16. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 15-17, regarding a report on the feasibility of renaming Area IV.
Adopted 8-1 (Kelley voted NO)

19. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 15-96, relative to the future relationship between the Cambridge Redevelopment Authority and Boston Properties.

22. Transmitting communication from Richard C. Rossi, City Manager, relative to Policy Order No. 12 of 9/15/14, regarding the request for a legal opinion on the proposed amendment to the Municipal Code entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses; and Awaiting Report Item Number 14-98, regarding the request for information related to the proposed ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses" ("Proposed Ordinance"). [attachment]
Referred to Ordinance Committee

Oct 19, 2015
To the Honorable, the City Council:

This is in response to Policy Order No. O-12 of 9/15/14 regarding the request for a legal opinion on the proposed amendment to the Municipal Code entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses; and Awaiting Report Item Number 14-98, regarding the request for information related to the proposed ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses" ("Proposed Ordinance"). Policy Order No. O-13 asks 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 educational 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."[1]

Joseph Barr, the Director of the Traffic, Parking and Transportation Department described the traffic route previously taken by circus animals in Cambridge as follows:

Historically elephants from the Ringling Brothers and Barnum & Bailey Circus have walked through Cambridge on their way to the TD Garden. The animals are brought in by train along the Grand Junction rail line and disembark behind MIT's West Campus, adjacent to Pacific Street. The elephants would then use Albany Street to access Massachusetts Avenue, and then follow Massachusetts Avenue to Memorial Drive. The parade would then proceed along the river on Memorial Drive and Land Boulevard, then turn towards Boston on O'Brien Highway, crossing the Charles River on the Craigie Bridge. On local streets, the parade would be escorted by the Cambridge Police Department and the State Police, with the State Police taking sole responsibility from Memorial Drive onward. Spectators would often line the streets as the parade made its way to Boston. The animals would return via the same route, but typically during the night or evening with less fanfare.

With respect to the remainder of the questions posed in Policy Order No. O-13 and in response to Policy Order No. O-12, please see legal opinion of City Solicitor Nancy E. Glowa submitted herewith.

________________________________

[1] Jacquie Gambarini, one of the proponents of the Proposed Ordinance, provided information by email that the Ringling Brothers Barnum and Bailey Circus will no longer use elephants in their shows starting in 2018, that the proponents of the Proposed Ordinance would like to strike the clause related to railroads, and provided internet links to the Somerville and Plymouth ordinances related to wild and exotic animals. A copy of this email is attached to the opinion of the City Solicitor submitted herewith.

Very truly yours, Richard C. Rossi, City Manager

24. Transmitting communication from Richard C. Rossi, City Manager, relative to the proposed Community Benefits Ordinance.
Referred to Ordinance Committee

Oct 19, 2015

To the Honorable, the City Council:

I am hereby submitting the proposed Community Benefits Ordinance (the "Ordinance") for your consideration. The purpose of this Ordinance is to establish a Community Benefits Advisory Committee (the "Committee") which would be charged with identifying community benefits needs of the residents of Cambridge based on the priorities established by the City Council and with soliciting and evaluating applications for the provision of said services by qualified applicants in order to make recommendations to the City Manager for the allocation of Community Benefits Funds pursuant to grant agreements or contracts for the provision of said services. The Ordinance proposes establishment of a process for the City Council to periodically assess the City's funding priorities based in part on a needs assessment submitted by the City Manager which will identify Cambridge's most pressing community benefits needs and to make appropriations to a Community Benefits Stabilization Fund based on recommendations by the City Manager. The Ordinance also sets forth provisions governing the Committee's powers and duties as well as those relating to the appointment of Committee members and their terms.

In addition to the Ordinance, I am also submitting to the Council a document outlining a proposed governance framework which provides additional detail regarding the anticipated approach to the administration of funds for community benefits purposes. In particular, the Governance Framework is meant to provide context to the process set forth in the Ordinance by describing 1) the needs assessment process, 2) the City Council's role in establishing funding priorities, and 3) the guiding principles for the allocation of funds.

Collaboration with the Cambridge Nonprofit Coalition
Throughout this process, the City has worked with the Cambridge Nonprofit Coalition, a group comprised of executive directors from a number of local nonprofit organizations. The Cambridge Nonprofit Coalition's stated mission is to develop a collective voice for the nonprofit organizations that serve Cambridge residents and to promote collaboration by and among these organizations to address the needs of and thereby improve the quality of life for the City's residents. The result of the City's discussions with the Nonprofit Coalition is the development of the proposed governance framework that is transparent, equitable, and grounded in robust community engagement.

Update on the Citywide Needs Assessment Process
Further, I am pleased to report progress on the communitywide needs assessment. After the City Council appropriated funds to conduct a communitywide needs assessment on June 1, 2015, I convened a Needs Assessment Advisory Committee to begin work with TDC, the City's third-party consultant, to identify the community's most pressing needs and service gaps. The needs assessment is the first step to assist the City Council regarding funding priorities, and the subsequent development of recommendations for the investment of funds tied to the City Council's priorities.

Proposed Next Steps
We expect TDC to complete its work in Spring 2016 at which point the results of the needs assessment will be forwarded by the City Manager to the City Council for its consideration in establishing funding goals for the Community Benefits Advisory Committee. I recommend that the City Council vote to refer the Ordinance to the Ordinance Committee for consideration.

Very truly yours, Richard C. Rossi, City Manager

25. Transmitting communication from Richard C. Rossi, City Manager, relative to the establishment of the following two stabilization funds: Mitigation Revenue Stabilization Fund and the Community Benefits Stabilization Fund.

Oct 19, 2015
To the Honorable, the City Council:

Over the last few years, the City has accumulated mitigation revenues from various Developers as a result of commitments related to zoning ordinance amendments and special permit conditions. The revenues have been received from Developers including Alexandria Real Estate, Leslie University, Boston Properties, EF International, Novartis, MIT, Forest City, and Whitehead Institute.

As of June 30, 2015, $16,630,990 of mitigation revenues have been collected. While some revenues are restricted based upon the zoning amendment agreements, other revenues are less restrictive and available for more community benefit programs and services. In order to create a transparent process for collection and administration of these monies, I propose the establishment of two stabilization funds:

1. Mitigation Revenue Stabilization Fund. This fund shall accept, maintain, and administer the receipt of any funds offered and received in connection with the enactment of an amendment to the City's Zoning Ordinance or other agreements entered into with the City which provide funds to the City and held by the City to be expended on specific Capital/Infrastructure projects such as street scape improvements, design and development of parks, and transportation design improvements or for the provision of programs and services that directly benefit Cambridge residents. The mitigation revenues appropriated to the Mitigation Revenue Stabilization Fund are committed through written agreements with developers. The appropriation into the Mitigation Revenue Stabilization Fund shall take place after the Certification of Free Cash in September. The appropriation or transfer in and out of the fund require a 2/3 vote of the City Council.

2. The Community Benefits Stabilization Fund. This fund shall accept, maintain, and administer the receipt of any funds offered to and received by the City in connection with the enhancement of an amendment of the City's Zoning Ordinance or other agreements entered into with the City which provide funds to the City and are held by the City to be expended for the provision of programs and services that directly benefit Cambridge residents including but not limited to human services, the arts, cultural enrichment, sustainability measures, public health, housing, educational program focused on Science, technology, engineering and arts and mathematics ("STEAM") and other areas of community enrichment or other related purposes. The appropriation into the Community Benefits Stabilization fund shall take place after the Certification of Free Cash in September. The appropriation or transfer in and out of the fund require a 2/3 vote of the City Council.

According to MGL Chapter 44 section 53, all revenues received from any source must be channeled through the General Fund. Now that the Free Cash Certification is completed, I am requesting that $16,630,990 be appropriated from Free Cash to the Mitigation Revenue Stabilization Fund (see Agenda Item Number 26). I will also be back soon with a request to transfer a portion of the mitigation revenues that have been deemed Community Benefits to the Community Benefits Stabilization Fund.

Very truly yours, Richard C. Rossi, City Manager

---

Agenda Item No. 25A     Oct 19, 2015
ORDERED: That pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 5B, the City Council go on record establishing the Mitigation Revenue Stabilization Fund for the purpose of accepting, maintaining, and administering the receipt of any funds received by the City in connection with the enactment of an amendment to the City's Zoning Ordinance or other agreements entered into with the City or conditions of a special permit which require the provision of funds to the City and which are held by the City to be expended on specific capital/infrastructure projects or for the provision of programs and services that directly benefit Cambridge residents.

Agenda Item No. 25B     Oct 19, 2015
ORDERED: That pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 5B, the City Council go on record establishing the Community Benefits Stabilization Fund for the purpose of accepting, maintaining, and administering the receipt of any funds received by the City in connection with the enactment of an amendment to the City's Zoning Ordinance or other agreements entered into with the City or conditions of a special permit which require the provision of funds to the City and which are held by the City to be expended for the provision of programs and services that directly benefit Cambridge residents including but not limited to human services, the arts, cultural enrichment, sustainability measures, public health, housing, educational program focused on Science, technology, engineering, arts and mathematics ("STEAM") and other areas of community enrichment or other related purposes.

26. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of $16,630,990 to the Mitigation Revenue Stabilization Fund from Free Cash.
Adopted 9-0

27. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of $3,300,000 from Free Cash to the Public Investment Fund Community Development Department Extraordinary Expenditure Account for the Citywide Planning process. [attachment]
Charter Right - Toomey

7. A zoning petition has been received from Kiril Stefan and Catherine Alexandrov, et al. to amend the Cambridge Zoning Ordinance to extend the Business BA-3 zone on Western Avenue currently in existence from Howard to Jay Streets onto the even number side of Western Avenue from #s 158-168 which is three houses from the corner of Kinnaird Street to Jay Street.
Referred to Ordinance Committee & Planning Board

O-2     Oct 19, 2015
COUNCILLOR CHEUNG
VICE MAYOR BENZAN
WHEREAS: The City of Cambridge has a linkage fee that was most recently amended following a 2015 nexus study; and
WHEREAS: The linkage fee is triggered by projects exceeding 30,000 gross square feet and imposes a fee of $12 per square foot; and
WHEREAS: All funds generated by the linkage fee are dedicated to housing for low and moderate income households with the goal of creating and maintaining more affordable units in the City of Cambridge; and
WHEREAS: Other communities in the Commonwealth have found that there exists an additional nexus between new development in their cities and the need for job training for low and moderate income residents, and these communities have implemented Home Rule Petitions to institute Job Creation and Training linkage fees as well as Jobs Trusts; and
WHEREAS: Such jobs linkage fees are warranted to address employment barriers and occupational skill gaps in Cambridge's labor force and ensure that low and moderate income residents can fully benefit from the many job opportunities created by development projects; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City departments to draft a Home Rule petition that would allow Cambridge to establish a Job Creation and Training linkage fee to be managed by a Cambridge Jobs Trust.

