Cambridge City Council meeting - Dec 3, 2012 - AGENDA
RECONSIDERATION
1. Councillor Kelley filed reconsideration of the vote taken on November 19, 2012 adopting an order that the Cambridge City Council go on record urging the members of the Senate Ways and Means Committee to pass MA Senate Bill 2314, "An Act Relative to Plastic Bag Reduction."
The matter was NOT reconsidered and the Order stands.
CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable Without Power for a term of three years effective the first day of January, 2012: John Dudley, Quincy, MA
2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-127, regarding a report on pedestrian safety improvements at the intersection of Upton and Magazine Streets.
3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-89, regarding the feasibility of implementing speed-control measures at the corner of Tremont St. and Gardner Rd.
[The Department of Public Works, working with the Community Development Department has determined that, as an extension to the street and sidewalk work recently completed on Gardner Road a raised devise will be constructed at the intersection of Tremont Street and Gardner Street. It is expected that the design associated with such will be completed this winter and that it will be bid as part of a larger street and sidewalk reconstruction package in Feb/Mar 2013. Thus the expectation is that this work will be executed during the 2013 construction season or during the earlier part of the 2014 season.]
4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-88, regarding a report on how the City plans to maintain grade separated bikeways and keep them free from sand, branches and other debris.
Referred to Transportation, Traffic & Parking Committee - Kelley
Dec 3, 2012
To the Honorable, the City Council:In response to Awaiting Report Item Number 12-88, regarding a report on how the City plans to maintain grade separated bikeways and keep them free from sand, branches and other debris, Public Works Commissioner Lisa Peterson reports the following:
Grade separate bikeways are being swept clear of debris at least as frequently as residential street sweeping, monthly from April through December. The City sweeps these areas more frequently, if time permits.
During the winter months, cycle tracks are cleared of snow and ice as soon as practicable. This will typically take place with 24 hours after a storm; depending on the volume of snow and intensity of the storm, it could take up to 3 days. The grade separated bikeway on Vassar Street is maintained by MIT.
Very truly yours, Robert W. Healy, City Manager
5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-139, regarding a report on extending the public toilet pilot program until a permanent solution is installed.
6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-122, regarding a report on how city construction projects are scoped, contracted out and managed so that hazards in project fill, park equipment or other areas are not likely to be created as the equipment gets used or as soil gets compacted or as erosion or frost heaves or other environmental factors alter park topography.
7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-112, regarding a report on data that compares the actual energy efficiency for the City Hall Annex.
Referred to Environment Committee - Davis
8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $100,000 from Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account which will fund the replacement of six (6) heat pumps in the water-to-water geothermal heat pump system at City Hall Annex.
9. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $250,000 from the General Fund Employee Benefits (Insurance) Salary and Wages account to the General Fund Public Works Travel and Training (Judgment and Damages) account to cover a lump sum settlement and current and anticipated medical services and/or prescription reimbursement costs and for the remainder of the fiscal year for personnel injured in the performance of their duties.
10. Transmitting communication from Robert W. Healy, City Manager, relative the appointment of Jeana Franconi as Budget Director effective Dec 3, 2012.
Dec 3, 2012
To the Honorable, the City Council:I am pleased to announce that I have appointed Ms. Jeana Franconi as Budget Director for the City of Cambridge effective Dec 3, 2012. Ms. Franconi has been the Administration Division Head for the Department of Human Services since 2005, and has been responsible for managing all financial and accounting functions for the Department's annual budget of $30 million. In this position, she was responsible for preparing and analyzing monthly, quarterly and annual financial statements as required by City, State and Federal agencies. Ms. Franconi was also responsible for revenue collection, purchasing, accounts payable, payroll and grants management and maintaining all aspects of DHSP's new website. Ms. Franconi was also instrumental in assisting former Budget Director David Kale and his team with the submission of the City's Budget to the City Council by editing final budget narratives, reviewing final numbers and tabulating charts and graphs.
Prior to working with the City of Cambridge Ms. Franconi was the Assistant City Manager/Finance Director for the City of Berkley, Michigan. While in that position, she was responsible for the financial accounting functions and the setting of the tax and water/sewer rates. She also participated in strategic planning, expense forecasting, management of debt services, cash flow analysis, capital project planning and cash management investment strategies.
Ms. Franconi has a rich background in finance and administration, is a member of the American Institute of Certified Public Accountants, and is highly attuned to the City of Cambridge budget management system. It is for these reasons that I welcome Ms. Franconi to the position of Budget Director for the City of Cambridge.
Very truly yours, Robert W. Healy, City Manager
11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Massachusetts Cultural Council for $5,000 to the Grant Fund Historical Salaries and Wages account which will continue to fund part-time archives assistants who provide support for on-going maintenance of the Commission's public archive as well as assisting members of the public with research requests.
CHARTER RIGHT
1. That the Cambridge City Council go on record urging the members of the Massachusetts Committee on House Steering, Policy and Scheduling to pass MA House Bill 4165, "An Act Relative to Speed Limits." [Charter Right exercised by Councillor Decker on Order Number Eleven of Nov 19, 2012.]
Tabled - Toomey
2. That the City Manager is requested to confer with the appropriate departments on the feasibility of implementing a year-long position that would act as a caseworker to bridge the digital divide and to be funded in cooperation with local and local universities. [Charter Right exercised by Councillor Decker on Order Number Fifteen of Nov 19, 2012.]
Placed on File under Rule 19
3. That the City Manager is requested to confer with the Mayor, School Committee Members and the Cambridge Public School Administration to look into the feasibility of relocating the school administration into one of the buildings to be refurbished as part of that capital project. [Charter Right exercised by Councillor Decker on Order Number Eighteen of Nov 19, 2012.]
Placed on File under Rule 19
ON THE TABLE
4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-09, regarding a report on the use of coal and on Cambridge becoming coal-free. [City Manager Agenda Number One of Mar 5, 2012 Placed on Table on motion of Vice Mayor Simmons on Mar 5, 2012.]
5. Urge greater cooperation from the Cambridge Housing Authority to better serve the people of Cambridge. [Order Number Two of Apr 9, 2012 Placed on Table on motion of Vice Mayor Simmons on Apr 9, 2012.]
6. That the City Manager is requested to confer with the Community Development Department and other relevant departments in order to present to the City Council a map of Cambridge that shows, by location and by date, all of the areas where construction is and will be taking place over the coming decade. [Order Number Four of April 9, 2012 Placed on Table on motion of Councillor Toomey on April 9, 2012.]
7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 12-28, regarding temporary ramps and obstructions in construction zones. [City Manager Agenda Number Eight of Apr 23, 2012 Placed on Table on motion of Councillor Kelley on Apr 23, 2012.]
8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-35, which requests a report on whether there were any public safety officers that falsified their emergency medical training re-certification while employed by the City of Cambridge. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Two of May 21, 2012. Placed on Table on motion of Councillor Toomey on June 4, 2012.]
9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-63 regarding a report on safety issues at the intersection of Massachusetts Avenue and Vassar Street. [City Manager Number Twenty-three of July 30, 2012 Placed on Table on motion of Councillor Kelley on July 30, 2012.]
10. That the City Manager is requested to confer with relevant City staff and report back to the City Council on whether a tagging program could be implemented to notify owners of bicycles that have been removed from sign posts by the Department of Public Works and contact information for retrieval of said bicycle. [Order Number Fourteen of July 30, 2012 Placed on Table on motion of Councillor vanBeuzekom on July 30, 2012. Councillor Toomey recorded in the negative on Tabling.]
UNFINISHED BUSINESS
11. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public meeting held on Oct 3, 2012 to discuss a zoning petition filed by Susan Yanow, et al to rezone from the existing Business A to Business A-1 the areas bounded by Windsor, Main Streets, Bishop Allen Drive, Columbia, Prospect and Norfolk Streets; rezone from the existing Bus. B and CRDD to a proposed new district Bus. B-3 in the area bounded by Green, Landsdowne, Magazine and Prospect Streets and Mass. Ave. define as a protected neighborhood zone the area zoned Res. C-1 and bounded by Portland, Main and Windsor Streets and a line 120 feet north of and parallel to Main Street; rezone the areas currently identified as Municipal Parking Lots along Bishop Allen Drive to a proposed new Municipal Parking District (MP).
