low income/moderate housing. Mr. Murphy stated that it there is a financial piece that must be considered. He stated that the City owns a series of lots. He stated that in some ways you need to consider how a developer might approach it. If a parcel is worth $1.5 million, that is $1.5 million equity that can go into an affordable housing transaction. For middle income housing, that need cannot be met with tax credits or typical housing subsidy sources which are limited in serving lower income households. He stated that CDD can analyze the opportunities and can then come back to the City Council with options. He stated that if the City Council's decision is to sell one of the parcels for affordable housing, it will then follow the land disposition process which can be very lengthy. Mr. Rossi added that the City wants to look at all options and does not want to rule out any possibility. He said that he wouldn't want to rule out selling land if it would end up as a better deal for the community, or would result in the greatest number of housing units.

Public comment at 6:30pm.

Sheila Dillon stated that she is concerned because she lives at Briston Arms. She asked Mr. Murphy to explain the status of Briston Arms. Mr. Murphy stated that currently the affordability of Briston Arms is guaranteed until 2018. He affirmed that nothing can be done until that time. He stated that currently the building has been offered for sale. He stated that it is the CDD's hope that someone interested in preserving the buildings will be among the bidders. He stated that in the worst case scenario, where a non-preservation purchaser was selected, the state would have the right to match that offer. The ideal scenario would be that the purchaser would maintain affordability well beyond the current requirements. That is the first goal. He stated that the City will know more over the next several months as the City would expect to hear from the selected buyer. He stated that the City of Cambridge has been engaged, though it is challenged in not knowing many details of the offering. Mr. Cotter stated that representatives from CEOC and Cambridge and Somerville Legal Services are present at this meeting, and they can help tenants and advocate on their behalf as they have for tenants in other expiring use buildings.

Cheryl Ann Pizza-Zeoli, 1221 Cambridge Street, asked if Mass Housing could allow prepayment of the mortgage. Mr. Cotter stated that they will have to look into that. Ms. Pizza-Zeoli stated that she and Elaine DeRosa just met with a resident of Briston Arms who was in tears because she is afraid of what is going to happen to her building. As it relates to the Nexus Study, she stated that the City Council should remember that they can only raise the contribution rate for incentive zoning every three years. It makes sense to wait for the result of the Nexus Study, so make certain that the best decision with all the up-to-date information is made.

Nancy Ryan, 4 Ashburton Place, stated that she would like to know if there can be an explanation about what properties over 30,000 sq feet are not considered or have not contributed to incentive zoning. She stated that she is curious to know why the Inclusionary Zoning amount has not been increased. Mr. Cotter stated that certain permits currently require contributions under the incentive zoning ordinance, while other special permits have allowed certain buildings to not trigger that requirement. He said that he did not have a complete list in front of him that state which buildings have been excluded.

Gerald Bergman stated that the City Council should adopt certain principles that would maximize the affordability of housing in Cambridge. He stated that Cambridge should continue to use 80% of the Community Preservation Act for affordable housing. He stated that Cambridge should commit itself to maintaining all expiring use buildings for affordable housing. He stated that Cambridge should move immediately to adopt the recommendation of the 2002 Nexus Study. He stated that Cambridge should explore initiating a jobs linkage fee. He stated that Cambridge must be more creative and aggressive in its Inclusionary Zoning proposals. He stated that incentivizing housing for the middle class is the proper thing to do. He stated that as it relates to city-owned lots, the City must maximize the potential for low and moderate housing.

Beverly Sealey asked the Committee to think about the elderly on fixed incomes who live at Briston Arms.

Susan Schlesinger stated that the Affordable Housing Trust cares about the issues being discussed tremendously, and it is important to keep in contact with the policy makers. She commented that hearing people talk about creating a larger pool of money is very exciting. She stated that the city needs to create a larger pool of money. She stated that incentive zoning was drawn narrowly because that was the only way to get it passed politically. She noted that federal money is shrinking and unless a bigger pool of money is created, more inclusionary housing, free city lots, and more affordable housing cannot happen. She noted that the Affordable Housing Trust is excited to work with the City Council.

