CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-88, regarding a report on the possibility of changing parking regulations around the Court House.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-134, regarding a report on how out of town officers are picked for construction details in the City of Cambridge, how they are supervised and how complaints against them are handled.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-135, regarding a report on the MBTA's Red Line tunnel between Harvard and Alewife Stations.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-118, regarding a report on tree wells and street tree planting efforts.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-124, regarding the condition of the rubber panels at the railroad tracks on Cambridge Street

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-126, regarding a report on exploring the possibility of requiring multiple trash pick-ups in buildings with over six units, and the rationale for not implementing rodent control programs similar to those in New York City, including requiring metal collectors in larger buildings.

7. Transmitting communication from Robert W. Healy, City Manager, relative to an additional appropriation of the Pathways grant in the amount of $4,000.00 received from the Massachusetts Department of Elementary and Secondary Education (DESE), Adult and Community Learning Services to the Grant Fund Human Service Programs Salary and Wages account ($1,248.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($2,752.00), which will be used to increase the hours of the CLC Family Literacy Coordinator, to contract with a driver's education instructor for the parents, to provide parenting education through Families First, to provide clinical supervision through the Guidance Center, and to purchase educational materials.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Project Bread Food Pantry grant received from the Project Bread organization for $7,225.00 to the Grant Fund Human Services Other Ordinary Maintenance account and will be used to pay for purchases at the Greater Boston Food Bank, other food purchases for our Senior Food Pantry, as well as food for senior activities and events at the Senior Center.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the S-C Management grant in the amount of $2,245.00 received from the S-C Management Corporation to the Grant Fund Human Services Salary and Wages account ($1,885.00) and the to the Grant Fund Human Services Other Ordinary Maintenance account ($360.00) and will support one ESOL class at the 402 Rindge Avenue Apartments from Feb 1 to June 1, 2010.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $35,000 from Free Cash to the General Fund Library Extraordinary Expenditures account for the purchase of a replacement van for the Library Department.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-104, regarding a report on steps being taken to protect the Albany Street residents from further outbreaks of scabies and similar diseases.

ON THE TABLE
1. Opposition to the closing of the Oliver Farnum Senior Health Center. [Placed on Table on motion of Councillor Maher on Order Number Fourteen of Nov 3, 2008.]

2. That the Cambridge City Council go on record as favoring a ballot initiative during the next local municipal election that shall allow Cambridge voters to have their voices heard on ridding the world of nuclear weapons. [Placed on Table on motion of Councillor Decker on a Roll Call Vote of 6-3-0 on Order Number Two of Sept 21, 2009.]

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie Decker, Chair of the Civic Unity Committee, for a meeting held on Oct 6, 2009 for the purpose of initiating a community conversation on strengthening the community for a safer neighborhood. [Placed on Table on motion of Councillor Davis on Committee Report Number Two of Nov 2, 2009.]

4. An application was received from Gulzada Korkmaz, requesting permission for a curb cut at the premises numbered 133 Pearl Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Placed on Table on motion of Councillor Davis on Applications and Petitions Number Five of Dec 7, 2009.]

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

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

7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on June 25, 2009 for the purpose of considering the Historical Committee's recommendation with regard to the Avon Hill Neighborhood Conservation District Boundary Report and Revised Recommendations. Committee Report Number One of Sept 21, 2009 was Accepted and Placed on File, Proposed Ordinance Passed to Second Reading and Order remains on Unfinished Business.  Ordained 8-0-1 - Ordinance #1331 [Councillor Kelley moved to amend the district boundaries by excluding 3 properties. This motion failed on a 4-4-1 vote with Kelley, Toomey, Seidel, and Simmons voting YES, Decker Maher, Reeves, and Ward voting NO, and Councillor Davis ABSENT.]

COMMUNICATIONS
1. A communication was received from the Richard D. Fanning, regarding the Fanning Petition et al.

RESOLUTIONS
1. Congratulations to David Chippendale on the occasion of being named Student Director of the Cambridge Science Festival.   Councillor Toomey, Councillor Maher

2. Resolution on the death of Margaret M. "Peg" (O'Neill) Sullivan.   Councillor Maher

3. Retirement of Abel Marques from the School Department.   Mayor Simmons

4. Retirement of Rosa Fonseca from the Cambridge Hospital.   Mayor Simmons

5. Retirement of Carol Ryan from the Cambridge Hospital.   Mayor Simmons

6. Retirement of Gail Shulman from the Cambridge Hospital.   Mayor Simmons

7. Retirement of Maureen Walsh from the Cambridge Hospital.   Mayor Simmons

8. Retirement of Ellen Wiener from the Cambridge Hospital.   Mayor Simmons

9. Congratulations to the Austin Preparatory High School Cougars Football Team on being the 2009 Division 3A Superbowl Champions.   Councillor Toomey, Councillor Maher, Councillor Ward, Councillor Decker, Councillor Reeves, Vice Mayor Seidel

10. Congratulations to Donald W. Paine on the occasion of his 25th anniversary as organist and music director at St. Mary of the Annunciation Parish.   Councillor Toomey

11. Resolution on the death of James Lampassi.   Councillor Toomey

12. Recognition of Olympic Torchbearer Dr. Judith Palfrey for being an advocate for children and responsive to the community where she lives and works.   Councillor Toomey

13. Resolution on the death of Mary J. (Tramontozzi) Mroz.   Councillor Maher

14. Resolution on the death of Elaine M. (Perry) Barrett.   Councillor Toomey

15. Resolution on the death of Marianna (Stradella) Barrila.   Councillor Toomey

ORDERS
1. That the City Manager is requested to direct the Inspectional Services Department and License Commission to inspect the area of Lakeview Avenue and determine if violations of the Noise Ordinance exist from nearby construction sites and whether added protections and methods are necessary to protect residents, particularly in the context of multiple construction sites.   Councillor Maher

2. That the City Manager is requested to confer with the appropriate departments including the Inspectional Services Department and the City Solicitor to report back to the 2010 City Council in January on what barriers would prevent residents from raising chickens and what could be done to remove these barriers.   Councillor Davis
Approved on a 6-1-1-1 vote with Councillor Kelley voting NO, Councillor Reeves ABSTAINED, and Councillor Davis ABSENT

3. That the City Manager is requested to confer with the Cable Television Department to determine the reason for Comcast to be conducting a poll regarding the City's Cable Channels and CCTV channels.   Councillor Toomey

4. That the Shell Oil Company "Spectacular" Sign located at 187 Magazine Street, Cambridge be designated as a protected landmark pursuant to Chapter 2.78 of the Municipal Code of the City of Cambridge, as recommended by vote of the Cambridge Historical Commission on October 8, 2009.   Councillor Maher and Vice Mayor Seidel

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie Decker, Chair of the Civic Unity Committee, for a meeting held on Oct 1, 2009 to receive information regarding the closing of early childhood education programs in Cambridge, the current need for maintenance and/or expansion of childcare programs in Cambridge and to evaluate the ability to use youth centers as a drop-in play space to expand on the Center for Families model.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on Nov 18, 2009 for the purpose of considering a report from the Historical Commission recommending designating the Shell spectacular sign on the property at the corner of Magazine Street and Memorial Drive as a landmark, along with a revised proposed landmark order.