APPLICATIONS AND PETITIONS
1. An application was received from Cardullo's Gourmet Shoppe requesting permission for an awning at the premises numbered 6 Brattle Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development, Historical Commission and abutters.
COMMUNICATIONS
1. A communication was received from Margaret R. Goostray, 36 Lexington Avenue regarding portable toilets on the Cambridge Common.
2. A communication was received from Hilary Jacobs, Director, Bureau of Substance Abuse Services, Commonwealth of Massachusetts, Department of Public Health transmitting receipt of the City Council resolution pertaining to preserving FY14 funding for CASPAR, Inc. at current or increased levels.
3. A communication was received from Elaine & Alan Nathan in support of the order appointing Mr. Rossi as City Manager.
4. A communication was received from Tim Rowe, Founder and CEO, Cambridge Innovation Center regarding the disposition of the Foundry Building.
5. Statement made by Francis H. Duehay, 26 Lowell Street in support of Order #6 appointing Richard Rossi as City Manager effective July l, 2013.
6. A communication was received from Nancy Woods transmitting support for Richard Rossi being appointed City Manager.
RESOLUTIONS
1. Resolution on the death of Carroll E. (Burke) Graham. Councillor Toomey
2. Resolution on the death of Ralph D. Gillen. Councillor Toomey
3. Resolution on the death of Norma Perry. Councillor Toomey
4. Resolution on the death of Josephine R. (Fiore) Bernarducci. Councillor Toomey
5. Resolution on the death of James V. Rafferty. Councillor Maher, Councillor Decker, Vice Mayor Simmons, Councillor Reeves, Mayor Davis
6. Resolution on the death of Daniel E. Burke. Councillor Toomey
7. Resolution on the death of Edward J. Liston Jr. Councillor Maher, Councillor Toomey
8. Resolution on the death of Maria G. Barnes. Councillor Reeves
9. Resolution on the death of Manuel C. Melo. Councillor Toomey
10. Happy 82nd Birthday wishes to E. Doreen Hawkins. Councillor Reeves
11. Condolences to Nancy Glowa, City Solicitor, on the death of her brother Thomas Michael Glowa. Mayor Davis, Councillor Maher
12. Congratulations to Transition House on thir fundraiser "Dance! Dream! Give!" on Nov 27, 2012. Councillor Decker
13. Congratulations to Representative Martin Walsh on his recognition from the Greater Boston Labor Council. Councillor Decker
14. Congratulations to Max Wiegand on the occasion of being honored by the Johns Hopkins University Center for Talented Youth. Mayor Davis
15. Commend Governor Patrick on his decision to allow in-state tuition rates to undocumented immigrants. Councillor Toomey
16. Resolution on the death of Kevin Sousa. Councillor Toomey
17. Retirement of Tom Wagner from the COOP. Councillor Maher
18. Congratulations to Hack/reduce for being recognized as a Mass High Tech Company to follow in the Boston Business Journal. Councillor Cheung
19. Congratulations to SocialSci.com for being recognized as a Mass High Tech Company to follow in the Boston Business Journal. Councillor Cheung
20. Thanks to a special person. Mayor Davis
21. Congratulations to Councillor Leland Cheung on being elected to serve on the National League of Cities Board of Directors for a two-year term. Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey and Councillor vanBeuzekom.
22. Happy 60th Birthday wishes to Professor Charles Ogletree. Vice Mayor Simmons
ORDERS
1. That the City Manager is requested to confer with the Police Department or appropriate agency to look into issues of safety with a view toward placing another crossing guard, adding a blinking sign, or enacting other safety measures during school hours at the Kennedy-Longfellow School and the Dr. Martin Luther King, Jr. School. Vice Mayor Simmons
2. That the City Manager is requested to report back to the City Council on the impact the recently passed medical marijuana referendum might have on Cambridge and provide any suggested zoning or local ordinance changes relevant to this new law. Councillor Kelley
3. That the Transportation, Traffic and Parking Committee is requested to hold a meeting to discuss the light cycle and street layout at the junction of Rindge and Massachusetts Avenue. Councillor Kelley
Charter Right - Decker
4. That the Transportation, Traffic and Parking Committee is requested to hold a meeting to discuss the impact of tour buses parking, loading, unloading and driving through Harvard Square on local air quality, noise and traffic and to explore possible alternatives that would mitigate those impacts. Councillor Kelley
Charter Right - Decker
5. That the City Manager is requested to update the City Council on the status of the Foundry Building in order to move the community process forward. Councillor Cheung and Councillor Toomey
6. That the City Council appoint Richard C. Rossi as City Manager of the City of Cambridge, Massachusetts beginning on July 1, 2013 for a period of three years ending on June 30, 2016. Councillor Maher, Councillor Cheung, Councillor Reeves, Councillor Toomey, Mayor Davis and Councillor Decker
Approved 8-1 [Kelley voted NO]
7. That the City Manager is requested to confer with private creative and experienced state-of-the-art visual and audio companies to replace the equipment currently used by the city. Councillor Reeves
8. That the matters of the hiring of a municipal employment contract attorney to provide advice on the contract between Mr. Rossi and the City of Cambridge and the matter of said contract between Mr. Rossi and the City of Cambridge be referred to the Government Operations and Rules Committee. Councillor vanBeuzekom
Referred to Gov't Operations & Rules Committee
COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Housing Committee for a public meeting held on Oct 16, 2012 to discuss the expiring use agreement for University Park and to receive an update from Boston Properties on their commitment to build affordable housing in Kendall Square.
Charter Right - Decker
2. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Housing Committee for a public meeting held on Oct 23, 2012 to receive an update on plans to sell 2 Mount Auburn Street.
Charter Right - Decker
3. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public meeting held on Nov 14, 2012 to discuss the zoning petition filed by Patty Chen, et al. to amend the Zoning Ordinance in Section 20.300 Central Square Overlay District in Section 20.304.5 Use Limitations and Restrictions.
Passed to 2nd Reading
HEARING SCHEDULE
Mon, Dec 3
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Dec 5
4:30pm The Government Operations and Rules Committee will conduct a public meeting to continue discussions as it relates to the City Council's desire for a visioning/search process for the City Manager. This meeting to be televised. (Sullivan Chamber)
Fri, Dec 7
10:45am The University Relations Committee has scheduled a tour of Harvard University for the City Council and City Staff. Meeting will convene in the Sullivan Chamber and proceed to the tour. (Sullivan Chamber)
Mon, Dec 10
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Dec 11
4:00pm The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the impacts of mobile internet technology on On-Demand Transportation Infrastructure. (Sullivan Chamber)
Wed, Dec 12
4:00pm The Neighborhood and Long Term Planning Committee will conduct a public meeting to receive an update on the long-term vision for Kendall Square. (Sullivan Chamber)
Thurs, Dec 13
4:00pm The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss matters relating to dogs including waste removal, off leash access and other recently raised concerns. (Sullivan Chamber)
Mon, Dec 17
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Dec 18
3:00pm The Civic Unity Committee will conduct a public meeting to explore the Cambridge Police Department's practices and policies surrounding minority hires, promotions, and recruitment efforts. (Sullivan Chamber)
Wed, Dec 19
4:30pm The Government Operations and Rules Committee will conduct a public meeting to continue discussions as it relates to the City Council's desire for a visioning/search process for the City Manager. This meeting to be televised. (Sullivan Chamber)
Mon, Jan 7
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Jan 9
4:00pm The Ordinance Committee will conduct a public hearing on a City Council Zoning Petition, to amend the Zoning Ordinance of the City of Cambridge by amending the Section 13.59.33 Building and Site Design Requirements for Active Uses and Open Spaces by deleting condition numbered (5) In order to promote pedestrian activity on adjacent public streets from tenants and employees within commercial buildings, any cafeteria serving such commercial space may be located only on the ground floor level of a building and must be opened to the public at least 20 hours per week. This hearing to be televised. (Sullivan Chamber)
Thurs, Jan 10
2:00pm Public Facilities, Arts and Celebrations Committee (Sullivan Chamber)
Mon, Jan 14
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Jan 28
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 4
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 11
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 25
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 4
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 11
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 18
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 1
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 8
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 22
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 29
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 6
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 13
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 20
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 3
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 10
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 17
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 24
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 Dec 3, 2012
VICE MAYOR SIMMONS
WHEREAS: It is of the utmost importance that our children are able to go to and from their schools safely, and that we actively work to ensure this safety; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Police Department or appropriate agency to look into issues of safety with a view toward placing another crossing guard, adding a blinking sign, or enacting other safety measures during school hours at the Kennedy-Longfellow School and the Dr. Martin Luther King, Jr. School; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on these measures to the City Council.