Lee Farris asked why the incentive zoning rate has not been raised since 2002. She stated that she had read Ordinance Committee minutes from that time and she thinks the short summary of it is that then-Councillor Maher put the proposal into committee and it never came out again. The reasons were vague such as "it is not an opportune time" to move on this proposal. She stated that she is aware of the housing bubble but the time between 2002-2008 has been lost. She stated that there are many other possible ways that the City could look at increasing revenues for affordable housing, the ideas are too long to state at this meeting, but she would like to discuss them in the future. She stated that she looks forward to continuing dialogue to further discuss looking at viable options. Councillor Simmons stated that it is her goal is to set a housing agenda that the City Council can work on.

Ellen Shachter, Cambridge Somerville Legal Services, stated that she supports linkage around lots. She stated that the percentages for affordable housing are less than 15%. She stated that Inclusionary Zoning does not apply unless there are 10 or more units. She stated that the percentage should be higher and she would like to see an increase of affordable units to 20%. She noted that affordable units are critical for her clients. Cambridge should be looking at depth of affordability. She stated that people do not understand that the inclusionary program is not accessible to very low income people unless they have a voucher.

Susan Hegel, Cambridge Somerville Legal Services, thanked Councillor Simmons and City staff for convening this meeting. She noted that she has worked on the passage of 40T for over ten years and tried to fight against the state's recent change to the statute, which has weakened it somewhat. She stated that Briston Arms is an example of this recent change not working.

Peter Graham, 1035 Cambridge Street, Just A Start, thanked the City for its support for the work they do in partnership. He stated that as it relates to the Close Building, while it is expiring and will cost money, there is a unique role where Just A Start is engaged as a managing general partner because of activity that went on in the 1980s. He stated that Just A Start was able to step into a meaningful role and is engaged in the preservation plan. He affirmed that Just A Start has an open door policy.

William Smith, 24 Charles Place, Bronx, NY, asked what steps are being taken to preserve the affordable housing units in four years. Mr. Murphy stated that with expiring use buildings the City and its partners has had a good success rate of preserving buildings. He stated that it is imperative to keep the lines of communication open with owners, tenants and advocates. Additionally, he stated that the City and Affordable Housing Trust being aware of buildings at-risk and public and private resources available for preservation will help ensure a successful chance for preservation when the opportunity presents itself. The City resources are essential in leveraging other funds needed in a preservation transaction.

Peter Daly, Executive Director of Homeowners Rehab, Inc., thanked the committee for the meeting and stated that the challenges are greater than ever before. He stated that 40T conversations are better held when there is transparency. He emphasized that Cambridge prices have doubled but the incomes of people they are trying to help have not doubled. He stated that the federal government is bailing out. He noted that the State has been a great partner but we must look to ourselves to generate more resources. He noted that Cambridge is a wealthy community and we need to tap that wealth.

Greg Russ, 56 Churchill Avenue, Executive Director of the Cambridge Housing Authority, stated that when speaking about saved units, this is a unique collaboration and partnership with the City. He stated there is also a need to add units that are available to families. He stated that the need to create access to capital for investing in units that we have to preserve and figure out what to do with further cuts from the federal government. He stated that housing program funding is vulnerable. He stated that without money, we cannot subsidize.

Richard Krushnic, 20 Oak Street, encouraged the City and affordable housing advocates to start spending general revenues. He stated that it is a hard sell to do something like that. He stated that he works at the Boston Community Development Department. He stated that it has been a very important source of revenue, $30 or $40 million dollars currently.

Diane Hopson, resident of E. Cambridge, asked if the City has ever considered co-operatives. She stated that having Briston Arms become a 501C3 would preserve Briston Arms and prevent this from happening in the future. She stated that the Community Reinvestment Act is grants and money that they can offer for community development. She stated that this was passed in 1977. She stated that there are financial institutions that are waiting to be tapped into.

Public comment closed at 7:10pm.