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Public Safety Committee, for a meeting held on Nov 30, 2009 to discuss the hiring or lateral transfers from the Cambridge Police Department.

4. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Public Safety Committee, for a meeting held on Nov 30, 2009 to discuss the status of the follow-up investigation and communication to residents and businesses regarding the shooting on Cambridge Street.

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Craig A. Kelley, Chair of the Transportation, Traffic and Parking Committee, for a meeting held on Oct 20, 2009 for the purpose of discussing TROMP (Travel Responsibility Outreach and Mentoring Project), a four-phase program designed to alter the culture of traffic in Cambridge.

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on Nov 18, 2009 for the purpose of considering a petition for a zoning amendment filed by Richard D. Fanning et al. to eliminate the Section 5.25.3 exemption of existing parking facilities in the calculation of floor area ratio (FAR) and to delete Sections 20.44.3, which specifies maximum heights for the area between the centerline of the railroad right of way and the centerline of Cardinal Medeiros Avenue in the East Cambridge Housing Overlay District.  Referred to Unfinished Business

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Marsha Weinerman, Executive Director, Election Commission, transmitting the final official results of the 2009 Cambridge Municipal Election held on Tues, Nov 3, 2009 for School Committee and the recount conducted on Nov 30 - Dec 5, 2009.

HEARING SCHEDULE
Mon, Dec 14
5:00pm   Special Presentation honoring Prince Hall as a "Founding Father"  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Dec 15
3:00pm   The Human Services Committee will conduct a public meeting to receive an update on the establishment of Cambridge's baby university and to discuss next steps for an office of college success.  (Sullivan Chamber)
5:00pm   The Claims Committee will conduct a public hearing to consider claims filed against the city.  (Ackermann Room)
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Mon, Jan 4
10:00am   INAUGURAL MEETING  (Sullivan Chamber)

Tues, Jan 5
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Jan 11
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 19
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Feb 2
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

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

Tues, Mar 2
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Mar 16
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Apr 6
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

TEXT OF ORDERS
O-1     Dec 14, 2009
COUNCILLOR MAHER
WHEREAS: It has come to the attention of the Cambridge City Council that residents in the area of Lakeview Avenue are concerned about the level of noise that is emitted from nearby construction sites; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Inspectional Services Department and License Commission to inspect this area and determine if violations of the Noise Ordinance exist and whether added protections and methods are necessary to protect residents, particularly in the context of multiple construction sites; and be it further
ORDERED: That the City Manager be and hereby is requested to report his findings to the 2010/2011 City Council during the month of January.

O-2     Dec 14, 2009
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments including the Inspectional Services Department and the City Solicitor to report back to the 2010 City Council in January on what barriers would prevent residents from raising chickens and what could be done to remove these barriers.
Approved on a 6-1-1-1 vote with Councillor Kelley voting NO, Councillor Reeves ABSTAINED, and Councillor Davis ABSENT

O-3     Dec 14, 2009
COUNCILLOR TOOMEY
WHEREAS: It was brought to the attention of the City Council that Comcast is conducting a poll regarding the City's Cable Channels and CCTV channels; and
WHEREAS: Citizens are concerned the results of these polls could negatively impact the public access channels; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cable Television Department to determine the reason for Comcast to be conducting such a poll.

O-4     Dec 14, 2009
COUNCILLOR MAHER
VICE MAYOR SEIDEL
ORDERED: That the Shell Oil Company "Spectacular" Sign ("the Sign") located at 187 Magazine Street, Cambridge, Massachusetts be designated as a protected landmark pursuant to Chapter 2.78 of the Code of the City of Cambridge, as recommended by vote of the Cambridge Historical Commission on October 8, 2009. The property upon which the sign is situated is Parcel 86 of Assessors' Map 100 (the "Property").

This designation is justified by the important associations of the structure with the broad architectural and social history of the City of Cambridge. Specifically, the Sign is architecturally significant as the only surviving so-called "spectacular" type of neon signs in Cambridge and one of the earliest surviving examples of such a sign in the United States. Constructed ten years after this technology was introduced in America, the Sign represents an early use of neon illumination in combination with the incandescent lighted displays typical of late 19th-century advertising art. In addition, the Sign is historically significant as an artifact reflecting the mixed industrial and commercial development that occurred on Memorial Drive in Cambridgeport from the early 20th century through the 1950s.

The terms and conditions of this designation are as follows:

1. Applicability of Designation. This landmark designation shall apply only to the Sign and all of its structural components. It shall not apply to the remaining Property and any structure thereon, including but not limited to, any gas pumps, filling stations, buildings, and other structures.

2. Alterations/Changes. In accordance with § 2.78.210 of the Code of the City of Cambridge, no alterations, construction, demolition or any other action to the Property that affects the outward appearance of the Sign as visible from a public way shall be taken without review by the Cambridge Historical Commission and the issuance of a Certificate of Appropriateness, Hardship or Non-Applicability, as the case may be. In making determinations, the Commission shall be guided by the terms of the landmark designation report, section VII, Standards for Design Review, and by the applicable sections of Chapter 2.78, and by the objective that the public view of the Sign from Memorial Drive shall not be significantly diminished.

3. Maintenance.

a. The original configuration of neon and incandescent light display, including the existing 14 second display loop, should be reinstated if possible. Alterations that ensure proper weather and water protection of animator box and circuit junctions shall be allowed upon Commission staff review and approval. Existing architectural features such as raceways, lettering, structural system, location and orientation shall be maintained. Bollards or other devices protecting the sign from damage may be installed at the base of the steel structure to protect the framework from vehicular damage.

b. If after the sign is re-energized the cost for annual maintenance exceeds 150% of the average annual costs over the five years prior to December 31, 2002 as adjusted up or down by changes in the Greater Boston cost of living index subsequent to December 31, 2002, the owner of the Property may petition the Commission to initiate the rescission of this designation and, subject to City Council vote as provided in Chapter 2.78.180 F., this designation shall become null and void and of no further force and effect, other than as provided in paragraph 5, upon the Commission's determination, in the reasonable exercise of its discretion, that such annual maintenance costs are likely to continue to exceed amounts determined pursuant to such formula.