O-3     Oct 19, 2015
COUNCILLOR KELLEY
VICE MAYOR BENZAN
COUNCILLOR CHEUNG
COUNCILLOR MCGOVERN
WHEREAS: Numerous studies now collaborate what our naturalists and poets have always said-trees are immensely beneficial to our urban environment and wellbeing; and
WHEREAS: The City plants hundreds of trees around Cambridge each year; and
WHEREAS: For multiple reasons, many of these trees die within the first year, often from a lack of sufficient watering; and
WHEREAS: The City actively plants trees, but long term maintenance of new plantings is difficult, giving the appearance that it is easier to dig up and replace failed trees than to properly care for existing trees, all at significant cost to citizens; and
WHEREAS: During the pilot Participatory Budgeting process, citizens demonstrated their desire to share in the maintenance of Cambridge's living infrastructure by establishing a program to plant 100 new trees and distribute watering hoses to abutters; and
WHEREAS: The City should welcome and encourage residents to become partners in keeping their street's trees in good condition; now therefore be it
ORDERED: That the City Manager be and is hereby requested to consider expanding the hose distribution program indefinitely for all new trees planted in sidewalk wells or behind sidewalks; and be it further
ORDERED: That to improve the efficacy of the hose distribution program, and provide an incentive for residents to actively care for the wellbeing of trees planted near their home or business, the city should explore establishing a credit to be applied to the water bills of participants, not to exceed $50 per year; and be it further
ORDERED: That participants should be eligible to receive this credit as long as the tree stays alive, for a period to be determined by the city, between 3 and 5 years; and be it further
ORDERED: That the City Manager is requested to report back to the Council on this matter.

O-4     Oct 19, 2015
VICE MAYOR BENZAN
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City Departments about the feasibility of a redesign contest of Carl Barron Plaza; and further be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council in a timely manner.

O-9     Oct 19, 2015  Amended
COUNCILLOR CHEUNG
WHEREAS: The Alewife Quadrangle and the neighboring Cambridge Highlands are separated from the Alewife Triangle by MBTA operated commuter rail tracks; and
WHEREAS: The Alewife Triangle houses the Alewife MBTA station, which acts as a hub for both the commuter rail and the MBTA's Red Line; and
WHEREAS: Without any crossings over the MBTA tracks, pedestrians and bicyclists are forced to access the Quadrangle and Cambridge Highlands via roundabout routes using Alewife Brook Parkway and Concord Avenue; and
WHEREAS: In 2013, the City awarded $375,000 for a feasibility study of a bridge/platform across the MBTA tracks, which could greatly improve access to Alewife station; and
WHEREAS: The area is undergoing rapid development, making pedestrian and bicycle access an increasingly important priority; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate department heads to review the planning work done thus far on the Alewife bridge/platform project and to review the next steps the City can take to see the bridge constructed; and be it further
ORDERED: That the City Manager be and hereby is requested to provide an update on the City's work with property owners in the area with regard to the Alewife bridge/platform project; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council in a timely manner; said report to include a review of building a commuter rail stop to be built with any combination of air right development incentives.

O-11     Oct 19, 2015
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge has a track record of supporting sustainability initiatives in the City; and
WHEREAS: Urban gardening has been gaining popularity in recent years, and takes place in many forms, from rooftop gardens to small farms located in shipping containers; and
WHEREAS: It has come to the attention of the City Council that outdated zoning restrictions place unnecessary limitations on some forms of urban gardening, most notably with gardens located in shipping containers; and
WHEREAS: Under the current Zoning Ordinance rooftop and container farms are considered separate agricultural uses which are not allowed in business districts, where many restaurants and businesses who would make use of the farms are located; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department to review zoning regulations for urban gardening with an aim towards encouraging farm uses in the City; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to expedite their efforts on crafting an amendment that would not treat reasonably sized shipping container and rooftop farms as agricultural uses when they are being used as an accessory to the principal use of a business.

O-13     Oct 19, 2015  Amended
COUNCILLOR KELLEY
WHEREAS: The Cambridge Common provides for recreational space that serves as a frequently traveled thoroughfare for pedestrians and cyclists alike; and
WHEREAS: Mixed-use patterns of the Common can be reasonably anticipated and should be planned for to improve the safety of all users; and
WHEREAS: The Cambridge Common should serve as the City's public face of urban park planning and design, drawing upon the best practices used throughout our park system; now therefore be it
WHEREAS: The mixed-use patterns of the Common should accommodate all users and mitigate conflicts between cyclists and pedestrians on the multi-use paths; and
WHEREAS: The bicycle signal at Cambridge Street and Mass Ave produces confusing guidance to cyclists heading north along Mass Ave from Flagstaff Park and is in conflict with cars turning left off of Cambridge Street onto Mass Ave; now therefore be it
ORDERED: That the City Manager be and hereby is requested to review pedestrian and bicycle path plans for the Cambridge Common in consultation with the Community Development Department, with the intent of clarifying rules for use and minimizing potential hazards to and conflicts between cyclists and pedestrians; and be it further
ORDERED: That the City Manager be and hereby is requested to have City staff investigate the Cambridge Street bike-light with the intent of clarifying traffic patterns; and be it further
ORDERED: That the City Manager be and hereby is requested to direct that the Community Development Department include in its review of the Cambridge Common paths a consideration of the effectiveness of using arrows and stripping on the paths and appropriate signage; and be it further
ORDERED: That the City Manager is to report back to the City Council on this matter.

O-16     Oct 19, 2015
COUNCILLOR MCGOVERN
WHEREAS: 808 and 812 Memorial Drive are home to over 800 residents, many of them young children; and
WHEREAS: 808 and 812 Memorial Drive are located at one of the busiest intersections in Cambridge; and
WHEREAS: 808 and 812 Memorial Drive are across the street from the heavily used Riverside Press Park; and
WHEREAS: Over the years there have been many near-misses between cars and pedestrians crossing River Street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Traffic, Parking and Transportation Department and the Department of Public Works regarding the feasibility of installing a speed bump in a suitable location on River Street in order to slow down cars racing over the bridge as they enter Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to reach out to the 808-812 Tenant Council for additional information needed in planning and to report back to the City Council with recommendations.

O-18     Oct 19, 2015
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge is concerned with both improving the quality of its residents' lives and environmental sustainability; and
WHEREAS: The City Council recently adopted a "Net Zero" action plan, part of which included the City's goal to reduce wasteful energy use in the pursuit of lower carbon emissions; and
WHEREAS: Installing solar panels provides and alternative source of energy that does not contribute to increasing levels of carbon in the atmosphere and falls in line with the City's "Net Zero" goals; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Community Development Department and other relevant departments to draft a zoning ordinance that would see the installation of solar panels be as of right in all zoning districts in the City.

O-21     Oct 19, 2015
COUNCILLOR MAZEN
COUNCILLOR CARLONE
WHEREAS: It is regular practice that roundtable meetings of the City Council are not televised or recorded; and
WHEREAS: Many members of the public are unable to make these important meetings due to work schedule, lack of childcare, or other factors out of their control; and
WHEREAS: Residents have made repeated inquiries, requesting that roundtable meetings be televised; and
WHEREAS: While minutes are taken at these roundtable meeting meetings, they are not available publicly until weeks after the meeting has occurred; and
WHEREAS: Video recordings of future roundtable meetings would ensure both transparency and accurate accounting for posterity; now therefore be it
ORDERED: The City Manager be and hereby is requested to coordinate with the appropriate departments to record, broadcast, and live-stream the scheduled Oct 26th roundtable meeting to discuss city-wide planning; and be it further
ORDERED: The City Manager be and hereby is requested to coordinate with the appropriate departments to record, broadcast, and live-stream all future roundtable meetings.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Economic Development & University Committee conducted a public hearing on Sept 24, 2015 beginning at 9:34am in the Sullivan Chamber.

The purpose of the hearing was to discuss the need for Cambridge to establish a wage theft ordinance.

Present at the hearing were Councillor E. Denise Simmons, Vice Mayor Dennis Benzan, Co-Chairs of the Committee; Councillor Marc McGovern; Councillor Nadeem Mazen; Richard C. Rossi, City Manager; Nancy Glowa, City Solicitor; Amy Witts, Purchasing Agent; Dan Schwartz; Neal Alpert; and Paula M. Crane, Deputy City Clerk.

Also present were Darlene Lombos, Executive Director, Community Labor United (CLU); Allie Padgett, Carpenters Union; Lindsay McClusky, Greater Boston Labor Council (GBLC); Lou Mandarini, Esquire; and Lenita Carmo, Brazilian Worker Center (BWC).

Councillor Simmons stated that she convened the hearing as part of the Economic Development and University Relation Committee's continuing efforts to ensure that Cambridge is truly a leader in establishing best employment practices, raising the bar in how the City treats its employees and working to ensure that all people working in the community are treated fairly. She stated that she and her colleagues have taken great pride in standing shoulder to shoulder with the working men and women who make up the life's blood of the community. She stated that the City has urged, demanded and cajoled those who do business in Cambridge to treat all of their employees fairly, which includes paying prevailing wages, providing healthcare wherever possible and treating everyone with the dignity and respect that all working people deserve.

Councillor Simmons stated that as part of this process, it is important to continually examine whether the City's policies and ordinances match the City Council's aspirations and intentions. She stated that even though Cambridge has a well-deserved reputation as both an excellent employer and a business-friendly community, we can and must always strive to do better. She noted that in doing this, it is important to take stock of policies on a regular basis and consult with allies in the labor sector to see where the City can strengthen its policies and what actions can be taken to give the City greater authority when pushing other employers in the community to adopt best practices.

Councillor Simmons remarked that this is part of a rolling conversation that she has been helping to lead throughout this Council term. She stated that she is fortunate to have dependable allies, such as the people from the Greater Boston Labor Council and the SEIU, that she can bounce ideas off of, get feedback from, and see how the labor policies of Cambridge measure up to places such as Boston, Somerville, and other surrounding communities. She added that the conversations have recently focused upon the idea of Cambridge establishing a Wage Theft Ordinance. She stated that she invited Lindsay McCluskey and Darlene Lombos to join the conversation. She stressed that this hearing is just the first of what will be many conversations on this matter. She stated that she looks forward to learning the answers to the following questions: 1. What is a Wage Theft Ordinance?; 2. Why should Cambridge adopt a Wage Theft Ordinance?; and 3. How might adopting a Wage Theft Ordinance help strengthen our community? She stated that after those questions are answered she would like to think about next steps in this process. She invited Lindsay McCluskey and Darlene Lombos to help educate the group.

Ms. McClusky gave a brief overview of the Memorandum that was submitted to the Economic Development and University Relations Committee. (Attachment A). She stated that she is an organizer at the GBLC. She stated that the GBLC is concerned with making sure that workers are getting wages into their pockets. This has been an issue of concern for her organization, and they have working on this issue in communities throughout the region. She noted that Cambridge has long been a leader in ensuring that employers are responsible, and she added that we now have an opportunity to do better in the area of wage theft, by looking at new ways to protect workers. She stated that wage theft is a growing crisis in America. She stated that millions of workers are being robbed of an honest day's pay for an honest day's work. She said that wage theft takes many forms, including when workers are being paid less than minimum wage, not being paid time and a half for overtime hours, being forced to work off the clock, or having illegal fees deducting from paychecks and being misclassified as an independent contractor so that employers can avoid paying minimum wage, overtime, workman's compensation or payroll taxes.