Councillor Kelley stated that one of the problems that the City has with Inclusionary Zoning is that it creates the type of units that are already being built, which tends to be studios and one family homes. He stated that as he understands smart growth housing, the goal is to build housing that doesn't bring in kids. He asked if the City is looking at a way of getting around that and how much discretion will be used before Cambridge runs afoul of state and federal law. Mr. Murphy stated that the City Council asked CDD to look into inclusionary zoning as it relates to square footage. He stated that CDD is trying to figure out if that would require a zoning change or if it could be done in another way. He noted that CDD is trying to come up with ideas to address this issue such as the possibility of a FAR bonus to people that build 2 and 3 bedroom units. He stated that we have also to find way to recalibrate the market so that a developer looks at it and deems that it is in their best interest to build 2 and 3 bedrooms. Mr. Cotter stated that CDD would like to have larger units in the inclusionary components. He noted that if the market is not building larger units, we are limiting supply of affordable housing units and putting more pressure on the existing supply of family-size units in the city. Mr. Cotter stated that it is important to consider fair housing regulations as they relate to preference. He stated that different criteria and models can be looked at if the City Council so desires.

Councillor Kelley stated that he has ongoing frustration with the lack of cohesive plan. He stated that without a plan, it makes for a difficult budget and without a budget it is difficult to say how to move forward. He stated that if there were goals with numbers attached the City Council could start talking about using general fund dollars. He stated that absent the numbers, it is a vague and challenging discussion. Councillor Simmons stated that there are many competing interests as it relates to things being asked for by the City Council. She stated the need for a working plan for housing. A piece of this work involved dialogue on preservation and maintenance. She stated that with a plan moving forward, funding can be allocated.

Councillor Kelley stated that Kennedy School would be a perfect place for a city/early childhood education program. He stated that the City Council is not giving CDD good marching orders. He stated that he would like to see a number for what it will cost. He stated that the City should have a plan to buy these buildings. He questioned how much money the City should be raising to put aside to purchase buildings. He stated his ongoing frustration with the lack of clarity. Mr. Murphy stated that some of it comes down to how comfortable we are as a community about how much social engineering we want to do and uncertainty regarding what opportunities present and the many variables that play into what funding might be needed from the city.

Councillor Simmons noted that the Committee has received communications via the City Clerk's Office from Beverly C. Sealey, Fred, Alliance of Cambridge Tenants and Gerald Bergman (Attachments D, E and F) and asked that these communications be made part of the minutes of the meeting.

Mr. Cotter stated that it is important to think about what type of community we want. Councillor Simmons stated that it is important to have a housing conversation that leads us to a plan. Councillor Kelley stated that CDD is getting mixed messages. Councillor Simmons stated that the goal of the Committee is to make sense out of that.

Mr. Cotter stated that the City has put out an RFP for the Nexus Study. He stated that there have been two proposals that are being reviewed which will be followed by a recommendation to the Purchasing Department. He stated that the City Council can expect a report back by early 2015.

Councillor Simmons asked about the recommendation to the City Council regarding inclusionary zoning. Mr. Cotter stated that CDD is looking at the inclusionary zoning and talking internally with other departments on how best to approach that. He stated that if there is need for an ordinance change and methodology changes, a new rationale study would likely be needed. Councillor Kelley stated that 15% bumps down to under 12%, when it is put into practice. Mr. Cotter indicated that to have 15% affordable housing be the actual outcome, the base requirement would need to be increased to roughly 23%. Mr. Cotter stated that CDD is aware that if we look at raising that requirement we will also need to consider the density bonus, which compensates developers for creating required affordable units.

Councillor Kelley asked if the City runs the risk of failure if studies are not undertaken. Mr. Cotter stated that you do get into the legal realm and you want to put something into place that can be defended if ever challenged. He noted that in addition to the policy goals, you need to also look at legal standards and justifications. Mr. Cotter stated that they are trying to move forward with the best approach. Councillor Simmons asked if it is possible to get that information within thirty days. Mr. Murphy stated that CDD will make its best effort.

Councillor Simmons stated that the discussion will be ongoing and that the long-term goal is a housing plan. She stated that the diversity is the goal but the City must be deliberate if we want economic growth as well as ethnic and economic diversity.

Councillor Simmons thanked all those present for their attendance and participation.

The meeting was adjourned at 7:34pm.