O-2 Dec 3, 2012
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the impact the recently passed medical marijuana referendum might have on Cambridge and provide any suggested zoning or local ordinance changes relevant to this new law; and be it further
ORDERED: That the Public Safety Committee be and hereby is requested to hold a meeting on this subject.
O-3 Dec 3, 2012
COUNCILLOR KELLEY
WHEREAS: The intersection of Rindge and Massachusetts Avenues present challenges in terms of both drivers ignoring the northbound red light and drivers who have stopped, blocking the left turn arrow; and
WHEREAS: These two issues have led to many complaints about both pedestrian safety as cars run through the pedestrian signal and about noise as drivers wishing to make a left turn during the arrow cycle blow their horns at drivers stopped in front of them; now therefore be it
ORDERED: That the Transportation, Traffic and Parking Committee be and hereby is requested to hold a meeting to discuss the light cycle and street layout at the junction of Rindge and Massachusetts Avenue.
O-4 Dec 3, 2012
COUNCILLOR KELLEY
ORDERED: That the Transportation, Traffic and Parking Committee be and hereby is requested to hold a meeting to discuss the impact of tour buses parking, loading, unloading and driving through Harvard Square on local air quality, noise and traffic and to explore possible alternatives that would mitigate those impacts.
O-5 Dec 3, 2012
COUNCILLOR CHEUNG
COUNCILLOR TOOMEY
WHEREAS: On July 30, 2012 the City Council adopted Policy Order #35 which asked for a report on answering questions regarding the Foundry Building in order to move the community process forward; and
WHEREAS: Local organizations have inquired as to the possibility of short-term usage of space in the Foundry Building while the City Council deliberates its long-term use; and
ORDERED: That the City Manager be and hereby is requested to update the City Council on the status of Policy Order #35 which appears on the Awaiting Report List.
O-6 Dec 3, 2012
COUNCILLOR MAHER
COUNCILLOR CHEUNG
COUNCILLOR REEVES
COUNCILLOR TOOMEY
MAYOR DAVIS
COUNCILLOR DECKER
WHEREAS: City Manager Robert W. Healy has notified the City Council of his intent to retire as of June 30, 2012 after 32 years in that position; and
WHEREAS: The City of Cambridge's current executive leadership team led by Mr. Healy and Mr. Rossi has one of the longest tenures of any municipal leadership team not only in the Commonwealth but in the nation; and
WHEREAS: The City Council has committed to conducting an in depth "community visioning and engagement" process at this important juncture and prior to commencing a formal executive search; and
WHEREAS: The City Council would like to ensure that during these fiscally challenging and uncertain times Cambridge will continue to thrive and provide new opportunities; and
WHEREAS: The City Council would like to make this leadership transition as seamless as possible for residents, the business community and city staff; and
WHEREAS: Planning for the 2014 fiscal budget is fast approaching with initial meetings scheduled to begin on Dec 5, 2012; and
WHEREAS: The City will benefit from proven leadership, talent and experience as the City is currently in the process of a number of major initiatives including planning studies in Central and Kendall Squares and an aggressive capital improvement plan to rebuild several schools; now therefore be it
ORDERED: That the City Council hereby appoint Richard C. Rossi as City Manager of the City of Cambridge, Massachusetts beginning on July 1, 2013 for a period of three years ending on June 30, 2016; and be it further
ORDERED: That City Manager Robert W. Healy work collaboratively with Mr. Rossi in the development of the Fiscal Year 2014 budget, a budget that Mr. Rossi will ultimately be charged with administering; and be it further
ORDERED: That the City Council continue its work to develop a comprehensive "community visioning and engagement" process; and be it further
ORDERED: That a contract which sets forth, inter alia, the provisions specified above, shall be provided by the Chair of the Government Operations and Rules Committee to the City Council for approval no later than Jan 7, 2013.
O-7 Dec 3, 2012
COUNCILLOR REEVES
WHEREAS: The City has many meeting that require audio and visual equipment, not only in the Sullivan Chamber but in all meeting places; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with private creative and experienced state-of-the-art visual and audio companies to replace the equipment currently used by the City; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.
O-8 Dec 3, 2012
COUNCILLOR VANBEUZEKOM
ORDERED: That the following matters be referred to the Government Operations and Rules Committee:
1. That the City Council hire a municipal employment contract attorney, at a reasonable cost, to provide advice on the contract between Mr. Rossi and the City of Cambridge; and That
2. a contract between Mr. Rossi and the City of Cambridge beginning July 1, 2013 for a three-year period ending June 30, 2016, which sets forth, inter alia, be provided by the Chair of the Government Operations and Rules Committee after deliberation with the five appointed members of the Committee for approval; said approval shall be given no later than January 7, 2013.
TEXT OF COMMITTEE REPORTS
Committee Report #1
The Housing Committee held a public meeting on Tues, Oct 16, 2012 beginning at 3:13pm in the Sullivan Chamber.
The purpose of the meeting was to discuss the expiring use agreement for University Park and to receive an update from Boston Properties on their commitment to build affordable housing in Kendall Square.
Present at the meeting were Councillor Marjorie C. Decker, Chair of the Committee; Councillor Craig Kelley; Councillor Minka vanBeuzekom; Councillor Kenneth E. Reeves; Mayor Henrietta Davis; Brian Murphy, Assistant City Manager for Community Development (CDD); Susan Glazer, Deputy Director of CDD; Chris Cotter, Housing Director, CDD; Cassandra A. Arnaud, Housing Project Planner, CDD; Peter Daly, Executive Director, HRI; Elaine DeRosa, CEOC; and Interim City Clerk Donna P. Lopez.
Also present were Frank Wuest, President of Forest City, Boston; Kathryn Brown, Vice President of Legal Affairs, Forest City; James Rafferty, Attorney for Forest City; Jay Kiely, Property Manager, University Park at MIT; Mike Cantalupa, Senior Vice President for Development, Boston Properties, 800 Boylston Street, Suite 1900, Boston, MA 02199-8103; Barry Zevin, Kathleen Born and D. Margaret Drury, Cambridge Redevelopment Authority Board members; Cheryl Ann Pizza-Zeoli, ACT; Susan Hegel, Cambridge and Somerville Legal Services; Esther Leibowitz, 100 Landsdowne Street, Apt. 410; Bennie Brampton, 100 Landsdowne Street; Holland Hinman, BU student; Mary Platt, 77 Bishop Allen Drive; Kathy Watkins, 129 Franklin Street, Apt. 315; Sherri Tucker, 854 Mass. Avenue # 2; Bill Cunningham, 6 Newtowne Court; Fred Lewis, 249 Hurley Street; and James Williamson, 1000 Jackson Place.
Councillor Decker convened the meeting and explained the purpose. The purpose of the meeting is to clarify information. She outlined the format of the meeting. She asked city staff to explain where the city is on expiring use.