Ms. McClusky stated that wage theft is not just a practice of a few employers in specific industries, but is rampant across many sectors including construction, retail, hospitality, property services, health care, and so forth, and it happens at all levels. She noted that in Massachusetts, nearly 5,000 wage theft cases are filed with the Attorney General's Office annually, and since 2009, the Joint Task Force on the Underground Economy and Employee Misclassification has recovered over $40 million for workers and the Commonwealth from unpaid taxes, workman's compensation, and nonpayment of wages and overtime. She stated that according to just one worker center in the region they have recovered over $250,000 in unpaid wages and overtime for Brazilian immigrants in various industries in the last year alone.

Ms. McClusky gave examples of work that had been completed to date on this issue. She stated that a committee has been convened with unions and community organizations that are working together to combat wage theft in the region. She stated that in Oct 2014, Boston Mayor Martin J. Walsh issued an Executive Order to establish requirements for city contractors, procurements, and licensing to ensure that the City of Boston was doing business with responsible employers that do not have a track record of wage violations. She stated that just last week this Executive Order was expanded to require all new and renewing food and liquor licenses to complete a CM Form 16, which licensees must sign under the penalties of perjury that they will adhere to the provisions of the Executive Order.

Ms. McClusky stated that her organization has recently worked with the Cambridge City Council to pass a resolution calling on Callahan, Inc. to meet with local labor leaders and explained that in March of 2015, in partnership with the Carpenters Union and other coalition partners, they took action against wage theft at a Cambridge job site at 165 Cambridgepark Drive, where Callahan, Inc. was the general contractor. She added that Callahan has a long track record of payroll fraud and wage theft.

Ms. McClusky stated the Wage Theft Prevention ordinance that she would like to see introduced would include provisions that would ensure that Cambridge is a leader on this issue and that it does not do business with entities that have a track record of wage violations. She noted that the ordinance would make a few key changes, including:

Standard Contract Provision: This would incorporate new language into Cambridge's standard contract general conditions, which would apply to all new or renewed city contracts. This language would require that the contractor must certify that neither it nor any of its subcontractors have had wage violations within the past three years and if so, they must disclose this information and provide a wage bond or insurance.

City Procurements: New provisions would be included in requests for proposals, invitation for bids or request for qualifications that would require prospective vendors to certify that neither they nor any of their subcontractors have had wage violations within the past three years. If they have had any criminal or civil judgment, administrative citation, final administrative determination, order or debarment, they must disclose that and include copies with their bids or proposals. She explained that as it relates to a wage bond, vendors that have disclosed a wage violation may be required to obtain a wage bond or other form of suitable insurance equal to one year's gross wages for all employees and furnish their monthly certified payrolls to the City for all employees working on the contract.

Contracts between the City of Cambridge and the United States (or a corporation owned by the United States) would be exempt from this policy.

The Cambridge License Commission could consider whether a potential or current licensee has committed a wage violation in determining whether to issue, reissue, modify, suspend or revoke a license.

Ms. Lombos added that there have been some recent events that have taken place on the federal level that pertain to this discussion. She stated that the United States Department of Labor (DOL) and the National Labor Relations Board have taken leadership on various rulings. She stated that the DOL is using current labor laws to say that there is a change in the way that employers/employees relate to each other. She stated that there have been many reports on the issue that labor laws have not caught up to the way that the labor force is not keeping up with the economy. She stated that the DOL is trying to stretch the current law that contractors are to be held responsible. As an example, McDonald's employees have the green light to hold the McDonald's corporation accountable for violations in the workplace. She explained that the McDonald's corporation has always maintained that each restaurant is a franchise and they should not be held liable for what is happening in each restaurant. She noted that this is an example of the importance of taking action, which then gives the federal government the help it needs to go after larger companies. She noted that there have been great recent developments on worker protections.

Councillor McGovern stated that he sees no reason for the City not to support such an ordinance. He questioned how much leeway the City would have in the event that a City contract was awarded to a company with a bad reputation because it was the lowest bid, and whether the City would have the option in this scenario of not awarding a bid to that vendor. Mr. Rossi stated that generally it is not easy to eliminate a bid, but added that something such as an ordinance that provides the City the ability to suspend a company from future bidding if there is a known and proven violation could be worth further exploration.

Amy Witts stated that the City has the ability to add certain requirements up front on a bid. She stated that she does not see a problem adding a form such as that of Boston, after a legal review by the City Solicitor has been conducted. She added that the City already establishes requirements regarding prevailing wages, living wages, and certified payrolls.

Councillor McGovern stated that within his first two months of being a City Councillor, he and his colleagues on the City Council stood with workers who were seeking better treatment from the likes of Lesley University, Cambridge College and Harvard University, and were asking for the protection of workers' rights. He stated that it is difficult for him to go to private organizations asking for these types of job protections if the City is not also doing its part. He stated that he does not want the City to contract with companies who engage in unfair labor practices.

Councillor Simmons stated that this ordinance would set the standard. She stated that a Wage Theft Ordinance would explain to all that this is the climate that is in place in the City of Cambridge. She noted that contractors want to do business in and with Cambridge, and will do whatever they can to get the work. She added that if something can be done within the parameters of the RFP process it would be a good thing as well. She emphasized that Cambridge cannot do less than Boston and she does not want developers feeling that they could be held less responsible in Cambridge than in the City of Boston, especially when it comes to construction and development work.

Mr. Rossi stated that a concern is that companies that cut corners or cheat workers out of the money they have earned are actually ripping off taxpayers in Cambridge. He stated that a contractor calculates cost based on criteria and if they are only paying workers $12, they are taking more money out of the contract, which injures the entire City. He stated that if this is the ordinance that protects this activity from taking place, then it will be a good thing.

Lou Mandarini stated that Cambridge would be on its strongest legal footing if it makes certain that it is not in conflict with the state's wage laws, and that is why his team has drafted something that would serve to assist and enforce those statewide wage laws. This new proposal would give people a clear place to report wage violation complaints, which would all get funneled to the Attorney General's Office and then properly assessed and addressed. His organization has seen where wage theft is rampant, and these proposed changes would allow people to have an easier time reporting violations. The closer to the street that these reports come from, the easier we make it to report violations, the better it is for the workers, the taxpayers, and the community.

Ms. Lobos stated that the form that the City of Boston is currently requiring can be shared. She stated that the form can also be used for any renewals or applications for licenses or permits. She noted that this form is key to ensuring that there are clear expectations, in writing, as to what is being asked for. She stated that this does not say that the work cannot be contracted out but it makes clear that if you have been found with a violation you can still bid on jobs but must now have a wage bond.

Vice Mayor Benzan stated that he had looked at a report from the Boston Foundation. He stated that it was not surprising to see that wages have remained stagnant. He said that one problem is making sure that Cambridge people get Cambridge jobs. He added that it is his hope to come up with creative ideas to ensure that everyone is making a living wage and he affirmed his belief that the committee is on the right track in achieving that goal.

Councillor McGovern asked about the intimidation that takes place with the workers. Ms. Carmo responded that unfortunately intimidation often takes place. She stated that they see many cases where the workers have worked more than a year and then the employers begin to pay them only half of their wages. She stated that the workers continue to work because they need to support their families and they think that they will eventually be paid by the employer in the future. The employer then tells the workers that their work wasn't good and then refuses to pay them. She noted that this happens all the time.

Councillor Simmons proposed that a working group be created to craft language and prepare a document that could then be submitted to the City Council for its approval.

Mr. Rossi suggested that the Economic Development and University Relations Committee refer this matter to the City Manager's Office to establish a working committee on this matter. Councillor Simmons stated that it might be preferable to keep this matter in committee prior to handing it off to the City Manager's Office, and she stated that she will have further conversations with the City Manager about this matter in the days ahead.

Councillor Simmons thanked all those present for their attendance.

The hearing was adjourned at 10:19am.

For the Committee,
Councillor E. Denise Simmons, Co-Chair
Vice Mayor Dennis A. Benzan, Co-Chair

Committee Report #2
The Economic Development & University Committee conducted a public hearing on Sept 16, 2015, beginning at 10:25am in the Sullivan Chamber.

The purpose of the meeting was to discuss the establishment of a Cambridge Taxi Industry Working Group.

Present at the hearing were Vice Mayor Dennis A. Benzan, Co-Chair; Councillor E. Denise Simmons, Co-Chair; Councillor Marc McGovern; Councillor Leland Cheung; Councillor Nadeem Mazen; Councillor Craig Kelley; Richard C. Rossi, City Manager; Elizabeth Lint, Executive Director, License Commission; Jack Albert, Deputy Superintendent, Cambridge Police Department; Arthur Goldberg, Deputy City Solicitor; Joseph Barr, Director, Traffic, Parking and Transportation Department; Lee Gianetti, Director of Communications and Community Relations; Maritza Merino; Neal Alpert; Christian Schlachte; Wil Durbin; Dave Mattei; and Paula M. Crane, Deputy City Clerk.

Also present were Tibor Hangyal, Eugene Dorvil, Gurwinderjit Saini, Dave Shirzay, Sassine, Michael Gervais, George Fiorina, Richard Carbone, James L. Carbone, Jr., Gustavo Hernandez, Balwinder Gill, Kuldip Singh, Peter Sheinfeld, Nelson Hernandez, Walid Nakhoul, and Gary Mello.

Vice Mayor Benzan opened the hearing and stated the importance of running an efficient meeting to enable the committee to discuss solutions. He stated that the committee members and the rest of the City Council are allies with the taxi industry. He noted the importance of working together.

Mr. Rossi stated that on Sept 15, 2015 he, along with Mayor Curtatone of Somerville and the Police Commissioner of Boston, testified before the Joint Committee on Financial Services. He stated that he testified before the committee regarding the creation of a regulatory framework for Transportation Network Companies (TNC) operating in the Commonwealth that ensures the same consumer and safety protections that exist in the taxi regulations. He stated that Cambridge is a tale of two cities: one tech-savvy and young who live to use this type of service and another segment of people who have grown up relying on the taxi industry which has been their salvation. He stated that it would be a shame if one survives and the other fails. Mr. Rossi emphasized the importance of establishing a level playing field. He noted that these protections should include insurance standards for TNCs and drivers, rigorous background checks and a permitting system for all TNC drivers, a standardized vehicle inspection system for TNCs, standards to ensure that ADA accessible vehicles are available for persons with disabilities, a pricing disclosure system and a Municipal Advisory Board on TNCs. He stated the need to promulgate rules that equalize these two groups to ensure that customers are protected and safe in using these services. He added that he urged the Joint Committee on Financial Services to act quickly without delay with the hope that all communities will become standardized in their requirements.