4. Sale of Property/Change Of Use. Upon the Property's conveyance to a third party who is unaffiliated with the Shell Oil Company or if the current use of the Property is legally changed to a use other than a "Shell" fuel service station, the new owner may apply for a Certificate of Appropriateness, Hardship or Nonapplicability, as the case may be, to seek the Commission's approval for any change in the sign's appearance or location, which the Commission shall not unreasonably deny in the absence of practical alternatives for the maintenance or operation of the sign or an alternative of the type contemplated in the last sentence of paragraph 5. No such application will be necessary if the sign is to remain unchanged and in place.

5. Preservation of Sign Upon Sale/Change of Use. In the event this designation becomes null and void in accordance with paragraph 3.b or of this designation, or upon the maintenance or operation of the sign no longer being a practical alternative, the owner and the Commission shall use their best efforts to preserve the Sign, including carefully dismantling and storing the sign. The Shell Oil Company and the new owner may determine that ownership of the sign will revert to the company. Donation of the Sign to the American Sign Museum or a similar museum willing to accept the same, relocation of the Sign to another "Shell" service station, or storage of the Sign pending future preservation is preferred.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Civic Unity Committee held a public meeting on Oct 1, 2009 at one o'clock p.m. in the Sullivan Chamber. The meeting was held for the following purposes:
1. To receive information regarding the closing of early childhood education programs in Cambridge and the current need for maintenance and/or expansion of childcare programs in Cambridge.
2. To evaluate the ability to use youth centers as a drop-in play space to expand on the Center for Families model.

Present at the meeting were Councillor Marjorie Decker, Chair of the Committee; City Clerk D. Margaret Drury; and Omar Bandar, manservant to Councillor Decker. Also present were Lynn Hall, Director, Cambridge Community Partnership for Children, Cambridge Public Schools; Kathy Roberts, retired founder and director of a daycare center; Ellen J. Wolpert, Coordinator, Community Partnerships for Children; Randi Epstein, Cambridge Child Care Resource Center; Sheli Wortis, retired from Cambridge Community Partnerships for Children; Lei-Anne Ellis, Division Head, Pre-School and Early Childhood Services, DHSP; Michelle Farnum, Division Head, Youth Services, DHSP; Bill Doncaster, Director of Public Affairs, Lesley University.

Councillor Decker convened the meeting and explained the purpose.

She began with the issue of the supply of childcare, both private and nonprofit, in Cambridge.

Ms. Wolpert provided a chart showing the total number of childcare slots and the number of vacancies in these Cambridge childcare centers (Attachment B). She said that there are actually vacant slots for affordable childcare in Cambridge, a different picture from what they usually see. She believes there are two reasons for the current availability. One is that the new Montessori program at the Tobin School accepts three year-olds and the other is that there is a freeze on the state voucher program for child care subsidies.

Ms. Epstein said that the Childcare Resource Center has a database of 630 programs in the greater Boston area, and that database currently shows 150 openings. She added that most are private paying spots, and low income working families cannot afford the cost of those programs.

Ms. Roberts said that with regard to the voucher program, the ceiling for income eligibility is very low. The maximum income must be less than 50 percent of the state median income, which is less than $39,000 per year for a family of three. In addition, the documentation requirements are high and undocumented persons are not eligible. Ms. Roberts informed the committee that the average annual cost of fulltime care is almost $12,000 for preschool childcare.

Councillor Decker said she sees three broad categories: 1) families that can pay private rates, 2) documented families with income low enough to qualify for state voucher, 3) all those families in between.

Ms. Ellis stated that the City of Cambridge runs seven preschools for 122 children. They have eleven openings. There is a sliding scale for payments and the charge is $774 a month for the lowest category for payment. These programs are all open ten hours a day, 51 weeks a year. She noted there are two issues of mismatch with regard to childcare centers. There are centers that cannot fill their slots because of unemployment among the parents. There is also a voucher wait list and a deficit of $25 million in the voucher program. Currently 35 percent of the families of children in the DHSP programs are on scholarships. They serve children who are Cambridge City residents or the children of Cambridge employees.

Councillor Decker said that she was happy to support Al-Bustan-Malik to get another year in their current location because of unfairness in the process to make them leave. However, it would be very difficult to go back to ask the City Council to support more subsidies at the expense of affordable housing for Cambridge residents with the ratio of nonresidents to residents in Al Bustan's students. However, programs like Al-Bustan have a real need for affordable space and Cambridge needs to find ways to help programs like Al-Bustan stay in the community. Ms. Wortis said that the other issue for that space is that it should remain as space for childcare. When the recession is over, there will be more need for childcare. With respect to trying to keep 800 Memorial Drive as childcare space, Councillor Decker said that it would be helpful for this group to talk to members of the Affordable Housing Trust.

Ms. Roberts said that there is a new issue with regard to children of homeless families. Ms. Epstein said that under new state regulations they are no longer eligible for immediate access to vouchers.

Councillor Decker said that she would like to see how many Cambridge children and childcare spaces there are, separated by infant/toddler and pre-school spaces, for each following categories:
* - Market-rate
* - Low income subsidized and qualified
* - All other families

Ms. Wortis said they also need to also discuss family childcare - what kind of supports and training are available for licensed home daycare programs. Ms. Epstein said that the requirements for licensing are getting stricter, and may mean that many providers will leave the profession or go underground.

Ms. Wolpert said there are already many unlicensed family daycare programs. The CCRC lists 18 but the Center for Families sees 55 home day care centers. Ms. Epstein said that CCRC records show 41 licensed daycare programs with 121 preschool slots.

Councillor Decker said that she would like to see the City Council create a value statement on the importance of an adequate supply of high quality childcare for Cambridge residents that could become part of the goals of the City Council. She added that the City Council has the ability, when it has the knowledge of a particular need, to impact the city budget.

Ms. Epstein said that the biggest need to look at is affordability because the families are not going to get vouchers. There used to be a DHSP scholarship/subsidy from CDBG funds. Ms. Wolpert said that Headstart has a lot of openings.

Councillor Decker said that perhaps the City could create a campaign for childcare scholarships, like the City college scholarships. She said it would be useful to bring other people to the table on this issue, for example, the Cambridge Chamber of Commerce. She said they could also look at requiring a percentage of construction costs to go to childcare, like the One Percent for the Arts program. Ms. Wortis said that she believes that the Kids' Council did some work on childcare policies. Ms. Drury said that several years ago the City Council adopted a childcare policy that the Kids' Council had worked on. It did include looking at childcare needs in planning new public buildings.