For the Committee,
Councillor E. Denise Simmons, Chair

AWAITING REPORT LIST
14-19. Report from the City Manager:
RE: report on producing an updated report of the Concord-Alewife Plan.
Councillor Cheung 03/24/14 (O-4)

14-28. Report from the City Manager:
RE: report on creating a master list of all residential building managers citywide.
Councillor Simmons 04/28/14 (O-4)

14-29. Report from the City Manager:
RE: report on what options exist for dedicated office space for members of the City Council.
Councillor Simmons, Councillor Cheung & Councillor Carlone 04/28/14 (O-5)

14-36. Report from the City Manager:
RE: report on the feasibility of offering resident an online option to complete the City's annual census.
Councillor Cheung 04/28/14 (O-27)

14-39. Report from the City Manager:
RE: report on allocating an additional $140,000 annually to Cambridge and Somerville Legal Services.
Councillor Simmons, Vice Mayor Benzan & Councillor Carlone 05/05/14 (O-7)

14-40. Report from the City Manager:
RE: report on improving traffic congestion at the intersection of Upland Road and Massachusetts Avenue.
Councillor McGovern 05/19/14 (O-1)

14-45. Report from the City Manager:
RE: report on how to modify the Plastic Bag Reduction Ordinance with changes to the following: fees for bags, elimination of paper bags from the ordinance, elimination of the thickness of the plastic bag in the ordinance, increasing the timeframe for implementation of the ordinance and inclusion of compostable bags in the ordinance.
Councillor Cheung 05/19/14 (O-20)

14-48. Report from the City Manager:
RE: report on the establishment of a Central Square Action Team that will be charged with recommending and helping implement strategies that will help Central Square capitalize on and enhance its designation as a Cultural District.
Councillor Simmons 06/02/14 (O-2)

14-51. Report from the City Manager:
RE: report on the potential for creating a program to enable bilingual high school students to learn language interpretation skills and to practice those skills at community meetings and events throughout the City.
Councillor Carlone, Councillor Mazen, Councillor McGovern & Councillor Cheung 06/02/14 (O-5)

14-57. Report from the City Manager:
RE: report on drafting an ordinance that would limit the sale of single-serving PET bottles of 1 liter or less and develop a task force to provide clear guidelines for this ordinance.
Councillor Cheung, Councillor Simmons, Councillor Mazen & Vice Mayor Benzan 06/09/14 (O-3)

14-60. Report from the City Manager:
RE: report on implementing a truck ban on Concord Avenue and the possibility of traffic calming to reduce speeds of all vehicles on Concord Avenue.
Councillor Kelley 06/09/14 (O-4)

14-62. Report from the City Manager:
RE: report on ways to improve the safety of the intersection of Springfield, Cambridge, Hampshire, Inman, Antrim and Beacon Streets in Inman Square.
Councillor McGovern & Councillor Toomey 06/16/14 (O-3)

14-63. Report from the City Manager:
RE: report on rodent control operations and the possibility of providing rodent-proof trash barrels to residents.
Councillor Toomey 06/30/14 (O-1)

14-67. Report from the City Manager:
RE: report on contacting the owners of Fresh Pond Shopping Mall encouraging them to make safety improvements to the parking lot area and the feasibility of creating a safe pedestrian way from Fresh Pond Mall to Alewife Brook Parkway.
Councillor McGovern & Councillor Carlone 06/30/14 (O-10)

14-68. Report from the City Manager:
RE: report on designing and implementing a system of public bulletin boards on major streets and intersections throughout the City.
Councillor Mazen 06/30/14 (O-11)

14-69. Report from the City Manager:
RE: report on forming a pilot street team of engaged youth and residents as an experimental model for more consistent departmental outreach, community engagement, youth engagement and civic engagement.
Councillor Mazen 06/30/14 (O-13)

14-72. Report from the City Manager:
RE: report that the License Commission will not take further action on the proposed rideshare regulations and that the City Solicitor report on the City Council's legal authority over livery and taxi regulations.
Councillor Cheung & Councillor Mazen 06/30/14 (O-17)

14-73. Report from the City Manager:
RE: report on resuming negotiations to purchase and preserve the Whittemore Avenue Community garden site.
Councillor Carlone 07/28/14 (O-2)