Chris Cotter, Housing Director, CDD, outlined the affordable housing units at University Park. The City does not consider these units expiring use. The City has preserved 275 affordable units at various properties in recent months. There are 820 units with affordability restrictions which are set to expire before 2020. Affordable housing units in the CRDD zoning district are located in the Kennedy Biscuit Lofts and 100 Landsdowne, which are controlled by Forest City, and in both phase of Auburn Court, which is controlled by Homeowner's Rehab, Inc. He distributed information on the CRDD zoning affordability requirements ATTACHMENT A. The Zoning Ordinance requires that there be 150 affordable units in the CRDD district: 100 units that are low-income units and 50 are moderate-income units. This is based on zoning requirements.
He stated that currently Forest City buildings have 77 low-income units; Auburn Court has 69 low-income units and 22 moderate- income units. Through the zoning requirements, Forest City is obligated to seek governmental subsides to keep the units affordable for the full time that Forest City controls the CRDD property which is for 75 years.
Mr. Cotter outlined the existing University Park Affordable Housing requirements for the Kennedy Biscuit Lofts and 100 Landsdowne Street, which in addition to the zoning requirements include requirements of funding used for each building ATTACHMENT B. The University Park zoning-based affordability restrictions require that Kennedy Biscuit Loft units be affordable at least until 2021, and for up to 75 years subject to Forest City's obtaining additional subsidies. Funding restrictions there require Forest City to keep the units affordable until 2029. At 100 Landsdowne Street the zoning-based restrictions runs until 2036 and for up to 75 years subject to Forest City's obtaining additional subsidies. Funding restrictions there also require Forest City to keep the units affordable until 2036. Mr. Cotter stated that in ATTACHMENT C for Auburn Court I the zoning-based affordability restrictions remain in place until 2025 with financing restrictions until 2035. At Auburn Court II the zoning-based affordability restrictions remain in place until 2030; and financing restriction until 2059. Under the Cambridgeport Revitalization Development District (CRDD) there are 150 low and moderate units required by zoning. There are an additional 18 affordable units currently being provided because of financing restrictions. Because of the funding requirements for their buildings, Forest City is currently providing an additional 18 units of affordable housing beyond what the zoning requires.
Esther Leibowitz, 100 Landsdowne Street, stated that she only recently heard about the zoning issue. She asked why, as a tenant, she did not know about the zoning based affordable units. She stated that she does not want to be thrown out of her housing because the zoning changes. She asked if she will be thrown out of her apartment. Councillor Decker informed Ms. Leibowitz that she would not be thrown out of her housing. Forest City was seeking zoning relief and this will not affect affordable housing units. Zoning relief has nothing to do with Ms. Liebowitz staying in her home. The zoning commitment may add additional affordable housing units. Ms. Liebowitz asked for clarification of the situation now. Mr. Cotter stated that 100 Landsdowne Street will remain affordable until 2036. Ms. Liebowitz requested a copy of the minutes of this meeting.
Councillor Decker asked Mr. Wuest and Attorney Rafferty what Forest City commitment is to the current affordable units and extending the commitment and the financial issue.
Mr. Wuest stated that Forest City does a lot of 80/20 affordable units. Prior to the affordable units maturing Forest City is exploring ways to keep the units affordable. Their ownership of the property is subject to a ground lease. Forest City's control of the buildings runs through 75 years from the completion of the development. He stated that he is hoping to fulfill all commitments to keep all units affordable. Forest City has met with housing advocates, tenants and the City about this issue. When the affordable units mature all subsidy avenues will be explored.
Councillor Decker asked Ms. Hegel, CSLS, for her input on this issue. Ms. Hegel stated that she has reviewed the Forest City proposal from the housing perspective and feels that it is a great commitment. There will be 168 permanently affordable units and Forest City is willing to have deed restrictions on the property. This has additional City oversight and monitoring which is not a requirement. There was proposed by Forest City higher income bracket for the moderate income units. There will be 20 additional units under the inclusionary zoning. This is a great benefit and the City should take advantage of the proposal. Mr. Wuest stated that this was part of the community benefits that had been filed with 300 Mass. Avenue zoning petition. The 300 Massachusetts Avenue zoning proposal will be re-filed.
Councillor Decker asked when the financing expires what type of commitment Forest City is making to seek financing. Mr. Wuest responded that Forest City does not know what is available, but is willing to seek subsidies. If subsidies are not available it will cost millions of dollars to Forest City, but Forest City is willing to make the commitment. Councillor Decker asked if the zoning were re-filed would you stop seeking subsidies. Mr. Wuest stated that Forest City would continue to seek subsidies. Councillor Decker asked how many subsidies will be lost and when. Mr. Cotter stated that subsidies include Section 8 vouchers and the City would expect Forest City to seek financing subsidies. Of the 77 Forest City units 68 house tenant with Section 8 vouchers.
Mr. Rafferty informed the committee that the earliest date of the expiring subsidies is 2029. Mr. Wuest stated that Forest City has financing in place. Councillor Decker asked beyond Section 8 how many other units depend on refinancing. Mr. Rafferty stated that currently there are 168 affordable units with 150 affordable units required. The Kennedy Biscuit Lofts have 36 low income units and 100 Landsdowne Street have 41 units. These units are affordable until 2036. Mr. Cotter added that many 100 Landsdowne and the Kennedy Biscuit Loft tenants have received Section 8 vouchers and there are rent restrictions in place through the Housing Authority.
Councillor Decker asked what the definition is today of affordable rent. Ms. Brown, Vice President of Legal Affairs for Forest City explained that the rent charged for affordable units, most of which were subject to Section 8 requirements. As part of community benefits that had been proposed as part of the for 300 Mass. Avenue proposal, the 20 additional units would be based on the inclusionary zoning ordinance. Mr. Cotter stated that the inclusionary formula rents are set at 30% of the income of the tenant per ordinance. The 80% of area median income limit would be similar to what is there now and when income changes the rent may go up. Councillor Decker asked moving forward how many affordable units are paying more than the 30% formula. Ms. Brown stated she did not know. Councillor Decker stated that she would like the loopholes closed that were established 25 years ago. How many more of the people in affordable units are paying more than 30% of their income? Ms. Brown stated that this information would be provided. Councillor Decker stated that she would like Forest City's best practices be in writing that the tenants are not paying more than 30% , if Forest City is will to do this.
Councillor Decker asked about the issue of not being required to take CHA vouchers. Mr. Cotter spoke about tenant-based housing vouchers. There are 68 tenants with vouchers in the Forest City properties. Councillor Decker stated that she would like Forest City to put in writing that Cambridge residents will be given first preference for affordable housing.
Councillor vanBeuzekom asked if utilities are included in the 30% of income for rents. Ms. Brown responded in the negative. Councillor vanBeuzekom requested that the 30% of income include rent and utilities. Mr. Cotter stated that the rent with affordable vouchers received by Forest City will be reduced by the utility cost. Councillor vanBeuzekom asked if regardless of government funding the units will be affordable. Mr. Rafferty stated that under 1988 housing plan commitment Forest City's best effort will be made to obtain subsidies through ground lease.
Elaine DeRosa, CEOC, stated that this secures housing and keeps tenants in units. This is quite an opportunity to preserve housing. CEOC would like to move on this deal.
Councillor Decker spoke about the zoning proposal that will be refiled by Forest City. While she is in general supportive of this project she stated she could not support it without more of a process to provide residents further opportunities to ask questions and understand the project and weigh in on their concerns and potential community benefits. She wanted to make sure that there was long-term security for tenants and a clearer legal understanding on what defined affordable prior to a re-filing of the petition.
Councillor Decker opened the meeting to public comment at 4:24pm.
Sherry Tucker, 854 Mass. Avenue, asked if Forest City is seeing Section 8 vouchers as a subsidy. Ms. Tucker asked how much money Forest City is losing for refinancing due to Section 8.
Cheryl Ann Pizza-Zeoli, Association for Cambridge Tenants, stated her bias. She stated that she hopes that the City Council will listen to tenants in affordable units. These are the people most affected.
Mary Platt, 77 Bishop Allen Drive, stated that the extension of the affordable units is marvelous. She asked if the guarantee to keep units affordable by Forest City is dependent on the zoning petition being re-filed for 300 Mass. Avenue.