Councillor Decker said that she wants to have a working group on childcare issues such as creating adequate space for childcare. She asked Ms. Drury to distribute copies of the previous childcare policy to all in attendance of this meeting (Attachment B).

Councillor Decker then moved to the issue of using youth centers for play groups. She said that while this goes on at some centers, we do not use all five centers this way now. Ms. Ellis said that before the recent funding cuts they used to run 18 playgroups. Now, during each of 44 weeks, they have seven drop-in play groups. They also have a program called Community Play Group which is a very structured curriculum based on the "Let's Talk" curriculum. Currently there is a 70-family wait list. The program targets families that are at risk and are not connected to the services that could help them. Councillor Decker said that the Center for Families needs more space. The best play space provided in Cambridge is the space presented by the City, but the space is not permanent. She would like to use the youth centers as play space. That could be an opportunity for the youth staff to get fulltime jobs with benefits. We could bring Lesley in to do certification training for these employees. Ms. Wortis said that it is important to start with an assessment of demand or need.

Ms. Hall said that the field of early childhood is very specific and takes a long time to master. She would not want anyone to have the expectation that a few hours of training would qualify someone with no previous experience to become child care providers. Ms. Ellis said that space for play groups is limited. Having the appropriate equipment and space to explore is important. Training would be very important. She said that in future they should involve the Library and the 0-8 Council in these discussions.

Councillor Decker thanked all those present for their participation. The meeting adjourned at two o'clock and thirty-three minutes p.m.

For the Committee,
Councillor Marjorie Decker, Chair

Committee Report #2
The Ordinance Committee held a public hearing on Nov 18, 2009 beginning at four o'clock and forty-six minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a report from the Historical Commission recommending designating the Shell spectacular sign on the property at the corner of Magazine Street and Memorial Drive as a landmark (Attachment B), along with a revised proposed landmark order (Attachment A).

Present at the hearing were Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Committee; Councillor Henrietta Davis; Councillor Kenneth E. Reeves; and City Clerk D. Margaret Drury. Also present were Charles Sullivan, Executive Director of The Historical Commission; William King, Chair of the Historical Commission; and Sara Burks, Preservation Planner, Historical Commission.

Vice Mayor Seidel convened the hearing and explained the purpose. He invited the representatives of the Historical Commission to summarize the proceedings and recommendation of the commission. Mr. Sullivan said that the Historical Commission recommends landmarking the Shell Oil Company sign. Mr. Sullivan reported that the sign's primary significance is architectural, as the earliest known surviving example in the Boston area of the type of advertising signage known as a "spectacular" display. It is also significant as an intact example of a transitional type of advertising sign that combined both incandescent and neon lighting. The sign was built in 1933 and is associated with two important developments: the adaptation of neon and electricity to commercial applications, and the growth of the automobile and recreational highways at the beginning of the 20th century. The sign has been off for the last 6-7 years.

The Shell sign was listed on the National Register of Historic Places in 1994. The Cambridge Historical Commission first initiated a landmark study for the Shell sign as early as 1990. The Cambridge Historical Commission initiated a new landmark designation study and voted in 1996 to recommend the designation of the sign as a Cambridge landmark. There was little public support for the designation at that time, due to objection to corporate practices overseas. The City Council never acted on the designation recommendation and the matter expired at the end of the Council's calendar. In 2002, the study was re-initiated, but a designation recommendation was tabled and not sent to the City Council at that time. The Commission restarted the discussion in May of 2008, and the current study will expire May 1, 2009.

The terms of the study and the content of the earlier report remain as they were presented in 1996 and 2002 in that the component of the site which the Commission seeks to protect is the sign itself and not the remaining buildings on the property.

On Apr 2, 2009, the Historical Commission voted 5-0 to find that the sign meets the criteria in the ordinance for landmark designation, and to forward its report and recommendation to the City Council. Only the sign would be protected. The order before the City Council is a revised order that addresses maintenance and what would happen if the Shell Company were to sell the property. Mr. Sullivan noted that the Historical Commission recognizes that the light display should be reinstated if possible. However, both the Shell Company, the owner of the sign and franchise owner, Tibor Hangyal, expressed concern about the cost of maintenance. There is a provision in the order that would allow the owner to petition for rescission of the landmark order if the maintenance costs become unmanageable.

Mr. Sullivan also explained that if the property is sold, the new owner can apply for a certificate of appropriateness if they want to change or move the sign. If the order is rescinded due to maintenance costs, the order calls for Shell Company to use its best efforts to preserve the sign, preferably on sight.

Councillor Davis submitted for the record two letters (Attachment C) in support of the sign, one from Olivia Fiske and one from the Cambridgeport Neighborhood Association.

Councillor Maher asked how the CITGO sign in Boston is handled. Mr. Sullivan said that it is landmarked by the City of Boston and maintained by the CITGO Oil Company.

Councillor Maher asked whose responsibility it would be to repair damage from an accident. Mr. Sullivan replied that it would b e the owner's responsibility, but if the owner found it financially onerous, the owner could apply for a certificate of hardship.

Vice Mayor Seidel asked whether a new owner would be required to maintain the sign if it were landmarked. Mr. Sullivan said yes, although he would expect that that issue would be an item of negotiation in Shell's sale of the property to a new purchaser. In response to a question from Councillor Davis, Mr. Sullivan said that the entire structure from the ground up would be landmarked. If a new owner wanted to put it on top a new building, the owner would need zoning relief.

Councillor Maher moved that the report be forwarded to the City Council with a favorable recommendation. The motion passed without objection.

Vice Mayor Seidel and Councillor Maher thanked those in attendance for their participation. The meeting was adjourned at five o'clock and 8 minutes p.m.

For the committee
Vice Mayor Sam Seidel, Co-Chair
Councillor David Maher, Co-Chair

Committee Report #3
The Public Safety Committee held a public meeting on Mon, Nov 30, 2009 at six o'clock and eleven minutes P.M. in the Auditorium at the King Open School located at 850 Cambridge Street.

The purpose of the meeting was to discuss the hiring or lateral transfers from the Cambridge Police Department.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor Henrietta Davis; City Manager Robert W. Healy; Deputy City Manager Richard Rossi; Police Commissioner Robert Haas; Superintendent of Police Christopher Burke; and Lieutenant Leonard DiPietro; Jason Alves, manservant to Councillor Toomey; and Deputy City Clerk Donna P. Lopez.