Mr. Rossi stating that ballooning of charges at any time is unfair and inappropriate. He stated that it was suggested to the Committee on Financial Services the establishment of a Municipal Advisory Board which would include Cambridge, Somerville, Boston and surrounding communities. He stated that this would be in helping communities discuss their specific needs. Mr. Rossi stated that if the legislature supports Governor Baker's bill, it may not be everything that everyone would want but it would create equity for both groups.

Mr. Rossi stated that since the fall of 2014, Cambridge has hosted a municipal TNC working group which discusses challenges and solutions that communities in the greater Boston area are exploring. He stated that the cities of Boston, Somerville, Chelsea and the Town of Brookline and the Metropolitan Area Planning Council have been active participants in this process.

Mr. Rossi stated that at the Sept 15, 2015 meeting there was some testimony about what is going to happen financially to taxi drivers who have mortgages on their medallions. He stated that as a community, Cambridge will to help the legislature to work on these issues. He advised that it is going to take the COC, the taxi industry and the TNCs working together. He noted that if Cambridge, Boston and Somerville are united then the whole region would be on board and the legislature would be hearing from a large representation of people.

Ms. Lint stated that the Mr. Rossi expressed well the main points of the discussion on Sept 15, 2015 with the Joint Committee on Financial Services. Uber has come to table and stated that they will regulate their way or not at all. She stated that they claim that they do thorough background checks but the License Commission has never seen them. She stated that these background checks are farmed out to third party.

Councillor Mazen stated that as it relates to a surcharge, the state would probably level something in order to administer the program but added that it is also up to each city to levy their own. He stated that it will have to be in keeping with a national conversation. Mr. Rossi stated that there was concern in the legislature regarding whether the state is going to do something that will cause the administration to spend many dollars. He added that the state will probably push back to cities and towns about how this will work.

Councillor Simmons stated that she is concerned with the insurance issues with TNCs. She stated that she has gone to the state trade association and no one has seen their insurance policies. She stated that she feels that the City needs to subpoena this information. She stated that there have been incidents where the Uber insurance policy or the vehicle policy did not cover damage. She asked if the issue of insurance was discussed at the hearing. Mr. Rossi responded that there was a lot of testimony and conversation about the issue of insurance. He stated that he believes this is a topic that the legislature will tackle.

Councillor Simmons suggested the possibility of issuing a moratorium of TNCs operating in the City of Cambridge until the City can confirm that the vehicles are insured. She stated that she would like to know the overall policy that Uber holds as she would like to know to what degree the drivers and passengers are protected. She asserted that it is important to push on the legislature to state that there is liability and exposure here. Mr. Rossi noted that the legislature concurs that the insurance aspect is a very important issue. He suggested that the City Council could introduce a resolution expressing the City Council's concern which could be sent to the legislature. Councillor Simmons stated that she would be happy to sponsor such a resolution.

Councillor Mazen stated that he concurs with Councillor Simmons. He stated that TNCs are happy to share data if you make them. He stated that it is his understanding that it is an umbrella insurance policy across the whole network which provides a certain amount for personal coverage and a certain amount for collision. Councillor Simmons responded that identical liveries should not have difference insurance regulations as the liability is identical.

Vice Mayor Benzan stated that it would be beneficial to know how many Uber and TNCs are operating in the City of Cambridge.

Councillor McGovern stated that there are a couple of different conversations that need to take place. He stated that there is unanimous support of the City Council for a level playing field. He noted that people utilize Uber because it is convenient, easy, and has a quick response time. He stated that he was excited to see the launch of the taxi application. He questioned what will put money back in the pockets of taxi drivers and asked what the City Council can do to help the taxi industry win back customers. He stated the need for a better marketing strategy and asked how the City of Cambridge can be a better partner to the taxi industry. He stated that regulating the TNCs is not the only answer.

Councillor Kelley stated that Uber and dispatch services are the first major intersection of government regulation and private business. He noted that we will see more of that with retail outlets, lodging houses, etc. He said that the Uber and TNC discussion should be viewed as an example of the cumbersome nature of how government deals with fast moving things. He stated the importance of looking forward to similar industries by the way the internet allows people to do business. He stated that we need to learn to be faster for everyone's sake.

Councillor Cheung stated that an additional problem is that when Uber and TNCs are parking in taxi cab zones. He noted that often sees these vehicles utilizing metered spots and idling. He stated this is problematic and a part of the un-level playing field. Mr. Rossi stated that one of the proposals at the hearing was that Uber and TNCs would have to be marked in the same way that taxis are. He noted that this will allow parking control officers and police to enforce parking restrictions.

Nelson Hernandez, 126 Pennsylvania Avenue, Somerville, stated that he a taxi owner and operator. He stated that there were discussions about hybrid insurance which does not work. He stated that most of the problem is that Uber and TNC drivers want to work part-time while taxi drivers work 40 hours or more. He stated that these drivers do not want background checks or insurance regulations. He noted that these drivers will only comply with regulations if they are made to do so. He stated that they do not want to furnish fingerprints and he does not understand why. He stated that he understands the convenience of Uber and TNCs but he noted the need to limit the numbers of these vehicles as well as better enforcement. He noted that these drivers pick up fares in cab stands and in the middle of the street and block bike lanes. Mr. Hernandez stated that the hotel industries do not promote the use of taxis. He stated that the concierges need to be educated. He stated that Uber cars are sitting in front of hotels and the taxis get no work. He stated that cab drivers get a bad rap even though they have better cars that are more efficient. He stated that cabs do not implement surge pricing.

Peter Sheinfeld, Lee Street, Cambridge, stated that he is taxi owner and operator in Boston. He stated that the legislative items that were being discussed at the hearing were Bill 3551 and Bill 3702. He noted that the majority was in favor of Bill 3702 as Bill 3551 was relatively weak. He stated that Bill 3702 calls for much stronger enforcement and more stringent requirements. He stated that Uber has an insurance policy which protects Uber. He stated that a unified application is a topic that is continually discussed. Mr. Sheinfeld stated that Boston has 1,825 cabs with 6 waves and suggested that Cambridge have 7 waves. Mr. Sheinfeld that the quick service is one of the biggest appeals of Uber. He stated that regulation of the number of TNCs would be beneficial.

Richard Carbone, 21 Eugene Drive, Winchester, MA, stated that he is the General Manager at the Harvard Square Hotel and the Inn at Harvard. He stated that he has been president of the Cambridge Taxi School for twenty years. He noted that Cambridge and Boston are the only cities that have a taxi school and added that they have been very successful. He stated that Uber drivers are not required to attend Cambridge Taxi School. He stated that the taxi industry is united in the belief that the standards for livery services and the taxi industry are equal. He stated that one of the biggest problems as a hotel manager is that Uber pricing is lower than that of a taxi. He stated that this is a problem because it should be uniform pricing. He stated that in his capacity as a General Manager he is very "hands on." He stated that when Uber is called they cannot find the Harvard Square Hotel. Mr. Carbone stated that the issue of public safety must be addressed. He stated that the cab industry is united in that they just want the competition to be fair. He stated that it should be mandatory Uber and TNC drivers to attend taxi school to become educated on the City of Cambridge and issues including accessibility, dogs, and disabilities.

Vice Mayor Benzan asked why cabs are more expensive. Mr. Carbone responded that the City sets the meter rates for taxis but does not set the rate for Uber and TNCs. He stated that these entities balloon during peak demand periods and they poach fares. Vice Mayor Benzan asked Ms. Lint how the city arrives at the taxi rate. Ms. Lint replied that the meter rates are based on time and distance. The rates are arrived at from the industry based on gas prices, cost of living increases, and insurance rates. Mr. Carbone added that Uber will raise their prices but are currently getting customers accustomed to smaller fees which will increase in the future.

Balwinder Gill, 41 Walden Street, stated that he is a taxi owner/operator. He asked the City Council to help the taxi owners avoid bankruptcy. He stated that he would like the City of Cambridge to assist the medallion owners in dealing with the bank to help reconstruct their loans. He stated that immediate help is needed.

Vice Mayor Benzan stated that the federal government established a loan modification program when real estate took a downturn. He asked if anything similar has been implemented for the taxi industry. Mr. Gill responded in the negative and re-affirmed that the medallion owners need the City's help to work with the banks. Vice Mayor Benzan explained that he would like to include banking industry representatives in the discussions with the working group to collaborate and create solutions around this particular issue. He added that it is imperative that the banking industry participate in these discussions.

Dave Shirzay, South Boston, thanked the City of Cambridge for its support at the state hearing on Sept 15, 2015. He stated the taxi industry needs the support of the City in bringing more taxi business back into Cambridge. He stated that they need assistance in changing the locations of some taxi stands such as at the Galleria Mall and Central Square. He stated that he can barely find drivers to drive his taxis. He stated that Uber is price fixing and noted the need for standard pricing. He stated that the need for mandatory LV plates. Mr. Shirzay stated that Uber's insurance is out of California. He stated that what is needed is an LV plate requirement, standard rates and limiting the number of cars that can operate in the City. He stated that the taxi industry now has an application but needs assistance from the City in its marketing. He added that this application is better than Uber's.

Tibor Hangyal stated that there are a couple of applications in Cambridge. He stated that they will be a united application in the future once the kinks are worked out. He stated that Itaxicambridge is an application that is up and running. He noted that there will be an upcoming demonstration for the License Commission's approval. He stated the need to change the system as it is known from previous dispatch services and to concentrate on "APP" system. He stated that he prefers to have 20 cabs available during the day and 20 cabs in the evening to have proper coverage when an application-based request is received. He stated that cabs done want to leave a taxi stand for an APP/Radio call if they have invested time in the stand. He noted that with a tap on the tablet a driver could sign out to be on "standby" and they would not be offered jobs until they are signed back in and "Available." He stated that under this system by GPS, the computer offers the closest driver the job with no favoritism.

Vice Mayor Benzan stressed the importance of having a telephone service for elderly. He suggested the possibility of having some type of automated system in the lobbies of senior housing or the senior centers. He stated that it is vital to supporting the elderly.

Mr. Hangyal stated that he would like insurance records subpoenaed. He stated that Uber has an insurance policy that no one has seen. He stated that Uber is paying out of pocket for any claims that arise and they don't pay anything unless there is litigation.

Councillor McGovern stated that as it relates to the current application a consumer cannot pay through the application. He stated that individual City Councillors can help with marketing. He said that it is easy to be unified against an enemy. He asserted that every taxi driver needs to be on the application and if they don't want to adjust to the technology they will not survive. He suggested that the taxi industry should be advertising in the Chronicle every month. He stated that it is imperative to encourage taxi use and show the consumers why taxis are better.

Councillor Simmons stated that when appointing the working group it is extremely important to include the hospitality industry. She stated that she recently heard that a person wanted to go to airport and the concierge called a Somerville taxi. She said that the concierge told the patron that Somerville would arrive much quicker. She stated that representatives from inns and Bed & Breakfasts should also be included in the discussions.