James Williamson, 1000 Jackson Place, asked when does clock start on ground leases. On the University Park affordable housing is there any chance of Forest City changing the zoning-based affordability or do they remain as dates listed? Clarification is needed for the term permanently affordable. How is it determined that tenants are income eligible for the Forest City units? Section 8 rents fluctuate - is there a cap on the rents determined affordable?
Public comment closed at 4:32pm.
Councillor Reeves spoke about the resolution of expiring use and expiring term of the loan on the Asia block. This should be sent to the Affordable Housing Trust and be resolved because this does not concern the zoning petition.
Councillor Decker asked does Forest City consider Section 8 vouchers a subsidy. She stated that we do not know what Forest City is subsidizing. The government subsidizes Section 8. Councillor Reeves asked what is being refinanced. Councillor Decker added that Section 8 vouchers go with the tenant not with Forest City.
Councillor Decker announced that the answers to the questions asked today will be provided in the report of this meeting. She thanked all who attended meeting.
At 4:42pm Councillor Decker closed this portion of the meeting.
At 4:47pm Councillor Decker opened the meeting on the update from Boston Properties on their commitment for affordable housing in Kendall Square. She stated that she is hearing contradictory stories about the commitment to build housing by Boston Properties in Kendall Square.
Mr. Murphy informed the committee that Boston Properties has an obligation to building housing under the Broad Institute zoning passed in 2010. There is an escape-out or penalty that within certain time there is a financial penalty payable to the affordable housing trust to be paid over a period of years. Councillor Decker stated that there are more advantages to having affordable housing rather than receiving money. Mr. Murphy agreed with the need for housing to make Kendall Square more viable. The recent appointments made to the Cambridge Redevelopment Authority board are more involved in the process. The next proposal brought to the CRA board by Boston Properties would be a housing proposal.
Mike Cantalupa, Senior Vice President for Development, Boston Properties, confirmed the agreement made by Boston Properties with the city. The commitment was made to advocate for housing or to pay a penalty to be paid 7 years after the completion of the Broad Institute. It is anticipated that the construction of the Broad will be completed in 2014. The penalty would be due in 2021. Three alternatives for housing were presented. The alternatives were for sites at 3 Cambridge Center, on Broadway between the Marriott Hotel and 4 Cambridge Center and on Ames Street. The most feasible site for housing is across from the Broad on Ames Street. The plan is to build adjacent to garage. Boston Properties has investigated the build ability of the site. The concerns are a zoning change is required and a land disposition of city owned property. He spoke about needed zoning changes for the housing site. An easement is needed to have housing comply with the zoning. Further studies must be done. Boston Properties has met with the East Cambridge Planning Team.
Councillor Decker questioned the granting an easement. Mr. Murphy stated the support for housing for the Kendall Square area. The City Manager would recommend the formal disposition process for Ames Street. He stated that Ames Street is wide and probably better being made narrower.
Councillor Reeves inquired about the square footage of the parcel. Mr. Cantalupa responded 11,000 feet. Councillor Reeves commented that if the parking is reorganized and the sidewalks are changed it will appear that a residential tower will be built on a small site. This also appears to affect the roof-top garden.
Councillor Decker stated that regarding the land disposition the City Council wants to see the rendering, the trade offs and the value. This must be a real public value exchange. She wants to make sure that a public good is not being given up. Mr. Murphy stated that the City Manager and departmental staff are involved in this matter. The backup will be provided to the City Council. Councillor Decker asked what the time frame is. Eighteen months responded Mr. Murphy. Councillor Reeves stated that while Boston Properties is building a new building in Kendall Square the Marriott Plaza is a mess. Councillor Reeves encouraged Boston Properties to make sure it is a quality project.
Councillor Reeves asked about the units to be built and asked for the City's view on micro units. Mr. Cantalupa stated that all housing units are being reviewed. Mr. Murphy stated that the challenge is on inclusionary side. Councillor Decker noted that the City Council is considering changing the inclusionary ordinance to include square footage. She requested Mr. Murphy to come back to City Council with information on what are the ups and downs of looking at square footage. Mr. Murphy stated that Barry Bluestone will be giving an update on affordable housing in the Central Square Advisory Committee on Oct 25, 2012. Councillor Reeves spoke about press received on micro units. The City is considering middle class housing, but this has not been defined. Where is City in exploration of housing for various incomes or is there housing for various incomes. This needs to be explored. He hopes that Boston Properties develops the property and comes up with something that is innovative.
Councillor vanBeuzekom agrees with Councillor Decker that she too would much rather have the housing than the money. She favored narrowing of Ames Street. This is close to the subway. This is an exciting opportunity. This is also a tricky site. Housing will be a tall building and it makes perfect sense. Mr. Cantalupa stated that Boston Properties really does want to build the housing.
At this time Councillor Decker asked for comments or questions from CRA board members.
Mr. Zevin, CRA board member, stated that if this is to become reality the City Council has to vote on the zoning proposal and the land disposition.
Kathleen Born, CRA board member, stated that the CRA board is committed to build housing; that it be buildable housing. It could be a fascinating building. CRA is looking to the City Council on the zoning aspect. It is impossible under the current zoning, but the zoning changes and this is a doable zoning change. She added that it must be the best housing for the best place. This is not the best site for large families. This is a good site for micro housing.
Councillor Decker stated that the City Council would like to see housing at this site. There is a lot of interesting building in this area. The City does not give up the public good easily. She is happy to hear that Boston Properties wants to build housing.
Councillor Decker thanked all those present for their attendance and participation.
The meeting was adjourned at 5:25pm on motion of Councillor Decker.
For the Committee,
Councillor Marjorie C. Decker, Chair
Committee Report #2
The Housing Committee held a public meeting on Tues, Oct 23, 2012 beginning at 10:04am in the Sullivan Chamber.
The purpose of the meeting was to receive an update on plans to sell 2 Mount Auburn Street.
Present at the meeting were Councillor Marjorie C. Decker, Chair of the Committee; Councillor Craig Kelley; Vice Mayor E. Denise Simmons; Councillor Minka vanBeuzekom; Mayor Henrietta Davis; Richard Rossi, Deputy City Manager; Brian Murphy, Assistant City Manager for Community Development (CDD); Chris Cotter, Housing Director, CDD; Cassandra A. Arnaud, Housing Project Planner, CDD; and Interim City Clerk Donna P. Lopez.
Also present were Tom Lucey, Director of Community Relations, Harvard University; Leslie Bos, Recap Advisors for Harvard University; Peter Daly, Executive Director, HRI; Michael Johnston, Deputy Executive Director for Administration, Cambridge Housing Authority (CHA); Angelica Benzan, CHA; Susan Hegel, CSLS; Kathy Watkins and Cheryl Ann Pizza-Zeoli, Association of Cambridge Tenants (ACT); Robert J. LaTremouille, 875 Massachusetts Avenue; and the following residents of 2 Mt. Auburn Street: Jeffrey Cayler, Eurene Lasley, Isabel Tellen, Mary Martell, John Van Saun, Geri Pao, Paul and Helen Black, Richard Wadman, Robert Chamberlin and Louise Phelan.
Councillor Decker convened the meeting and explained the purpose. She stated that the purpose of the meeting is to hear an update on the proposed sale of 2 Mt. Auburn Street. She outlined the format of the meeting. She would have CDD explain the sale issue, give Harvard University an opportunity to be heard and then hear from the tenants. The city's goal is to preserve the affordable housing stock and ensure long-term affordability. The City can work with the state on any aspects of housing and/or on the sale of 2 Mt. Auburn Street. Harvard is having its own meeting and CEOC will be holding a meeting on this issue for tenants. Tenants are represented by ACT. Tenants have a strong voice to discuss conditions for the sale.
Mr. Murphy presented information on 2 Mt. Auburn Street. Harvard University is the owner of 2 Mt. Auburn Street and is in process of selling the building to a select few buyers to preserve affordable housing. The City has met with Harvard to ensure maximum affordability. The building has a variance and it goes with the building. The first offer has 90 days before other offers are entertained. Harvard University has committed that the building be preserved for housing.