Councillor Toomey convened the meeting and explained the purpose. The issue of why the city is looking to hire from the lateral list and not take new hires from the civil service list will be discussed. Councillor Toomey asked City Manager Healy to outline the current staffing list and why the city is hiring lateral transfers of persons from outside the city and not hiring Cambridge residents.

Mr. Healy informed the committee that there are 270 full budgeted positions in the Police Department of which the primary is the patrols. After Jan l, 2010 it is projected that there will be twelve vacancies which must be filled, The City Council would like Cambridge residents hired from the civil service list, however state law mandates that laid off police officers be hired first from the civil service list then Cambridge residents. (A copy of the Chapter 31, Section 40 entitled Reemployment list the Police Officer Reemployment List as of Nov 18, 2009 was distributed to the committee). Cambridge is seeking people from other communities to transfer to Cambridge. There is a selection and interview process that the Police Department conducts. The advantage is that these rehires are already trained. Hiring new police officers requires them to be trained which consists of twenty-two weeks at the police academy. Cambridge can only hire laid off officers from the civil service list. There is not enough stimulus money to rehire police officers laid off. The financial picture will only get bleaker. This is a state law mandate and it is to Cambridge's advantage to interview and screen applicants from the reemployment list.

Councillor Toomey commented that most other communities in Massachusetts are laying off employees. Cambridge residents should be encouraged to apply for employment in Cambridge.

Commissioner Haas stated that the application deadline has been extended to Dec 14, 2009. Applicants must be in a civil service department. The downside to the reemployment list is that applicants can go back to work in their community. Cambridge prefers the hiring of lateral transfers.

Councillor Toomey opened the meeting to public comment.

Marilyn Tarmy asked what about Cambridge is so attractive for out of city applicants.

Councillor Toomey responded that it is the benefit package that is attractive. Mr. Healy added that the Cambridge Police has a good reputation; Cambridge has financial stability and is a good place to work.

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at six o'clock and twenty-five minutes P.M.

For the Committee,
Councillor Timothy J. Toomey, Chair

Committee Report #4
The Public Safety Committee held a public meeting on Mon, Nov 30, 2009 at six o'clock and twenty-six minutes P.M. in the Auditorium at the King Open School located at 850 Cambridge Street.

The purpose of the meeting was to discuss the status of the follow-up investigation and communication to residents and businesses regarding the shooting on Cambridge Street.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor Henrietta Davis; City Manager Robert W. Healy; Deputy City Manager Richard Rossi; Police Commissioner Robert Haas; Superintendent of Police Christopher Burke; and Lieutenant Leonard DiPietro; Joseph Grassi, School Committee member; John Silver, School Department security; Greg Russ, Executive Director, Cambridge Housing Authority (CHA); Gloria Leipzig, Director of Operations, CHA; David Degou, Security, CHA; Jason Alves, manservant to Councillor Toomey; and Deputy City Clerk Donna P. Lopez.

Also present was Richard Fanning, 21 Cornelius Way; Claire Koen, 150 Webster Avenue; Joe Burke, 399 Windsor Street; Matteo Crane, 49 Lincoln Street; Rudy Belliardi, 195 Webster Avenue; and Marilyn Tarmy, 14 Cornelius Way.

Councillor Toomey convened the meeting and explained the purpose. The meeting will receive a status update of the situation and any other incidents in the city from the Police Department and School Department personnel comments. Parents were upset because they were not notified of the shooting incident. The community has prepared a series of questions for the city to answer. Commissioner Haas will comment on what he can without jeopardizing the investigation and the CHA will responded. He now asked Commissioner Haas to explain the situation.

Commissioner Haas informed the committee that this is a random incident. The police know the players. This shooting incident was one of a series of incidents that occurred in the city. He asked Superintendent Burke to give an overview.

Superintendent Burke stated that the shooting incident occurred on Nov 9, 2009 at 901 Cambridge Street. Witnesses were involved. The vehicle was identified and stopped. Suspects were apprehended and arrested and the weapon was recovered. A suspect resided at 901 Cambridge Street. Two arrests were made: the shooter and the person who moved the firearm to another location. The shooter's bail was set high and the person who moved the firearm was bailed and is being monitored. This situation was under control quickly. Commissioner Haas added that there was a police officer in the school providing information about the incident.

Councillor Toomey inquired of the CHA the next steps and the general policy regarding tenants living in CHA housing when there is an incident such as that which occurred.

Ms. Leipzig responded that within 48 hours of the incident the CHA began eviction proceedings. The shooter, which is the son of the CHA tenant, has been removed from the lease and the parents are being moved to another location. The family cannot have contact with their son as conditioned in the agreement signed by the family with the CHA. Councillor Toomey asked if the son visits his parents what the recourse is. Ms. Leipzig stated that this would be a violation of the agreement and the CHA would go back to court for eviction. Situations are evaluated on a case-by-case basis. Councillor Toomey asked at what point is there immediate eviction. Ms. Leipzig responded that another incidence of violence with this family the CHA may seek eviction.

Councillor Toomey asked about the CHA screening process for apartments. Ms. Leipzig responded that the CHA conducts CORI, credit and criminal background checks as well as home visits and income eligibility information. No screening was done on the suspect in this incident because the person is not an adult and lived in the apartment for a long time. Entire families are CORI checked if eighteen or older. Mr. Russ added that federal law allows authority to evaluate on how to proceed. The agreement will allow court cooperation. Agreements help in court with evictions if there if a violation of the agreement. Ms. Leipzig informed the committee that both families had legal representation. The agreements prevent visitation of the suspects to their family and does not allow the suspects to be on CHA property. The criterion for apartment preference is the applicant must either live or work in Cambridge. The family of the suspected shooter has been a CHA resident for twenty years.

The committee heard from John Silver from the School Department. He stated that cooperation exists between the School Department security, the Cambridge Police and the CHA. When an incident occurs around a school every step is taken to protect the students. In this particular incident there was a police resource officer in the building. There was no danger to the students. A decision was made not to lock down the school because of the quick resolution of the situation.

Lieutenant DiPietro identified the issues, problems and individuals. There was one group that was causing the problem. The members of this group were arrested. Another group, Donnelly Field group, problem began after school began in September. A problem individual in the Lincoln Park area has been identified and the Cambridge and Somerville Police and the District Attorney are watching the individual. Extra patrols, including bike patrols, are patrolling this area. The Cambridge Police Department is dealing with the problem as best as it can. The police can walk by the Frisoli Youth Center to ensure safe egress from the center. Constant communication about this location exists between the Police and the Human Services Department. Commissioner Haas responded that the police assess the situation with the School Department so that the police and school are in collaboration. The police also share information with the CHA. The police also accompany the CHA into court for action.