George Fiorenza stated that the taxi industry does want to come together. He stated that times have changed and the dispatch business has changed. He stated that when the working group is established he would like to see representatives from the Travel and Tourism industry, the Hotel industry, the Cambridge Police Department and the elderly. He stated that Uber is succeeding because there are only 257 cabs in Cambridge. He stated that Uber is not going to go away. He stated that there must be a limit on TNCs in Cambridge. He stated that it makes sense to have every taxi driver belong to the same application so that if a person calls Checker Cab and they are busy, another cab can pick up that request. It needs to be up and running and quick. He urged the committee to think about the possibility of removing flat rates. He suggested that maybe the City can help with funds for new cars which the consumer will enjoy. He asked that a limit be placed on the number of TNC vehicles. He noted that he would like the police to conduct more enforcement.

Mike Gervais, 60 Mt. Vernon Street, Somerville, stated that Mr. Carbone is the President of the Taxi School and he is the founder of same. He stated that this meeting is not just something out of the blue. He said that drivers have been working together for a long time. He stated that there is a transformation in this industry and the first thing that must be done is that the City Council has to review its responsibilities to the taxi drivers of the City of Cambridge. He stated that Cambridge has gone to court but there is a lack of enforcement and resolution. He stated that going forward, regulations must be enforced. He stated that there is problem with people picking up fares in Cambridge. He stated that Uber loves to pick up illegally. He said that the City has to make clear that when customers are picked up it must be done in a safe manner. He stated that his drivers have to kick Uber drivers out of taxi stands. Mr. Gervais explained that taxi drivers do not receive a person's telephone number which is personal information that should not be required. He stated that the flat rates currently in place have not been changed in a long time. He stated that there should be different rates for inclement weather. He stated that the medallion owners need assistance with the banks so that people can refinance their loans as the medallions are worth nothing right now. He added that the City has some responsibility for the current situation.

Walid Nakhoul stated that people who drive for Uber have no overhead because they use their personal vehicles. He stated that the market is overly saturated with Uber. He stated that they get service right away because of the saturation of the market. He stated that you have to limit the number of outsiders. Mr. Nakhoul noted the need for law enforcement to enforce the rules but they feel that their hands are tied. He stated that City has to get involved and must enforce the existing rules.

Councillor Mazen stated that he has strong feeling that even when there is consensus, taxis will still be at a competitive disadvantage. He stated that the taxi industry needs upward pressure on medallion prices. He stated that it is an outmoded system that has lasted too long. He stated that the City does not have the money for medallion buyback. He stated that there are a few medallion owners that want to get out of their investment and perhaps this could be tied into a development scheme. He stated that the market could buy and trade on its own with a support structure, especially for those that need to get out now. He stated that there is some value that developers can bring to the table when discussing this issue.

Councillor Cheung stated that the City has been trying to move toward fuel efficient cars. He stated that he would like the working group to look into what has happened to the SUVs and larger vehicles. He stated that he would like to see more enforcement by the Police Department in this area.

Councillor Simmons made the following motion:
ORDERED: That the City Manager be and hereby is requested to create a working committee that reports back to the City Manager in an advisory capacity; said working committee will include representatives from the taxi, Transportation Network Companies (TNCs), hotel and hospitality, travel, tourism and financial industries, as well as senior citizen and consumer representatives.

The motion passed.

Councillor Simmons made the following motion:
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to exert subpoena power regarding insurance information for TNCs operating in Cambridge.

The motion passed.

ORDERED: That the City Manager be and hereby is requested to confer with all of the business associations and the Chamber of Commerce to encourage concierges, building management companies, hotel workers and management staff as well as any employees authorized to hail taxi/transportation services to utilize Cambridge taxi companies and be discouraged from using out-of-city transportation vendors as well as discouraging the practice of hailing Transportation Network Companies (TNCs) from the street.

The motion passed.

Jean Claude Previllon, stated that he is an owner/operator of a taxi in Cambridge. He stated that taxis pay over $6,000 per year for insurance. He stated that safety is a concern. He stated that if his taxi did not have a sticker or insurance, his car would be towed. He stated the need for regulations for the TNCs.

Gustavo Hernandez stated that he would like to see if the committee can include a real taxi driver in the committee. He stated that it is a shame that this has happened and added that bike stands also take business away from taxi drivers. He noted that TNCs bring about unfair competition.

Kuldip Singh started the importance of fairness. He stated that as a licensed hackney driver he had to pass three tests. He said that Uber drivers do not have to follow this strict criteria. He remarked that Uber is bullying everyone. He stated the need to enforce the Hackney laws that are in place.

Jacques stated that it is almost impossible to push out $51 billion dollars of business and that something must be done.

James L. Carbone, Jr. thanked the committee for its work on this subject. He stated that he was at the hearing of the Joint Committee on Financial Services the prior day for over nine hours. He noted that the taxi industry is in dire need. He asserted that uniformity in meter costs as well as enforcement of laws is very important.

Mr. Sassine stated that he is career cab driver. He said that the industry is dying and help is needed. He stated that cab drivers are headed towards bankruptcy. He stated that the taxi industry abided by the rules of the City and since there is now no need to hold a medallion he would like the City to buy back these medallions.

Gary Mello, 324 Franklin Street, stated the importance of process and commented that he would like the "new guys" to follow the rules.

Vice Mayor Benzan made the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments regarding the feasibility of limiting the number of Transportation Network Companies (TNC) vehicles that operate in city limits, banning of TNCs that are not from the state of Massachusetts and the establishment of uniform rates within city limits.

The motion passed.

Councillor McGovern stated that in Article 1, Section 5.20.020 of the Public Transportation Ordinance in the Municipal Ordinances states that possession of a medallion is required to pick up a fare in Cambridge. He commented that he would like to have a better understanding as to the reason why enforcement is not taking place. He stated that if enforcement takes place, it will gain traction.

Councillor McGovern made the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner to report back on current enforcement of Section 5.20.020 of the Public Transportation Ordinance and what potential obstacles there are to enforcement.

The motion passed.

A communication was received by David Prum stating that the objective of the Hackney cab regulations should be to make cab rides plentiful, easy to get and cheap as possible so that residents will be encouraged to give up owning cars and parking them in the city. (Attachment A).

Vice Mayor Benzan thanked all those present for their attendance.

The hearing was adjourned at 12:36pm.

For the Committee,
Vice Mayor Dennis Benzan, Co- Chair
Councillor E. Denise Simmons, Co-Chair

Committee Report #3
The Health and Environment Committee held a public hearing on Wed, Sept 16, 2015 at 2:07pm in the Sullivan Chamber.

The purpose of the hearing was to discuss the referred report (ATTACHMENT A) on tree grates, empty tree wells, and stumps in the tree wells and the role that the Committee on Public Planting should take in advising the City Council, City Manager and the Department of Public Works concerning future public planting and maintenance issues.

Present at the hearing were Councillor Leland Cheung, Chair of the Committee; Councillor Dennis J. Carlone; Councillor Marc C. McGovern; Councillor Craig Kelley; Lisa Peterson, Deputy City Manager; Owen O'Riordan, Commissioner of Public Works; John Nardone, Assistant Commission of Operations, Public Works Department; Rebecca Fuentes, Assistant Commissioner of Administration, Public Works Department; David Lefcourt, City Arborist; Maggie Booz and Florrie Wescoat, Co-Chairs, Public Planting Committee; and City Clerk Donna P. Lopez.

Also present were Annette LaMond, 7 Riedesel Avenue; Emily Alexrod, 26 Shepard Street; Tom Sieniewicz, 84 Magazine Street, Planning Board member; Chantal Eide, 20 Ellsworth Avenue; Eric Grunebaum, 98 Montgomery Street; Carol O'Hare, 172 Magazine Street; Marilyn Wellons, 651 Green Street; Veronica Barron, 132 Columbia Street; Bob Richards, 395 Broadway; Jonathan Lewis, 14 Rice Street; James Williamson, 1000 Jackson Place; Karin Weller, 12 Humboldt Street; M. Alexander Hawley; Honey Liu; and John Pitkin, 18 Fayette Street.

Councillor Cheung convened the hearing and explained the purpose. He started with a presentation from Public Planting, then a presentation from Public Works. He outlined ideas for improving the City's green canopy.

Maggie Booz, Co-chair of Public Planting Committee, gave a brief history about the public planting committee. The committee was to advise the city on large streets and on rejuvenating the canopy. A City Arborist was advocated and created. She read the official description for the committee. The committee meets monthly with the City Arborists and in their roles as advisors on the tree canopy for the city the members are public planting plus takers. The members feel that the pulse is weak. She stated that new trees do not do well. The goal is to improve the success rate for the new tree plantings. She spoke about all the reasons that are uncontrollable. Tree wells can be controlled and improved, pruning and watering issues. City departments and staff have been receptive about improvements. She gave a presentation "Street Tree Well Portraits" (ATTACHMENT B). Tree wells become trash pits and go uncared for. The soil becomes compacted and robs the nutrients from the trees and the trees die. She stated that tree grates have their own set of problems; they cannot be weeded. There are unsightly weeds on sidewalks in Cambridge.

Florrie Wescoat, Co-Chair, Public Planting Committee, spoke about tree and canopy health (ATTACHMENT C). Trees are an example of the environment value. She stated that the observations is that trees are being lost in Cambridge. She stated that there are standing dead trees all around the city. The presentation showed the dead trees. She stated that whole blocks and whole plantings are declining at the same time. An average life for a street tree is 7-10 years. She again listed some of the reasons for the decline. She stated that the city is falling behind on planting. She pointed out an oak at Sixth and Charles Street, where there are many young trees, which are failing. Plantings that are reaching a larger scale is needed. She spoke about the benefit of trees to human health. There has been a study about the benefit of public trees. Trees provide a value to humans and the intrinsic value. The trees need services provided to them; generous watering, fertilizing, enlargement of tree wells, careful pruning; selection of large trees to provide large canopies. Small trees do not provide shade. She advocated appropriate pruning under wires. She wanted generous planting behind sidewalks, such as the one planted on Market Street and the Broadway bus stop area in Area 4. There needs to be personal contract with businesses and residents to care and water trees and to clean tree wells. New specifications are being reviewed by Public Works and it is key to monitor these specifications.

Councillor Cheung opened the meeting for a presentation by the Public Works Department (ATTACHMENT D). Mr. O'Riordan acknowledged the work of the public planting committee and appreciates the dedication. He stated that significant improvements will be instituted. Forestry operates within the Public Works Department. Programing and planting are major programs. There are 19,000 trees in the City with the majority in the parks and schools. The City Arborists receives 1,000 requests a year. Commissioner O'Riordan spoke about the community partnerships. The City maintains a 6 year tree pruning program. He spoke about the tree pruning program with utility companies. He spoke about tree planting and the need for watering. The City is looking to improve the tree specifications for the City and it will be completed by the end of this year. The City has gained trees over the last years but needs to concentrate on maintenance of trees. He stated that 100 trees will be planted from the participatory budget process. Trees will be consistently water for a period of two years. He stated that interns have been hired that have helped with watering trees.