Chris Cotter, Housing Director, stated that HRI is looking at the building under the 40T statute. HRI has the first offer on the property. Councillor Decker stated that the state has designated HRI to be the affordable housing representative.
Tom Lucey, Harvard University, stated that Harvard is considering selling the building conditioned on affordable housing and the rent calculations will be the same. Harvard University is glad to have a public forum such as this with the City on affordable housing issues. He stated that there are 600 affordable units that have been preserved. Harvard University is seeking a preservation transaction on 2 Mt. Auburn Street. He introduced Leslie Bos, Recap Advisors, advising federal agencies on preservation of affordable housing.
Councillor Decker asked why Harvard University is selling 2 Mt. Auburn Street. Mr. Lucey replied that Harvard University's focus is teaching and is an institution of higher learning. Two Mt. Auburn Street has never been seen as university housing. Councillor Decker asked what Harvard University is trying to sell it for. Mr. Lucey responded that there is a range rather than a specific selling price. Councillor Decker asked how Harvard University places a value on housing with a variance attached. She further stated that Harvard University was given a variance to build this building and it was conditioned to house seniors at affordable rents. The City understands that the variance requires that housing be provided for low-income seniors. She stated that the city's legal opinion regarding the variances will be communicated to buyers.
What net gain is Harvard University seeking? Mr. Lucey informed the committee that Harvard University will inform potential buyers about the variance. Councillor Decker asked what the long-term guarantee is. Mr. Johnston, CHA, would look for extension of the contract of 15 years with a 3-5 year extension for a total of 30 years.
Councillor Decker asked Ms. Bos is Harvard University committed to renewal of the Section 8 contract with the 30 year extension of the contract. She asked is the Section 8 or the end of the 30 year terms being discussed. She stated that HRI has first right of refusal to purchase the property then the process is opened to others for purchase. Potential buyers need to know about the variance information on this property. Ms. Bos stated that some invitees are not-for-profit developers. Harvard University will not continue the PILOT. The new buyer will be required to pay taxes on the property. Councillor Decker questioned who at Harvard is saying that this property must be sold? Whose decision is it to sell this property? It is her desire that Harvard not sell this building. With the stress, the uncertainty and the financial conditions today it is unnecessary to put the City through this conversation. The best place for this building is under Harvard's ownership. Harvard will always see this as a low-income housing property and Harvard is walking away from low-income housing for seniors. Harvard is not being viewed as a good corporate citizen in this matter. Mr. Lucey stated that this information will be brought back to Harvard as well as the confidence shown for Harvard's management of the property.
Councillor Decker asked if there is a plan to donate the profit from the sale of this property to the Affordable Housing Trust. If sold all profits should go to the Affordable Housing Trust.
Vice Mayor Simmons commented that people are worried about their housing. She wants to be talking to the people at Harvard who are the decision makers. Transparency for the City Council and the residents is important. It is important to state that this building is affordable senior housing. She asked about the viability of Section 8 vouchers are a sound premise to go forward with the sale. Mr. Johnston stated Section 8 is a federal program subject to appropriations. The Section 8 is the largest program managed by HUD. To date the Section 8 funding has not affected. Two Mt. Auburn Street was part of the 10C Program and HUD could not continue the financing. This is the last 10C project. There is a pledge from CHA to work with project based owners to keep them as whole as possible if budget cuts occur. Vice Mayor Simmons asked if the sale is definite and is there a certain date. She requested specificity if this property is disposed. Mr. Lucey stated that it is Harvard's intention to sell the property, however it could be put on hold. Ms. Bos commented that the final notice of the sale and the affordability restrictions are coming to an end. Harvard must notify the residents of their intention to sell. The final notice of the intention was issued on Oct 10, 2012. Under 40T HRI has 90 days to respond as the preferred buyer. Vice Mayor Simmons stated that it is incumbent on Harvard to be a good institutional corporate partner and to make sure that residents remain whole and to dispose of property to an entity such as HRI. She is disappointed about this sale. Mr. Lucey spoke about the notification process. He stated that he personally called the entire City Council and key City staff about the proposal to sell 2 Mt. Auburn Street.
Councillor Decker told the residents that their homes will remain affordable. She is more concerned that Harvard wants to sell the building. Harvard does not need a profit. She wanted a full assessment of the building; it needs care. Her first position on this matter is not to sell the property. She does not know anyone but Harvard who can own and maintain the building and the rents in perpetuity. Non-profits worry about losing money for maintaining their properties. Harvard wants to disposes itself from the property and walk away from seniors. Non-profits will have to negotiate with Harvard for the upkeep and maintenance on this property. She would like prior to sale that the City understands what upkeep is needed and that Harvard do the necessary repairs. She wants all the profits on this building to go to Affordable Housing Trust.
Mr. Daly, HRI, in response to a question from Councillor Decker, stated that HRI is happy to be the state 40T designee. HRI has a long working relationship with Harvard and the CHA. It is an advantage to get a local non-profit to manage the property at 2 Mt. Auburn Street. The issue is the capital needs. The assessment of the property will have an impact on what HRI can offer for the property. The downfall to 40T is that a confidentiality clause must be signed. HRI cannot have conversation with the tenants under 40T. Councillor Decker asked when the building would be assessed. Mr. Daly stated that it will take 90 days to get what the costs are. Councillor Decker suggested that Harvard sell the building for $1.00. Harvard has no business making money from low-income senior housing. She stated that she would schedule a second hearing on this matter. Councillor Kelley stated that he agreed with Councillor Decker on why sell the building and that non-profits should buy with creative financing that may impact the rents. If Harvard has missions that it no longer wants to do Harvard should inform the City Council.
Councillor vanBeuzekom informed the committee that she did receive a call from Mr. Lucey on this issue. She felt it would be ideal not to sell the building or to sell at a modest cost.
At 11:40 Councillor Decker opened the meeting to public comment.
Eurene Lasley, 2 Mt. Auburn Street, stated that she is concerned about the sale. She questioned why Harvard was selling this property while it is purchasing property throughout the state. If Harvard does not want to maintain a senior building, why not turn it over to tenants. She wanted to know if Section 8 vouchers would be maintained if there is a new owner. She hopes tenants will be informed of decisions made.
Isabel Tellen, 2 Mt. Auburn Street, stated that she was grateful to City for senior housing. If Section 8 disappears next year what happens. She requested that maintaining Section 8 vouchers be in writing.
John vanSaun, representing the tenants at 2 Mt. Auburn Street, spoke about receiving notice 20 days ago from Harvard about their intention to sell the building. He has been organizing the tenants. He agreed with Councillor Decker. He stated that 2 MT. Auburn Street is Harvard's commitment to the Riverside community. At a meeting held on Nov 7, 2009 at Harvard it was stated that Harvard has no commitment to this building. He stated that Harvard was reprimanded by the State Office of Housing that the tenants should have been given a one year notice. He disagrees with the statement that Harvard has a commitment to affordable housing. He wanted the deed restriction to be added to the recorded deed. He submitted a communication (ATTACHMENT A).
Richard Wadman, 2 Mt. Auburn Street, stated that tenants were surprised with the notice and that there was no participation from the residents at the Putnam Apartments. The tenants are required to be given a 30 day notice. He felt another approach should be taken such as Harvard's reputation has grown with what was done for the seniors. He suggested that Harvard have students live in the building and work with the seniors.
Louise Phelan, 2 Mt. Auburn Street, spoke about the environmental and emotional concern. Where will you be living in ten years from today with the economic uncertainty? Think deeply on this on this matter.
Robert LaTremouille, 875 Massachusetts Avenue, stated his concerns about this building being taken off subsidized market and added to Harvard affiliates. He is happy to see Harvard get rid of the property. This building was built to expand Harvard's campus. He hopes the City buys the building.
Bob Chamberlin, 2 Mt. Auburn Street, stated that it is important to bring 2 Mt. Auburn Street up to tolerability conditions. This would cost $2 million. The elevators are antique and dangerous. It is a joke to prospective buyers to buy the property and to make a profit. There are bedbug and mice at 2 Mt. Auburn Street. Some units are not up to HUD standards.