Councillor Toomey asked if the screening process for Section Eight Tenants and private management companies that the CHA interacts with are the same as the CHA screening process. He also commented that the fence at the Willow Street homes needs to be lowered. Mr. Russ responded that the CHA is not responsible for the same level of screening for Section Eight. HUD rules prohibit assistance. There is a ban on housing for drug and sex offenders. The Willow Street fence height is being discussed due to the housing development being redesigned. Mr. Fanning suggested an open picket fence at Willow Street.

At six o'clock and fifty-five minutes Councillor Toomey opened the meeting to public comment.

Marilyn Tarmy asked if Cambridge has a gang problem, how many gangs are there and what are the territories. Lieutenant DiPietro responded that the gang is not a nationally recognized gang and is not involved in criminal activity. Rather it is groups that do not like each other that clash and fight with no laid claim to territory. The individuals are known to the police stated Commissioner Haas. The six officers assigned to this area have been briefed. He urged the public to notify the police of suspicious activities. In response to a question from Councillor Toomey Lieutenant DiPietro stated that the groups live in the neighborhood. A group congregates at a home on Willow Street and is welcomed by an individual at this address. The group has 10-12 members. There is a teen center and a ball field in the area making it difficult to target the group as a nuisance; the police will make it uncomfortable so that the group will disperse. If police officers talk to this group it makes them uncomfortable. He urged residents to call the police if they notice anything suspicious. An unidentified male resident asked if there is any community outreach program to prevent this group from becoming a full gang. Commissioner Haas stated that the police officers talk to individuals at-risk, but cautioned that the police do not want to make it look as if the group is being accused of anything. The police do not target kids. The goal of the police is to stop the fighting between the groups. Lieutenant DiPietro stated that the Cambridge Police is big on being proactive; to do preventative work takes time. The police can help with resources. He cited examples of the resources as night court basketball started in North Cambridge and then brought to Area Four.

Councillor Davis asked the age of the groups. Lieutenant DiPietro responded the groups ages are 14-26. Councillor Davis asked how many kids were there altogether in the groups, there are ten in one group and 12-14 in the other stated Lieutenant DiPietro. Commissioner Haas gave the police telephone number and informed the committee that the dispatcher asks for a name and address of the caller, but that this information is not recorded. The area is being patrol with six walking units and patrol cars. The increased patrol was done on purpose to stop the fighting. The youth at the Frisoli Center are not involved in these incidents. The public can contact the police by e-mail, text message or on the anonymous telephone line. The complaints go to a call center what is separate from the police department. The neighborhood sergeants and the Superintendent of Police get information when sent by e-mail. When a call is made to the police department a response is received.

Councillor Toomey asked how neighborhood alerts are disseminated to the neighborhoods. Through general crime bullets stated Commissioner Haas.

Claire Koen, 150 Webster Avenue, stated that she was unnerved to feel uncomfortable in her neighborhood. There is a safe house that these kids go to, she said. She reported a store at the corner of Hammond Street as a gathering place. She also had a concern with the height of the fence on Willow Street. School property is a huge. The issue should be to get kids off the sidewalk and out of the parks and into a school. Only a specified number of exits and entrances should be utilized to get kids in and out of the schools in an emergency.

Mr. Fanning asked if there was drug activity with the gangs. Lieutenant DiPietro stated maybe some small scale drug sales. Mr. Fanning responded that it is time to start a neighborhood watch. Councillor Toomey added the area needed to be reviewed for where additional lighting is needed.

Joseph Burke, 399 Windsor Street, stated that the kids playing basketball are not the problem. The problem is progressive. The area is densely populated. There is a problem with the HRI and Just-A-Start buildings. The developments are not managed well. The housing issue has not been addressed or identified.

Mr. Fanning asked what the number is of affordable housing units in East Cambridge. It is unfair for all low income housing units to be located in East Cambridge.

Matteo Crane, 49 Lincoln Street, asked if there was a person in the vehicle when the firearm discharged. Superintendent Burke responded in the affirmative. This was a targeted incident; the target was the car not the individual. Two crime scenes were secured. An arrest was made on York Street. Mr. Crane asked if there is intent to use video camera surveillance. Councillor Toomey explained that the use of surveillance cameras is an ongoing discussion with the City Council. Some cameras were installed and not activated. Councillor Davis added that Cambridge is taking baby steps around red light running camera enforcement.

Rudy Belliardi, 195 Webster Avenue, commented that people are wary of being seen and of retaliation. He is not comfortable in this situation. Where are the parents? He favored the installation of cameras. The community cannot sustain this situation; residents are being bullied.

Commissioner Haas stated that this is a short-term situation. The goal is to stop these activities. The police will not allow children to run away with this situation.

Councillor Toomey noted that there is a common theme about the quality of life in the city. Distribution of affordable housing units and management of these units are issues of concern to the residents. All departments including Police, School and Housing Authority, are working together to make the city a good city. Steps need to be taken to make sure that property is properly managed. Properly securing trash needs to be addressed.

Mr. Burke commented that no one wants to eliminate affordable housing, but there are a lot of issues that come with affordable housing such as more cars requiring more parking, trash and crime.

Mr. Crane asked is there a standard for a goal for the reduction of crime. Commissioner Haas responded that hot spot analysis is done; it is abnormal for East Cambridge. The police have a plan and need to get to the root of the problem. The area is being patrolled more, the store is being monitored and a bi-weekly analysis is being done. A report on the events in the Wellington-Harrington area was received from Commissioner Haas dated Nov 20, 2009 responding to Order Number Eleven of Oct 5, 2009 and is attached (ATTACHMENT A)

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at seven o'clock and fifty-five minutes p.m.

For the Committee,
Councillor Timothy J. Toomey, Chair

Committee Report #5
The Transportation, Traffic and Parking Committee held a public meeting on Oct 20, 2009, beginning at six o'clock and thirty-five minutes p.m. in the Ackermann Room. The meeting was held for the purpose of discussing TROMP (Travel Responsibility Outreach and Mentoring Project), a four-phase program designed to alter the culture of traffic in Cambridge (Attachment A).

Present at the meeting were Councillor Craig A. Kelley, Chair of the Committee; and City Clerk D. Margaret Drury. Also present were Rozann Kraus, Chilton Street, founder of TROMP; Matt Shuman, employee of TROMP; Police Superintendent Steve Williams; Police Lieutenant Jack Albert; Police Sergeant Kathleen Murphy; and Jeff Rosenblum, Environmental and Transportation Planner, Community Development Department (CDD).