David Lefcourt, City Arborist, spoke about the construction coordination. He meets with the contractors and reminds them of the importance of the trees. He spoke about the soil in Cambridge and the problem with allowing roots to take root. He stated that the City requires construction soil to help feed the pathways and help the roots to take root. He spoke about the Western Avenue project where trees have been planted with young trees in front and larger trees in back. He stated that Flexi-pave is being used to help improve soil condition and less asphalt is being used for the protection of the trees. He stated that he has used lessons learned about Emerald Ash borer and it is his hope that Cambridge will have a significant ash population. Flowering trees were mapped in the City. He spoke about strategic four initiatives. He stated that the current stumps (372) are being inventoried and will be removed. There are 404 empty tree well planting sites in the City. He is hoping to replant these within 5 years. He stated that street grates have been removed and there are 165 that still need to be removed. New potential tree wells are being identified - 2,600 have been identified. He spoke about the awards received by the City for trees. He is always trying to set up the award program for Cambridge.

Councillor Cheung opened the meeting to comments from the City Council.

Councillor Kelley stated all are trying to do good work, but he sees dead trees. The increased planting does not affect the canopy. He stated that the work done is important, but planting, water and maintaining trees are the most important aspects.

Councillor Carlone asked if there is a problem with the amount of trees that can be planted each year. Commissioner O'Riordan stated that it is a cost issue and then a maintenance issue. The participatory budget amount may not be sufficient. He stated that the Public Works staff has begun watering the trees. He would like to supplement the allocation for trees. Councillor Carlone spoke about the standards and questioned what the health of the trees on Mass. Avenue is. He asked if it is a 3 year minimum to water the trees to keep them health. He stated that the experiment on Mass. Avenue seems to work. Commissioner O'Riordan stated that Earthwatch has worked with the City monitoring the trees on Mass. Avenue. He stated that more outreach is needed. Councillor Carlone noted that trees on Third Street were on site in August but not planted. He stated that there is an irrigation strip along the curb. He spoke about the effect of gas on the trees. Councillor Carlone asked if structural soil contains fertilizer. Mr. Lefcourt is unsure, it is being explored. Commissioner O'Riordan stated that trees planted in construction soil in NorthPoint failed. Councillor Carlone stated that 1/7 of the trees are lost every year - will we every catch up. Mr. Lefcourt stated that 150 trees are removed each year and that annually 300-600 trees are planted. Commissioner O'Riordan stated that the cost and the maintenance of a tree will quadruple.

Councillor Cheung asked if water trucks water trees. Commissioner O'Riordan stated that trees are watered by city staff in the gator water bags and is done at night. There are 12,000 trees in the City and there is a need for community involvement. He spoke about the impact of salt on trees. Salt is needed to have streets passable, but not enough to cause damages to trees. He stated that some of the trees have died because of salt.

Councillor McGovern spoke about not planting the right type of trees. He felt that this is odd; is this true. Mr. Lefcourt stated 85 different types of trees are planted in the city. He stated that the climate is more erratic in NE. This is always evolving and there is always trees that will not do well because of a variety of conditions. Cambridge has a diverse canopy forest. He spoke about the Asian beetle and the fact that he has planted a diverse type of trees. Commissioner O'Riordan stated that the street trees are being surveyed throughout the City.

Maggie Booz spoke about the importance of the diversity of the type of trees planted. She stated that there is a difference of opinion on the committee about planting large trees because of the wires. CPP would advocate for larger trees.

Councillor McGovern spoke about the utility companies pruning trees. Mr. Lefcourt stated that he has authority about pruning. He stated that the City will not allow the utilities to prune as much of the tree as they want; he only allows a minimum of pruning. He spoke of the different phases of the utility wires. He tries to eliminate the utility wire/tree conflict. Councillor McGovern spoke about the community outreach and City Sprouts. He suggested adding the care of trees to the City Sprouts curriculum. He asked if students from the Mayor's program are used. He asked how fast the tree wells can be cleaned. Commissioner O'Riordan stated that with 12,000 trees in the city it is difficult. Weeding is extremely challenging. Councillor McGovern stated that if it is a question of resources the City Council has a say in this aspect. He asked Public Works to respond to the questions and the recommendations as to what can and cannot be done for the trees, in writing.

Councillor Cheung made the following motion:
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on whether more resources are needed to maintain the tree canopy, such as the need for an additional water truck and whether mulch and watering cans can be made available to residents for use in tree wells to keep down the weeds.

The motion carried.

Commissioner O'Riordan stated that specifications are being developed and more resources are being applied to the watering and maintenance of trees.

Councillor Cheung asked that when a tree is cut down does the Public Planting Committee have input. Ms. Booz explained that tree hearings are held by Mr. Lefcourt before a tree is cut down. She added that unless a member of the Public Planting Committee attends hearing they do not know about the tree being cut down. She supported the work of the Arborist. It is not in their mandate about cutting down trees.

Councillor Kelley suggested volunteers being given a "tree host" when watering tree. Can there ever be a "DIG ONCE" policy for underground utilities. Commissioner O'Riordan spoke about the high cost of placing utilities underground. Another challenge is having utility companies doing this in an efficient fashion. He stated the coordination challenges are extraordinary.

Councillor Carlone stated that Brookline is implementing a 50 year program where utility is overseeing this with a 2-4% surcharge on the utility bills.

Ms. Wescoat spoke about thinking holistically of where trees are being planted. She stated that trees should not be planted before tested for gas. Commissioner O'Riordan stated that on Third Street it was an issue of a steam pipe. He did not want the City to be reactive for gas leaks. He wanted this looked at in a comprehensive way. Councillor Cheung asked if a gas meter is used by City. Commissioner O'Riordan responded in the affirmative. He spoke about Eversource crews and when it is a Class I leak the gas company is called.

Councillor Cheung remarked that if grates are being removed why not have a grate leveler. Mr. Lefcourt stated that when grate are removed loam is installed and will use Flexi pave. Commissioner O'Riordan stated that the breakdown needs to be investigated. Mr. Nardone stated that the City needs to still buy the hoses and how to distribute to volunteers. Buckets are used for watering and putting mulching. The City feels that this is a better method.

Chantal Eide questioned whether it was realistic to leave it up to residents to water trees or could the city or a contractor water the trees.

Jonathan Lewis, Public Planting Committee, spoke of urban forest management option and what they are. Cambridge has many trees and commitment. It is a question of volume. He stated that the volume is decreasing. He wanted large healthy trees.

Councillor Cheung opened public comment at 4:36pm.

Eric Grunebaum stated that he was involved with trees being planted in Area 4. He stated that the City is fighting a losing battle and the key is under-resources. A long term commitment is needed. He wanted the City to largely increase the resources for trees. He submitted an article from the The Washington Post titled Scientists have discovered that living near trees is good for your health (ATTACHMENT E). He spoke about the large amount of areas where trees can be planted. He wanted a larger commitment to plant more trees. He wanted more budget and resources provided.

Carol O'Hare, 172 Magazine Street, stated that she is not hearing "practical" solutions. She suggested "Tree Buddy" program. She stated that residents did not receive instructions about how to use the gator bag. She stated that it is expensive to keep replanting trees rather than planting a substantial tree with maintenance instructions. She suggested the City mail leaflets to residents who love trees and would gladly care for a tree in front of the their property. She commented that she has never seen a watering truck water the trees. She added that inexpensive things can be done. She suggested Runnels. She stated that Memorial Drive Sycamore trees are dead limbs and accidents waiting to happen. Her e-mails is attached (ATTACHMENTS F-1, F-2 & F3)

Marilyn Wellons, 651 Green Street, stated that the best tree are maples and provide a canopy. She spoke about the cucumber tree on City hall law. Major canopy trees are required for carbon sequestration. She wanted the City Council and Public Planting Committee to save mature trees especially in Volpe Center. She stated that at the Cambridge Common mature trees have been removed. Tax base will always trump trees. The City's policy is a numbers game and not the carbon sequestration. She stated that birds benefit from weeds.

Bob Richards, 395 Broadway, former Antrim Street residents. He stated that Antrim Street was proud of their trees and a tree fund was created for trees. He spoke about a woman chaining herself to the Tulip Trees. He stated his appreciation for those who actually plant the trees. He loves trees. He stated people forget the beauty of trees. He spoke about the variety of trees around the Golf Course. He stated that he wanted to see as many trees as possible. He is concerned about trees removed that are not replaced. He wanted to know the official reason that Harvard removed trees from the Art Center. He stated that Harvard wanted to remove their trees on Dunster and Holyoke Street and that a caliber tree be put in its place if they are removed. There are 4 mature trees at Forbes Plaza that Harvard wants to remove and he wanted the City Council to get involved.

Karin Weller, 12 Humboldt Street, stated that there were no trees on this street and she was given $125 for a tree and she and her husband planted the entire street and the trees were removed because of the storms and they cannot be replaced because of the width of the sidewalk. She wanted this reviewed so that street trees can be planted. She asked if the reddish material is permeable. She was told yes. She wanted a weed whacker used by the City for the wells rather than the substance used. She stated that the bump outs would be more superior to have tree on the bump out. The tree openings should be made larger. She is concerned with the loss of the trees. She stated that Lee Street has a beautify canopy. She suggested a planter in the median strip on Mass. Avenue.

John Pitkin, 18 Fayette Street, strongly supported the tree volume comment. He wanted the approach to be more holistic. He stated that the public resources needed to be mobilized. Participation needs to be more flexible and the place to start is to overcome ignorance and innovation. This cannot be micromanaged. He stated that the recycled food waste could be used for fertilization.

James Williamson, 1000 Jackson Place, stated his concern about the tree removed from the Cambridge Library. What happened to this tree? He wanted stumps to be sculpted. He asked are tree grates bad or do they need to be handled differently. He stated that the Housing Authority removed many trees and he wanted the City to encourage the CHA not to do this. He stated that it is proposed that a tree be removed in the area between Manning Apartments and library. He announced that Harvard withdrew their proposal to remove four trees. He wanted the health of these trees investigated.

Councillor Cheung thanked all those present for their attendance.

The following e-mails were received:
Megan Brook, 103 Inman Street, stating her support for a combination of tree planting and care (ATTACHMENT G).
Jan Devereux suggested that the runnels could be piloted on New Street when it is reconstructed (ATTACHMENT H).
Charlotte Karney, 41Granite Street, wanted a comprehensive planting of appropriate trees planted on Granite Street (ATTACHMENT I).
Michael Hawley questioned the stumps and empty tree wells in the GIS maps in East Cambridge and suggested art for utility covers (ATTACHMENT J).
Doug Brown, Vice President, Fresh Pond Residents Alliance, commented on the City's plan to make any progress towards replacing all missing street trees and the lack of data on the tree inventory (ATTACHMENT K).
Carolyn Shipley, 15 Laurel Street, stated that many empty tree wells were not listed and that the state of the City trees is poor (ATTACHMENT L).
Laura L. Nash, Ph.D., 11 Buckingham Street, supported the continued expansion of public space tree planting in Cambridge and concern for consultation and maintenance of tree wells and tree plantings (ATTACHMENT M).
Elena Saporta in support of the Public Planting Committee's effort to improve the quality of Cambridge's tree canopy (ATTACHMENT N).