14-74. Report from the City Manager:
RE: report on publicizing and convening a community meeting within 72 hours of any catastrophic event that could impact public safety.
Councillor Simmons 07/28/14 (O-3)

14-76. Report from the City Manager:
RE: report on police patrols in Area IV and post information on website of what measures are being taken with regard to safety in the neighborhood.
Councillor Simmons 07/28/14 (O-5)

14-77. Report from the City Manager:
RE: report on the loss of parking spaces in Municipal Lot #8.
Councillor Toomey 07/28/14 (O-8)

14-78. Report from the City Manager:
RE: report on the feasibility of launching a homeless donation meter program.
Councillor Simmons 07/28/14 (O-10)

14-79. Report from the City Manager:
RE: report on the feasibility of implementing a Neighborhood Captain Program.
Councillor Simmons & Vice Mayor Benzan 07/28/14 (O-11)

14-81. Report from the City Manager:
RE: report on how to ensure that the apprentice program provision remains part of the Cambridge Employment Plan.
Councillor McGovern & Councillor Simmons 07/28/14 (O-14)

14-82. Report from the City Manager:
RE: report on the feasibility of preparing a climate change checklist and evacuation plan for residents.
Vice Mayor Benzan & Councillor McGovern 07/28/14 (O-15)

14-83. Report from the City Manager:
RE: report on the feasibility of hosting a salsa festival between Sept. 15 and Oct. 15 and on organizing a cultural exhibit at City Hall that celebrates the Hispanic community.
Vice Mayor Benzan 07/28/14 (O-16)

14-84. Report from the City Manager:
RE: report on ways to improve the Planning Board process.
Mayor Maher, Vice Mayor Benzan, Councillor McGovern & Councillor Simmons 07/28/14 (O-17)

14-85. Report from the City Manager:
RE: report on playground and/or recreational facilities for Jackson Place Apartments.
Councillor Mazen 07/28/14 (O-18)

14-87. Report from the City Manager:
RE: report on the feasibility of either seeking space at the Senior Center or other municipal building to create a fitness center for affordable rates for seniors.
Councillor Cheung 07/28/14 (O-26)

14-88. Report from the City Manager:
RE: report on increasing enforcement of illegal parking in the bus stop at the corner of Cambridge and Sciarappa Streets.
Councillor Simmons 09/08/14 (O-1)

14-89. Report from the City Manager:
RE: report on the outsourcing of City jobs and how outside vendors are chosen.
Councillor Simmons & Councillor McGovern 09/08/14 (O-2)

14-90. Report from the City Manager:
RE: report on the City's hiring process and on what kind of professional development and career advancement programs are offered to existing employees.
Councillor Simmons & Councillor McGovern 09/08/14 (O-3)

14-91. Report from the City Manager:
RE: report on a summary of previous recommendations for the Volpe Center site included planning studies such as but not limited to, ECAPS, Neighborhood Planning Studies, K2, and efforts by the East Cambridge Planning Team and that the report summarize zoning and zoning overlays, and outline the development potential and limitation of this area.
Councillor Toomey 09/08/14 (O-4)

14-92. Report from the City Manager:
RE: report on evaluating the intersection of Cardinal Medeiros Avenue and Bristol Street for safety improvements.
Councillor Toomey 09/08/14 (O-5)

14-93. Report from the City Manager:  See Mgr #5
RE: report on the progress of the Task Force on Early Education Services.
Councillor Cheung 09/08/14 (O-8)

14-94. Report from the City Manager:
RE: report on creating a pedestrian way leading from the sidewalk on Alewife Brook Parkway to the Fresh Pond Mall parking lot.
Councillor McGovern 09/08/14 (O-9)

14-95. Report from the City Manager:
RE: report on an update on work underway to recommend changes to the Inclusionary Zoning Ordinance.
Councillor McGovern, Mayor Maher & Vice Mayor Benzan 09/08/14 (O-10)

14-96. Report from the City Manager:
RE: report on sample pro forma examples showing how formulas for development projects work, both under the current inclusionary ordinance and under various inclusionary updates or percentage increases.
Councillor Mazen 09/08/14 (O-16)