Councillor Kelley convened the meeting and explained the purpose. He announced for the record that Ms. Kraus is the wife of his children's pediatrician. He invited Ms. Kraus to describe the TROMP program.

Ms. Kraus noted that it was the 11th anniversary of her son's being hit by a car while on the way back from the store with chocolate chips for muffins. Ms. Kraus said that the concept for TROMP came from her long experience riding her bicycle and having near death experiences on almost every ride. The obesity epidemic and global warming are also relevant issues. She attended a Bicycle Committee meeting and spent some time on the Pedestrian Committee. She was struck by the divergence of their points of view. Everyone has an issue with his or her form of transportation. Our community can do better than just putting people on bicycles without teaching them to ride and not teaching pedestrians that they are part of the traffic too. Through this thought process she conceived of a program to raise the awareness of motorists, bicyclists and pedestrians that they are all part of one whole, one system, that they have a responsibility for the way they travel and how it impacts others.

Ms. Kraus explained that TROMP stands for travel responsibility outreach and mentoring program. There is an underlying theme of respect. Education is a key component of TROMP. Ms. Kraus said that when she talked to the Superintendent of Schools, he was very enthusiastic. The idea would be to teach kids to follow the relevant rules. What she is hoping for from the Cambridge Police Department (CPD) is to expand the mentoring part of the police work. If a police officer sees a pedestrian starting to walk between cars, that can be used as a teaching moment, an opportunity to mentor the proper way to cross a street and to give people positive feedback when travelling properly.

Ms. Kraus described an experience this morning with a little girl about 7 years old waiting at the crosswalk at the side of the street to cross the street. A motorist drove right by. There was a police officer on detail assignment standing right there. This was a TROMP moment. The detail officer could have stopped the car and explained the rules and responsibilities of drivers. Superintendent Williams said that this concept is wonderful. The issue is how we get there. CPD knows it is something that they have to strive for. Department-wide they are trying to ask detail officers to be more proactive. He is disappointed to hear about this occurrence, but there does have to be a balance. Detail officers need to focus on their primary function as well.

Lieutenant Jack Albert said he believes that most officers are trying to do this anyway, especially in a situation with a child in the crosswalk. An officer would usually stop the motorists and talk to the driver about the importance of making sure the child could cross safely.

Jeff Rosenblum, Planner, Environmental and Transportation Planning (CDD), introduced himself. He said that his department has had discussions about behavioral decision making. There are times when officers miss something like this, but on the whole, for every bad decision you notice, there are probably 10 incidents of travelers obeying the rules. It takes 10 good experiences to make up for one bad one. People tend not to notice the good things. For example, motorists may over-estimate how much cyclists break the law. He cycles, walks, drives and has had bad experiences in all these modes, but he also has had good experiences. He gave the example of a detail police officer on Prospect Street who saw him cycling at the edge of the road and advised him to take the whole lane because of an upcoming obstruction.

Ms. Kraus said that there are many situations in which taking a little responsibility makes a big difference. It will be great if people driving through Cambridge have it on their consciousness to stop for pedestrians and to share the road with bicyclists. Ms. Kraus noted that she stops cars for pedestrians while riding a bike and that it would be nice for cars to be prepared to stop as they approach a crosswalk

Lieutenant Albert said that he would love to see the state and federal government become a part of this attempt to change behavior.

Ms. Kraus said that the government has said that if TROMP is successful in Cambridge, he would be willing to work on it at a state level. Ms. Kraus said that TROMP is not changing any laws and could be expanded statewide. In Wyoming people know where to speed.

Lieutenant Albert said that it is similar to the CPD gateway approach to raise consciousness at the city borders. He said that the target audience is not just Cambridge residents. Most citations go to transient drivers passing through Cambridge and most accidents involve non-residents. Money needs to be spent on this like on seatbelts. It took us ten years to get better about using seatbelts. Need to focus on gateways so people would focus everywhere. They do a lot of this on a daily basis, training officers and giving directives.

Ms. Kraus said that she would like to see the TROMP message on websites for the universities. Ms. Kraus said that M.I.T. has a TROMP link to their transportation website. The Volpe center could do something like that, it's not that complicated. Everyone already has an opinion, is already involved. At the Octoberfest table TROMP staffed, people expressed a lot of anxiety about parking and so forth. TROMP is easier than banning transfats.

Lieutenant Albert said that CPD is doing a big part of TROMP already. Ms. Kraus agreed and said that is why she would like more public attention and focus. Lieutenant Albert said that TROMP will have the greatest impact if the public can be persuaded to take it on as their own cause and behavioral goal. Ms. Kraus said that she has been meeting with neighborhood groups and that people want more enforcement. Superintendent Williams said that the CPD is involved in education and will keep doing education, but education is not quantifiable. Enforcement, on the other hand, is quantifiable. Lieutenant Albert said that the CPD does not do enforcement for the revenue. If there is someone who knows they have made a mistake, a police officer has the discretion to not give a $100.00 ticket. The main goal is education and behavior changes. Superintendent Williams said that they try to do enforcement in all three sectors. Mid-block crossings are a real problem. CPD only cites pedestrians when they have been at fault in an accident. The one that falls off is the enforcement of the prohibition of jay walking. The fine is $1.00 and it is seen as a joke. In this case, enforcement does not create changes in behavior. Ms. Kraus noted that the State Legislature is taking steps to change that and the fine will be going up significantly.

Sergeant Murphy said that the effective date for the new bicycle enforcement law has been put off until 2011, because there is no way to identify the riders and bicycles.

Ms. Kraus noted that pedestrians don't always use crosswalks. She described an incident in which she was bicycling and a pedestrian was jay walking in a crosswalk against the light. There was almost a bad accident. She almost hit the pedestrian. A police officer on a detail assignment nearby was observing and he said "sorry ma'am, but pedestrians always have the right of way in the crosswalk." Superintendent Williams said that is incorrect information. Some police officers may need additional education on that point. He told the committee that the CPD will provide that additional education but he would not have officers chasing issues with no impact. The fine needs to be higher.

Councillor Kelley said that, statistically, there is not a big issue of accidents between pedestrians and bicyclist. He asked how the data collection upgrade is coming along. Lieutenant Albert said that they are moving forward on the QED software aspect.

Sergeant Murphy said the education has to start with young drivers and riders.

Councillor Kelley said the amount of revenue from enforcement has dropped in the last two budgets, and asked whether the reason for the decrease is a reduction in enforcement.

Lieutenant Albert answered in the negative. He said that they are going after the high accident sites, not the high revenue. They are reducing the number of accidents and injuries.