The hearing adjourned at 4:35pm.

For the Committee,
Councillor Leland Cheung, Chair

Committee Report #4
The Ordinance Committee held a public hearing on Sept 23, 2015 beginning at 5:43pm in the Sullivan Chamber.

The purpose of the hearing was to discuss the petition filed by the CRA to amend the Zoning Ordinance in the Kendall Square Urban Renewal Plan area (KSURP) and to amend the current zoning for the MXD District in Kendall Square to reflect the proposed changes to the Plan.

Present at the hearing were Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Committee; Councillor Leland Cheung; Councillor Craig Kelley; Mayor David P. Maher; Councillor Marc C. McGovern; Councillor E. Denise Simmons; Councillor Timothy J. Toomey, Jr.; Jeff Roberts, Land Use and Zoning Project Planner, CDD; Swaathi Joseph, Planner, CDD; CRA board members: Kathleen Leahy Born, Chair; D. Margaret Drury, Vice Chair; Tom Evans, Executive Director; Jason Zagg, Project Manager; and Jeffrey Mullan, Attorney, Foley Hoag for CRA; and City Clerk Donna P. Lopez.

Also present were Stephen Kaiser, 191 Hamilton Street; Laura Younger, 139 Main Street, American Red Cross; Kirk Jackson, 234 Brookline Street; Ed Dondero, Biogen, 105 Broadway; Heather Hoffman, 213 Hurley Street; Hasson Rashid, 820 Mass. Avenue; James Rafferty, Broadway; Matt McCarty, 1 Broadway; Ian Gasco-Wiggin, 1 Broadway; and Jamie McNeil, Local 26.

Councillor Carlone convened the hearing and explained the purpose. He outlined the format of the hearing. First, the CRA will present a PowerPoint Presentation, then comments from City Staff, next public comment and then comments from the City Council. Councillor Carlone stated that the hearing is being audio and visually recorded.

Ms. Born, chair, CRA Board, began with preparatory comments contained in the petition transmittal letter dated Aug 5, 2015. She spoke about why a public authority would submit a zoning petition. This is different from when a private developer submits a zoning petition. She stated that the CRA works in the public trust. Everything that the CRA does must have a clear public benefit. This is critical to the mission of the CRA. She noted the responsibility to bring the public realm along progressively. She stated that Cambridge has the opportunity to lead the state in the innovation economy. She spoke about the importance of affordable housing. She stated that the Kendall Square Urban Plan together with the zoning petition focuses not only on the livability of Kendall Square and the adjacent neighborhoods but also on needed improvements to the transit system. The CRA started working on the urban renewal plan in 2014 and due to the winter of 2015 highlighted the importance of the transit system. She is hopeful that the CRA will be at the forefront of Cambridge's participation in a robust involvement in improving the region's public transportation, including bike, pedestrian and light rail options. She stated that the CRA welcomes public participation. She explained that there have been public meetings and board meetings held over the past year where every aspect of this plan has been discussed. She thanked the members of the public who participated in this process. She stated that the environmental impacts have always been at the top of the CRA's concerns since the development of Kendall Square began decades ago. The CRA is an active member of the ECO District. The CRA has measured traffic counts in this area ever year. This plan and the zoning petition is accompanied by an environmental impact statement.

Mr. Tom Evans gave a history of the KSURP Plan and the zoning amendment in his presentation (ATTACHMENT A). He stated that the Kendall Square was an area of decline fifty years ago. A redevelop plan saw the need for the revitalization of the area. This was based on a concept to bring the NASA Headquarters to Cambridge. The electronic research center was closed when NASA changed their plans. This land was transferred to the DOT and became the Volpe Transportation Center. A significant amount of land came back to the urban renewal plan to the CRA. This area was divided into four parcels. Parcel one was land that remained in federal holding. Parcels 2, 3 and 4 are CRA holdings for public development. A Mixed Use Development (MXD) was created by the first amendment to the urban renewal plan. The next step was to evaluate the feasibility of urban interest in Kendall Square (KS) and then seek a developer. At this time the land value of KS was zero due to the infrastructure of the area, the contaminants in the land and the general disinvestment in urban space. An RFP was done by the CRA on parcels 3 and 4. Parcel 2, which was formerly part of the NASA plan, was light industrial area. He stated that the selection criteria was based on economic goals and to create a new identify for KS. He stated that Boston Properties was selected as original developers for parcel 3 and 4 and an agreement was entered in 1979. He explained that Boston Properties took over parcel 2 as the developer when another developer pulled out. He explained the terms of the transaction. He stated that the urban renewal plan has been amended many times and has added to the development capacity. A significant amendment occurred in 1993 when biotechnology was allowed as a use in this project area. Another amendment occurred in 2004 allowed the CRA to monitor traffic in the area. The amendments also extended the time for the urban renewal plan. Mr. Evans stated that this amendment is to adapt the KSURP to what KS is today, a hub of biotechnology, information technology and a cluster of innovation. He spoke about the KSURP, the MXD amendment and the K2 Planning Study that had 4 core objectives for the area: to nurture innovation, create a great plan, promote environmental sustainability and to mix living, working, learning and playing. There are city-wide efforts that have added to the CRA's thinking about the area. He cited the other plans and initiatives. The original objects of the KSURP were reviewed and the language was clarified and the objectives revised to conform to the K2 Plan. It also outlines how the CRA will handle development in tandem with the Planning Board. There are two documents running parallel: the KSURP Amendment and the MXD zoning which goes into detail for dimensional requirements and innovation requirements. He stated that another document that will be developed is an Infill Development Concept Plan will function similar to a PUD and have a special permit process to look at the project and evaluate key issues in a infill development concept rather than building by building. He stated that the steps to amend the urban renewal plan are different than changing the zoning. He explained the urban renewal plan process. A major plan amendment requires City Council approval. This amendment is a major amendment and also requires state approval. A MEPA study is also required. A completed EIR should be available shortly. This process is running in tandem with the zoning petition that was initiated by the CRA board. The goal is to add 1 million square feet to the project area of which 600,000 will be commercial and 400,000 square feet is reserved for additional housing. This is above the 200,000 square for housing being permitted for Ames Street. The total allowance in the urban renewal area will increase to 4,302,100 square feet. He detailed additional requirements for the development. The project is looking at opportunities within the project site. The North Garage is the main commercial site; adjacent to this is a four story envisioned residential site and in the future 3 Cambridge Center. Whitehead Institute can be expanded in the urban renewal plan. The zoning for this site has been approved by the City Council but needs to be folded into the urban renewal plan. Boston Properties has been the master developer for CRA for three blocks. Boston Properties is the primary owner and it is expected to be the primary developer with capacity. A signification commercial component would be built at the North Garage, a residential building at 11 Cambridge Center at Broadway and Galileo, a mixed use building at 3 Cambridge Center and two smaller projects on Whitehead. A significant retail component will also be created on Broadway. The innovation space will be on Broadway. The residential component will come out to the street to create a strong urban presence at Broadway and Galileo. He stated that the Broad Institute is looking for a small amount of square footage within their building being converted from mechanical to office space. He explained the residential development requirements. A net 15% housing would be inclusionary units. He stated that with a height incentive of up to 350 feet for residential projects that include 25% of the space for middle income housing for 80-100% median income. There is a floorplate restriction of 12,000 square feet above the 250 feet. He entered into the record the Scribner's error in Section 14.34 (ATTACHMENT B). He stated that the urban renewal plan has 12,000 square feet but the MXD has 24,000 square feet. He explained the commercial space requirements. The K2 plan stated that Third, Broadway and Main Street all have significant retail components. This project proposes significant increases to the Broadway streetscape. Retail space could be transferred. He stated that there was been a lot of discussions about the open space in KS. The CRA has participated in the Connect Kendall Square process which identified a number of parks in KS. The space between buildings was looked at to create a network of spaces. He stated that the MXD currently requires 100,000 square feet of open space and this would be expanded to include 15% of the project land use is publicly accessible open space. Grand Junction was a key focus. He explained the parking restrictions in the MXD. He stated that parking was a key consideration in the K2 plan. A maximum parking requirement was created. He stated that the housing maximum is .75 per unit. Bike parking and electrical vehicle parking will be provided in the existing garages.

Mr. Evans stated that the MEPA Environment Impact Report will be out shortly. The CRA focus has been on transit. He spoke about investments to transit, bike and pedestrian infrastructures. He noted the exemptions from GFA cap: middle income housing, residential balconies, retail and innovation space. He spoke about the community benefits and review process. The CRA would monitor the implementation plan and track non-zoning contributions to KS. The CRA mission will use resources to further the goals for the area. He stated that transit is core to the development of KS. Relating to traffic enhancements Mr. Evans stated that since 1994 traffic has been tracked around Kendall Square by CRA. Traffic around KS are below expectations. The aggressive mode share should be maintained. A concept plan would be approved by the CRA and the Planning Board. He stated that creating a winter garden could be an indoor/outdoor space for the public to use during all seasons. Mr. Evans stated that there has been a strong focus on sustainability and on solutions. He stated that this process is unique in that there are two governmental bodies that have been oversee development. This proposes merging the previous CRA practice with the Special Permit process and to have joint approval with the CRA and the Planning Board. A concept plan would be created and approved by both boards.

Councillor Carlone suggested hearing from the City staff to evaluate the CRA proposal.

Jeff Roberts, CDD, noted that this is a proposal that will be reviewed by Planning Board on Oct 13th. He stated that the Community Development Department reviewed this proposal (ATTACHMENT C). He stated that he K2 plan is the guide which looked at the immediate area around KS including sustainability, economic development, housing and a second set of recommendations was made. The recommendations envisioned additional growth in KS and to make KS a better place where there are a diverse range of activities and uses that would foster more connection with the larger community. The K2 recommendations split the area into 4 different districts based on existing zoning and land ownership. He noted that the MIT zoning, referred to as the PUD 5, was adopted by the City Council in 2013. He explained that MIT is before the Planning Board for review of the development proposal. The PUDKS (Volpe Center) proposal is an initiative that the Planning Board and the City Council will be working on.

The MXD is the 3rd of the 4 component looked at in the K2. He listed areas where there is broad agreement between petition and K2. The additional capacity to add one million square feet development with a split of 600,000 non-residential and 400,000 square feet for residential is aligned with the K2 plan. Innovation and height incentives are also in line with the K2 plan. The active ground floor retail space, parking and sustainability requirements are in alignment with the K2 Plan. Mr. Roberts highlighted the areas of difference: height, affordable housing, the total open space requirement is similar, but the lot by lot requirement is not in the K2 plan. He stated that the larger issues: the development review process have not been fully discussed at the Planning Board as it relates to Planning Board and CRA review process and a clear delineation of the jurisdictions. He explained how this new process would work. He spoke about the K2 fund commitment at $10 and go to programming, workforce readiness and transit.

Councillor Carlone opened the hearing to comments and questions by members of the City Council.