Mr. Cotter stated that the Section 8 contract applies to 94 units and runs to September 2013. Harvard will discuss with CHA continuing the contract and will include 94 units. Only change will be in the tenant selection. Ms. Bos added that the intention is to renew the Section 8 vouchers at all cost. Mike Johnston, CHA committed to all 94 units. The CHA would require 13˝ ratio for younger disabled tenants.
Councillor Decker thanked all those present for their attendance and participation.
On motion of Councillor Decker the meeting was adjourned at 11:32am.
For the Committee,
Councillor Marjorie C. Decker, Chair
Committee Report #3
The Ordinance Committee held a public hearing on Wed, Nov 14, 2012 beginning at 4:40pm in the Sullivan Chamber.
The purpose of the hearing was to discuss the zoning petition filed by Patty Chen, et al. to amend the Zoning Ordinance in Section 20.300 Central Square Overlay District in Section 20.304.5 Use Limitations and Restrictions.
Present at the hearing were Councillor David Maher, Chair of the Committee; Councillor Minka van Beuzekom; Councillor Leland Cheung; Mayor Henrietta Davis; Jeff Roberts and Liza Paden, Neighborhood Planners, Community Development Department (CDD); and Interim City Clerk Donna P. Lopez.
Also present were Patty Chen and Mark Shulman, 85 Windsor Street; Attorney Sean Hope, 130 Bishop Allen Drive; Carlon Assells, 74 Prospect Street; and Howie Model, 97 Columbia Street.
Councillor Maher convened the hearing and explained the purpose. He stated that the committee was in receipt of a communication from the Central Square Business Association in support of the expansion of night club use within the Central Square Overlay District (ATTACHMENT A). A presentation was made by Attorney Sean Hope, representing the petitioners and owners of the All Asia Café. This proposal is a modest amendment to the Central Square Overlay District which was adopted 20 years ago. The Central Square Overlay District has a requirement that establishments that have entertainment and alcohol must have it principal entrance on Massachusetts Avenue or Main Street. All Asia is located on Massachusetts Avenue and has contributed to the vibrancy of Central Square and offers live music. Due to changes in the property at their currently location All Asia has to move. The new location of the All Asia is 675 Massachusetts Avenue. Even though the address is on Massachusetts Avenue the entrances is on Prospect Street. This amendment is to change the allowed requirement for the stretch of Prospect Street from Bishop Allen Drive to Massachusetts Avenue. A previous proposal was found to be too broad. This proposal narrows the request and allows the stretch of Prospect Street from Bishop Allen Drive to Massachusetts to be used as the principal entrance. This area has the same use as what is allowed on Massachusetts Avenue and Main Street. This would not be a change to the commercial use on Prospect Street.
The Planning Board will be holding its hearing on Nov 20, 2012 on this petition.
Mayor Davis stated that this proposal is a modest change that accommodates the use. She felt that this amendment to the Zoning Ordinances this should move forward. She is in support of the petition. She stated that when Forest City proposed taking down the All Asia block the concerns was for the loss of live music.
Councillor Cheung stated that this petition should move forward with a positive recommendation. When the petition for Forest City was submitted the concerns was for the All Asia block. He spoke about startups and that All Asia has produced artists that have gone on to greater things. He expressed his support for the petition.
Councillor vanBeuzekom also stated her support for the petition. The previous petition was too broad. This petition is better. She is looking forward to All Asia moving in and the vibrancy that this move will bring. The corner of Prospect and Bishop Allen Drive she can envision this area being livened.
Councillor Maher asked what the square footage is of the current All Asia space and the new space. Mr. Shulman responded the current space is 32,000 square feet and the new space is 53,000 square feet. He stated that he has been in Cambridge for 20 years and this proposal is not a negative use and will not disrupt the neighborhood.
Ms. Patty Chen stated that she started her first business in 1992. As a traditional Chinese woman she appreciates Cambridge for the opportunity to conduct business.
The meeting was opened to public comment on a motion by Councillor Maher.
Carlon Assells, 74 Prospect Street stated that in Central Square there is only one site for a live upcoming band. He supported this zoning proposal.
Howie Model, 97 Columbia Street, stated that this is a great move. He recorded his support.
John Clifford, 55 Aberdeen Avenue, supported the move to Prospect Street. He stated that the President of Berkeley College thinks this is an important place for bands starting out.
At 4:55pm Councillor Cheung made a motion to close public comment. The motion carried.
Councillor Maher stated that he is glad that All Asia wants to stay in Cambridge. He is glad that All Asia is expanding. The City Council is looking to keep Central Square vibrant and this is a step in that direction.
Councillor vanBeuzekom made a motion that the petition be referred to the full City Council with a favorable recommendation. The motion carried. However, Councillor Maher stated that the City Council will await a written report from the Planning Board.
Councillor Maher thanked all those present for their attendance.
The hearing adjourned at 4:56pm on motion of Councillor Cheung.
For the Committee,
Councillor David P. Maher, Chair
AWAITING REPORT LIST
12-02. Report from the City Manager:
RE: report on the repair of all street lights that are not working in Cambridge.
Vice Mayor Simmons and Full Membership 01/23/12 (O-1)
12-08. Report from the City Manager:
RE: report on instituting a ban on plastic bags.
Councillor Decker, Councillor vanBeuzekom and Full Membership 01/23/12 (O-10)
12-20. Report from the City Manager:
RE: report on what steps the City will take to help the general public keep track of awaiting maintenance issues on things like park equipment, graffiti, sidewalks, etc.
Councillor Kelley, Councillor Decker, Councillor Cheung, Mayor Davis, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-4)
12-29. Report from the City Manager:
RE: report on the no left turn on the Cambridge Common and to remove the bicycle prohibition on certain streets, such as Whittemore Avenue. Referred back for additional information on 3/5/2012.
Councillor Kelley 02/13/12 (O-17)
12-40. Report from the City Manager:
RE: report on improper leases and rental of owned affordable housing units. Reconsideration filed by Councillor Toomey on 6/11/2012. Report referred back to City Manager for more information on motion of Councillor Toomey on 6/18/12.
Councillor Reeves, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor vanBeuzekom 03/19/12 (O-3)
12-51. Report from the City Manager:
RE: report on the feasibility of finding additional office space for the City Council.
Vice Mayor Simmons, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Reeves & Councillor vanBeuzekom 04/23/12 (O-5)
12-54. Report from the City Manager:
RE: report on how to establish an Community Choice Aggregation Network which will engage in electricity procurement for the entire City of Cambridge.
Councillor vanBeuzekom and Full Membership 04/23/12 (O-9)
12-64. Report from the City Manager:
RE: report on current status of the Inlet Bridge and what steps the City can take to ensure that agreements with the Commonwealth are upheld.
Councillor Toomey and Full Membership 05/21/12 (O-1)
12-65. Report from the City Manager:
RE: report on an explanation as the when the main library will be open on Sundays.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 05/21/12 (O-2)
12-67. Report from the City Manager:
RE: report on implementing a ban on trucks transporting hazardous materials through the City.
Councillor Cheung 05/21/12 (O-5)
12-71. Report from the City Manager:
RE: report on the possibility of converting the vacant lots at the corner of Watson and Brookline Streets and at 35 Cherry Street to community gardens or open space.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 06/04/12 (O-10)
12-74. Report from the City Manager:
RE: report on the feasibility of expanding the barbeque pilot program in parks throughout Cambridge.
Councillor Cheung and Full Membership 06/04/12 (O-13)
12-75. Report from the City Manager:
RE: report on the feasibility of providing a map of long term parking spots for rent on the city website.
Councillor Cheung and Full Membership 06/04/12 (O-16)
12-78. Report from the City Manager:
RE: report on expanding the number of Cambridge parks/playing fields with public toilets. Referred back to the City Manager on 6/18/12 on motion of Councillor Kelley.