Councillor Cheung congratulated the CRA. He is concerned that the 15% open space is open and usable. He wanted to see the green space incorporated to included access to the river and maintenance funds for the open space. He wanted to see affordable housing go to 20%. The middle income housing in KS does not work. He wanted to ensure that middle income housing gets built in KS. He would support increased height for housing. He stated that 20% innovation should be matched across the district. He supported locally owned businesses but did not want to see banks and phone stores as retail. He wanted a plan for the transit and how it will work. He wanted transportation for bikes. Car sharing needs to be included. Net zero standards need to be reflected and solar included. There should be a special architectural review for whatever is being built in this district. Mr. Evans stated that there is a commitment to open space within the project area and expanded beyond the MXD. He stated that on the transportation piece the general network of streets are set. He stated that super-blocks were built in the urban renewal. The CRA is looking to enhance the connectivity within the blocks. Broader transit service conversations have occurred with the state through the Mobility Task Force and planning is being done now. Ms. Born stated that the CRA commitment to transit is in the background of Mr. Evans and Mr. Mullan.

Councillor Toomey stated that on Sept 21, 2015 there were two City Council orders - his order asked if this project goes out to a bidding process for other potential developers with different ideas and would this additional development be an opportunity for additional developers. He spoke about the allocation of the open space. The affordable housing should be increased. The Grand Junction should be included in the transportation planning. City-wide mitigation and additional mitigation should go to the neighborhoods affected by this development separate from the city-wide. He wanted the commitment to be binding. He stated that he will be interested in transit issues including the Grand Junction.

Councillor McGovern spoke on affordable housing and open space. He stated that the open space should feel welcome and he wanted parks. He stated that residents from all over the city come to Kendall Square for the skating rink. He wanted the open space to be geared to a residential area. He cannot support anything less than 20% for affordable housing. He will support additional height if it means we can get to 20% affordable housing. He wanted 5 % middle income housing as a commitment.

Councillor Simmons stated that the presentation is exciting. Housing is important to her. CHA is currently renovating its properties over the next four years and the list is frozen. Looking forward people will be looking to live and/or to move to Cambridge. Cambridge has done more on housing than other cities and towns. She wants 20-25% affordable housing. She does not know if the inclusionary will impact this project. She does not want to ask for less than what Alexandria offered. She is looking for studios and 3 bedroom units so that there is a diversity of family types. She is looking for diversity in ground floor retail. She noted that the City has not developed its own plan for ground floor retail. She stated that her concern is the possibility of one large retail space such as a supermarket that is affordable. She wanted the open space contiguous, active and passive open space. She stated that East Cambridge, Area Four and Wellington-Harrington should not feel walled off. She asked if there will be home ownership opportunities. Mr. Evans stated that the zoning does not regulate tenancy and ownership. This would be kept on the list of discussion. She supported funding for public transit infrastructure. She asked the mitigation or community benefit is $10 per square foot. Mr. Evans stated that the CRA would lead the charge so that mission would be funded, implemented and greater than $10. She spoke about job training and that there are jobs for people who live in Cambridge. She wanted timelines and benchmarks. She wanted a sense of the staging of development because people are getting construction wary with Volpe, MIT and now the MXD. Mr. Evans stated that the North Garage initial phase will begin design review phase next year and construction will follow. The other developments, south of Broadway, the timeline is longer and is planned over a 10 year period. There is a lot of growth and it is being tallied. Transit analysis is planning for 2.5% growth. He stated that the inventory and EIR of the growth will be shared when completed. Councillor Simmons at the end what will the transportation burden when all the people are in the Kendall Square area. She wanted City Council to have an idea of how all this development will play out. She wanted the history of Kendall Square preserved and how does this happen. Councillor Carlone noted that the retail can be incorporated into zoning. Councillor Simmons asked to what extend are the current businesses engaged in this process. Mr. Evans stated that the engagement is with the KSA with business, innovation and biotech. There are a lot of on the street discussion with businesses in Kendall Square.

Mayor Maher thanked the presenters for the clarity of the proposal. He looks at this proposal as an opportunity to remediate the planning that happened in the l970 and 1980 and bring KS into the 21st Century. He spoke about the lack of housing. There is an opportunity to add 500+ units of housing to Kendall Square; this is a good thing. He spoke about the need for a drug store and supermarket and this will happen with critical mass. He stated that KS will be a different area in the future. He is excited about this. The City Council wants to use this opportunity and point to the community benefits and the affordable housing and the connectivity to open space in this area. He stated that Cambridge has not seen the shift to home ownership that Boston has seen. He wanted to see this happen in Cambridge. The last opportunity seen for this was 303 Third Street, but the timing was not right. There was an investment made in KS that has led to the innovation economy. He stated that all can look back to the 1980's and now say that it would be done differently.

Vice Mayor Benzan spoke about bringing part of KS into the 21st century and bring residents into the 21st century. He stated that it is important to include seniors in KS. He stated that baby boomers are looking to down size and urged finding a way to do this in KS, such as a retirement community. He stated that it is key to have a supermarket to KS; he suggested bring Market Basket to KS. He suggested push carts in the open space area and along the Grand Junction Path. He suggested incorporating a museum of the history of KS, Area Four and East Cambridge into the winter garden. Rooftop gardens are a way to grow food. The Green Line extension and having developers help to pay for some of this extension. He stated that developers are being asked to do a lot. He wanted to know what it means if the linkage fee is increased and what community benefits are. He wanted open spaces that are active. He stated that other communities are creating discovery parks. He asked how many units of affordable housing would be created. Mr. Evans under 15% requirement = 500 units of housing this equals 75 affordable units. Vice Mayor Benzan height would be along train tracks. He wanted 20-25% affordable housing. He spoke about the design of the buildings. He wanted small ground floor retail spaces for mom and pop stores. The design of streets - he is not a fan of narrow streets. He stated that if the streets are wide and accommodates bikes and buses there is a direct travel lane through the squares from Kendall to Harvard.

Councillor Kelley spoke about who owns cars and demographics of the housing. He stated that the foundational make up of Cambridge is being changed with these units. He wanted information on comparable units, car ownership who are living here; transitions rates and if children are in school.

Councillor Carlone stated that this will add value to this area and this value will go to CRA and the value is in the public domain. He stated that where buildings are being planned they make sense. He spoke about the loss of open space. He did not know what the 15% open space represents. Mr. Evans the 15% is within the MXD district - the 3 blocks and land on the other side of Galileo. Opportunities for vertical open space is being looked into. A front porch deck is being planned for the winter garden. Creative ways will be investigated for open space. The 100,000 square feet - a portion is included. The pork chop park is owned by CRA to be transferred to City as part of the open space. He spoke about transforming walkways between buildings into interesting space. Councillor Carlone commented to Mr. Roberts that 3 areas are changing rapidly: Volpe, MIT and CRA. He stated that it would be good to include the exemptions retail, office and innovation space. It would be good to get the FAR. He spoke about parking behind the housing tower. Mr. Evans stated that in current design the housing parking is below grade which is expensive so zoning is being sought that would discourage too much parking. The CRA is looking for residential parking data for the area. He further stated that new parking is being discouraged. Councillor Carlone questioned who decides how the $10 is the broken down. Mr. Evans stated that these are CRA programs developed in conjunction with the City. Councillor Carlone stated that the CRA urban design report would be useful and would supplement what the City Council has. He stated that the traffic decline is due to the bridge construction. He stated that this needs to be updated. This is a complex project and the presentation was clear.

Vice Mayor Benzan questioned storm water management and climate action to use the canal to collect water during flooding.

Councillor McGovern during construction of building that prevailing wages are paid and work with unions on the development of the buildings.

Councillor Carlone opened public comment at 7:48pm.

Stephen Kaiser, 191 Hamilton Street, stated some of difficulties with KS have not been touch upon. We are talking about up-zoning by Volpe, CRA and MIT of between 3.5-4.5 million square feet. He stated that this will overload the Redline worse than it is today. He spoke about strangling the redline and how this is part of the common good as stated in Article 7 of the Constitution. He wanted a treatise prepared relating to his concerns. He stated that the CRA has come a long way and has won the confident of the public. CRA is becoming a respected entity. Bad architecture is not included in zoning. He also believes that the architecture is ugly in KS. He stated that the zoning has been an open process and was better than Volpe and Normandy. He stated that the CRA has taken an important initiative by looking at improving transit. He noted that sustainability issues in the presentation did not include transit. When the transit was lost last winter this was a sustainability issue. Boston Properties and MIT has looked at transit regarding KS. He stated that the EIR will be available at the end of the month. Some developers are doing their job for transit mitigation. He noted that at MBTA Control Board meeting the MBTA General Manager stated to the board that an alternative that is being considered is to cut the Redline in half and changes Cambridge perspective and what is possible at KS. This has major implication for Cambridge. He stated that regarding architecture there should be a standard of excellence for all new buildings similar in the Volpe petition.

Laura Younger, Red Cross, 139 Main Street, thanked Cambridge for helping the Red Cross to deliver services from their Cambridge address. She stated that she looks forward to continue in this process and to help it along. It is exciting to help build the future.

Ed Dondero on behalf of Biogen, stated that he supported the petition. He stated that KS is the Biogen headquarters since 1980. He stated that in the last 5 years there has been great growth for Biogen and has launch four new products. He spoke about all the progress made in drug production. Biogen is committed to sustainability and has its own co-generation plant that produces its own clean energy.

Hasson Rashid, 820 Mass. Avenue, stated that he has been trained as a human service professional. He advocated for the low income residents. The zoning use language draws a line with middle income. He noted that there is no mention of the homeless. He stated that initiative for homelessness for KS cannot occur because of the zoning. The K2 study and zoning petition is out of pace with the master plan. The charrette recommended a policy for the City to deal with homelessness. He stated that the K2 petition if allow is discriminatory for homeless; if federal taxpayers money is used then the City is mandated to address homeless in KS.

Heather Hoffman, 213 Hurley Street, address affordable housing. She stated that in the MXD district it is required at 15%. She stated that she has been critical for Boston Properties. She noted that Boston Properties took the initially risk, but they have a tremendous entitlement. Now we are seeing a reversal. She stated that if Boston Properties is forced to do good things they do good things. She wanted to make sure that the good things happen. She stated that the MXD is not subject to the noise ordinance. Inspectional Services Department has not enforced the zoning as it relates to noise. Kendall Square must be livable with strict noise provisions. She emphasized athletic fields as part of the open space. She stated that dog parks, playgrounds and athletic fields are places where people meeting each other. Good architecture needs to be demanded. and make this the standard.

Councillor Carlone closed public comment at 8:09pm.

An e-mail was received from Carol O'Hare (ATTACHMENT D).

Councillor Carlone moved that the requests from the City Council be made part of the record. The motion carried on a voice vote. Councillor Carlone commented that this was an open discussion with great detail.

Vice Mayor and Councillor Carlone thanked all those present for their attendance.

The hearing adjourned at 8:10pm on motion of Councillor Carlone.

For the Committee,
Councillor Dennis J. Carlone, Co-Chair
Vice Mayor Dennis A. Benzan, Co-Chair