Councillor vanBeuzekom and Full Membership 06/11/12 (O-5)
12-81. Report from the City Manager:
RE: report on meeting with No. Mass Avenue neighbors, businesses and neighborhood groups about whether additional alterations to the median strip would be appropriate.
Councillor Kelley and Full Membership 06/11/12 (O-9)
12-85. Report from the City Manager:
RE: report on installing security cameras in the Donnelly Field area.
Councillor Toomey and Full Membership 06/11/12 (O-14)
12-87. Report from the City Manager:
RE: report on the potential uses of the Foundry Building.
Councillor Toomey 06/04/12 (O-19)
12-88. Report from the City Manager: See Mgr #4
RE: report on how the City plans to maintain grade separated bikeways and keep them free from sand, branches and other debris.
Councillor Kelley and Full Membership 06/11/12 (O-7)
12-89. Report from the City Manager: See Mgr #3
RE: report on the feasibility of implementing speed-control measures at the corner of Tremont Street and Gardner Road.
Vice Mayor Simmons, Councillor Cheung and Full Membership 07/30/12 (O-2)
12-90. Report from the City Manager:
RE: report on Executive Session to discuss lawsuits.
Councillor Reeves and Full Membership 07/30/12 (O-5)
12-91. Report from the City Manager:
RE: report on the installation of lower and decorative lighting along Cardinal Medeiros Avenue.
Councillor Toomey and Full Membership 07/30/12 (O-6)
12-97. Report from the City Manager:
RE: report on the incident at the Cambridge Gateway Inn on July 5, 2012.
Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor Toomey 07/30/12 (O-12)
12-99. Report from the City Manager:
RE: report on statistical information regarding enforcement citations for loud motorcycle mufflers, car radios and the City's plan to address these issues.
Councillor Kelley and Full Membership 07/30/12 (O-16)
12-104. Report from the City Manager:
RE: report on data requested on the Andrews Petition during an Ordinance Committee hearing last term that has not yet been received.
Councillor Cheung and Full Membership 07/30/12 (O-34)
12-105. Report from the City Manager:
RE: report on answering questions regarding the Foundry Building in order to move the community process forward.
Councillor Cheung & Councillor Toomey 07/30/12 (O-35)
12-106. Report from the City Manager:
RE: report on facilitating affordable housing opportunities for middle class families.
Councillor Toomey and Full Membership 09/10/12 (O-13)
12-107. Report from the City Manager:
RE: report on the number of Cambridge residents that are working as part of organized labor on development projects along with the percentage of minority and women members and what sort of communication takes place with the Rindge School of Technical Arts and local Unions.
Councillor Toomey and Full Membership 09/10/12 (O-14)
12-108. Report from the City Manager:
RE: report on applying and participating in the Cities of Services program.
Councillor Cheung and Full Membership 09/10/12 (O-19)
12-109. Report from the City Manager:
RE: report on what strategies other cities have used to dissuade land-banking.
Councillor Cheung and Full Membership 09/10/12 (O-21)
12-110. Report from the City Manager:
RE: report on the status of 2 Mt. Auburn Street.
Vice Mayor Simmons and Full Membership 09/10/12 (O-23)
12-111. Report from the City Manager:
RE: report on improving pedestrian safety on Western Avenue at Kinnaird and Pleasant Streets.
Councillor vanBeuzekom and Full Membership 09/10/12 (O-24)
12-112. Report from the City Manager: See Mgr #7
RE: report on specific data that compares the actual energy efficiency for the City Hall Annex.
Councillor vanBeuzekom and Full Membership 09/10/12 (O-25)
12-115. Report from the City Manager:
RE: report on making accommodations for voters when elevators are not working or there are other barriers at polling locations on election days. Referred back for additional information by Councillor Decker on 10/22/2012. Further report provided and referred back by Councillor Decker on 11/5/2012.
Councillor Decker, Mayor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 09/24/12 (O-6)
12-116. Report from the City Manager:
RE: report on maintaining the present Central Square Farmer's Market permit rate despite an increase in the vehicle parking rates.
Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 09/24/12 (O-8)
12-120. Report from the City Manager:
RE: report on the possibility of creating a municipal exterminator and/or contracting exterminators to help eradicate rodent problems in the City.
Councillor Toomey, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor vanBeuzekom 10/01/12 (O-3)
12-122. Report from the City Manager: See Mgr #6
RE: report on how city construction projects are scoped, contracted out and managed so that hazards in project fill, park equipment or other areas are not likely to be created as the equipment gets used or as soil gets compacted or as erosion or frost heaves or other environmental factors alter park topography.
Councillor Kelley, Councillor Cheung, Mayor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 10/22/12 (O-2)
12-123. Report from the City Manager:
RE: report on suggestions to control the rodent population.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 10/22/12 (O-3)
12-124. Report from the City Manager:
RE: report on feasibility of finding additional secure locations for the disposal of prescription drugs.
Councillor Cheung and Full Membership 11/05/12 (O-4)
12-125. Report from the City Manager:
RE: report on feasibility of installing recycling bins adjacent to trash bins.
Councillor Cheung, Councillor vanBeuzekom and Full Membership 11/05/12 (O-5)
12-126. Report from the City Manager:
RE: report on the feasibility of ensuring all city sponsored committee hearings (such as the E-gov committee) are available online.
Councillor Cheung, Councillor vanBeuzekom and Full Membership 11/05/12 (O-6)
12-127. Report from the City Manager: See Mgr #2
RE: report on pedestrian safety improvements at the intersection of Upton and Magazine Streets.
Councillor Toomey 11/05/12 (O-7)
12-128. Report from the City Manager:
RE: report on creating a pilot program for installing mini exercise stations on major walking routes throughout the City.
Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-1)
12-129. Report from the City Manager:
RE: report on installation of additional public drinking fountains working in conjunction with the Arts Council on interesting designs.
Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-2)
12-130. Report from the City Manager:
RE: report on developing a process to promote universal design and visitability in all Cambridge Public buildings.
Mayor Davis and Full Membership 11/19/12 (O-3)
12-131. Report from the City Manager:
RE: report on possible advantages of the "preservation easement" process.
Councillor vanBeuzekom and Full Membership 11/19/12 (O-6)
12-132. Report from the City Manager:
RE: report on incorporating permanent bathroom facilities at the Cambridge Common; conduct a study for permanent bathroom facilities in all public squares; and provide a list of all locations where portable bathroom facilities are currently used.
Councillor Kelley, Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves & Vice Mayor Simmons 11/19/12 (O-8)
12-133. Report from the City Manager:
RE: report on preparing language to amendment the Municipal code banning polystyrene-based disposable food containers.
Councillor Cheung, Mayor Davis and Full Membership 11/19/12 (O-10)
12-134. Report from the City Manager:
RE: report on what policies exist to protect individuals awaiting the opening of the Cambridge Senior Center during extreme weather conditions.
Vice Mayor Simmons, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-12)
12-135. Report from the City Manager:
RE: report on preparing an ordinance regulating procedures that organizations would have to follow in the event of a concussion.
Councillor Cheung and Full Membership 11/19/12 (O-13)
12-136. Report from the City Manager:
RE: report on a plan of action to reinforce and secure restaurant bins in a way that separates food waste for composting.
Councillor Cheung and Full Membership 11/19/12 (O-14)
12-137. Report from the City Manager:
RE: report on an analysis of the entire past election of wait times and strategies for what would be necessary to reduce wait times to less than 10 minutes and on making information available on wait times at polling locations throughout the day.
Councillor Cheung, Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 11/19/12 (O-16)
12-138. Report from the City Manager:
RE: report on feasibility of updating the archived Council meetings to a standard platform capable of playback on a mobile device.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-17)
12-139. Report from the City Manager: See Mgr #5
RE: report on extending the public toilet pilot program until a permanent solution is installed.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor vanBeuzekom 11/19/12 (O-19)
12-140. Report from the City Manager:
RE: report on special permit process pursuant to MGL 40A as it relates to the impact of re-filing a zoning petition on pending special permits for special permits that have been granted.
Councillor Kelley and Full Membership 11/19/12 (O-9)