Councillor Kelley asked whether the next step is a roll out of what QED can do as far as creating a data analysis tool for CPD to review enforcement and accident information. He also asked about CPD'S focus on helmets and seatbelts. He also asked whether they have requested that QED tell them whether they can provide the data that they want. Superintendent William said he will check on this.

Councillor Kelley said that he understands that the big load of data that he received earlier from CPD was from information the police were collecting because of issues of racial profiling. Lieutenant Albert replied that the data collected in connection with racial profiling was police stop data, which is completely different from the accident data that they provided to Councillor Kelley.

Ms. Kraus said the bottom line is quality of life. That means creating an environment in which people can decide they want to bicycle and are not too fearful to get on their bikes. Lieutenant Albert said that he agrees that Cambridge has to be able to hold all three groups equally responsible. With enough education and enforcement, eventually the herd mentality will get to everyone people will make the right judgment choices. A wait of 45 seconds at a light can seem like a long time until we change that mentality. Ms. Kraus said they have been meeting with neighborhood associations and business associations and they have had a really good response to their presentations of TROMP. Sergeant Murphy suggested that Ms. Kraus reach out to AAA. Ms. Kraus suggested that the Police Department do that.

Councillor Kelley said that he does not know what the final outcome will be. Ms. Kraus said that people do learn and you have to start somewhere. She added that they understand that they have to take the long view of looking at least 6 or 7 years forward, but they want a more cohesive idea of where Cambridge is going.

Councillor Kelley thanked all attendees. The meeting adjourned at six o'clock and forty minutes p.m.

For the Committee,
Councillor Craig Kelley, Chair

Committee Report #6
The Ordinance Committee held a public hearing on Nov 18, 2009 at five o'clock and twenty minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition for a zoning amendment filed by Richard D. Fanning et al. to eliminate the Section 5.25.3 exemption of existing parking facilities in the calculation of floor area ratio (FAR) and to delete Sections 20.44.3, which specifies maximum heights for the area between the centerline of the railroad right of way and the centerline of Cardinal Medeiros Avenue in the East Cambridge Housing Overlay District (Attachment A).

Present at the hearing were Councillor David Maher and Vice Mayor Sam Seidel, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Henrietta Davis; and City Clerk D. Margaret Drury. Also present were Beth Rubenstein, City Manager for Community Development; Stuart Dash, Director of Community and Neighborhood Planning, Community Development Department (CDD); and Lester Barber, Director of Zoning and Land Use Planning, CDD.

Councillor Maher convened the hearing and explained the purpose. He invited the petitioners to present the petition. The petitioners distributed a memorandum to the City Council as entitled "In Support of the Fanning Petition" (Attachment B). Lino Becerra, 6 Cornelius Way, began with a slide presentation. He said that the petition seeks to provide a transition between the small residential properties and the Kendall Cinema area adjacent to the One Kendall Square development. It is not reasonable to put a 100 foot high building next to a collection of 30 foot high three-unit buildings and townhouses. The purpose of this proposal is to remove the ability to build a 100 foot building (85 foot height limit plus mechanicals) next to their neighborhood. This proposal would return commercial development to the heights of the base A-1 zoning, which allows 45 foot high buildings plus an addition for mechanicals.

Richard Fanning, 21 Cornelius Way, stated that he is an abutter of the Kendall Cinema site. He said that the proposal also would remove the current exemption from FAR of the parking garage. He read a letter to the Planning Board from Carol Ballew (Attachment C) in support of the proposed amendment.

Councillor Maher then invited testimony from the property owners and their representatives. Attorney James Rafferty, stated that he represents the Beal Companies and introduced Peter Spellios, Senior Vice President and General Counsel of the Beal Companies and Attorney Sean Hope, also representing the Beal Companies.

Mr. Rafferty said that at the Planning Board hearing there was an observation that there is "an elephant in the room," referring to the petition filed in 2008 by the Beal Companies, seeking zoning amendments that would have enabled more development of the area in question. The petition was withdrawn after residents expressed significant opposition. At the moment, neither the owners nor the property owners seem very happy with the current zoning. Prior to the last rezoning this area featured industrial zoning right up against a Resident C-1 district. In the previous re-zoning, 4.0 commercial FAR was reduced to 1.25 FAR and a 100 foot height limit was reduced to a 35-45 foot height limit. Mr. Rafferty said that from the midpoint of Cardinal Medeiros Avenue for a distance 100 feet, no height greater than 35 feet is allowed under the current zoning. This petition as filed deletes that 100 foot buffer, which he believes is an unintended consequence.

Mr. Rafferty said that the other part of the petition provides for the exemption of GFA, gross floor area, for the above-ground parking, which was standard grandfathering language at the time that particular provision was enacted. This petition eliminates this exemption for the garage on the Kendall Cinema site. The result would be that this one garage would be treated disparately from every other parking garage in the City. Further, this provision would mean that there would be no FAR left on the site unless they were to spend $15 million to convert the current garage to underground parking. Mr. Rafferty said that the property owners are hoping that there can be a forum for a discussion of better alternatives for the property and the neighborhood residents. There is a range of land use planning tools available.

Councillor Reeves asked about the current as-of-right height limits. Mr. Rafferty said that the limit is 85 feet for commercial buildings. Councillor Reeves asked if Beal is interested in developing housing at that site. Mr. Spellios said that Beal does a great deal of residential development. Their analysis is that commercial development is the preferred use for this site but residential could be a possibility or a part of the plan.

Councillor Maher then invited public comment.

Richard St. Clair, 3 Michael Way, spoke in support of the Fanning Petition. They do not want and would be harmed by an 85 foot or higher building. Their neighborhood is the most densely populated in the City. Some neighbors have installed solar power on their roofs that would become useless due to the shadows of a building that tall on that site.

Anthony Keber, Cornelius Way, spoke in support of the Fanning petition, which in no way intends to disrespect the ECAPs and ECHO re-zoning. There is now a lot more housing in East Cambridge, and a lot more areas suitable for the development of housing. He expressed his skepticism with regard to Beal's "willingness to build housing".

Mark Jaquith, 213 Hurley Street, spoke in support of the Fanning petition. The ECHO Zoning is as big a failure of zoning as he has ever seen. The withdrawal of the Beal petition included the following: a height increase from 45 to 85 feet, elimination of height setback and an increase of FAR.

Charles Marquardt, 10 Rogers Street, said that the Linden Park/Cornelius Way neighborhood is an historical area. It was a blighted area that has been reclaimed and is flourishing. It needs protection.

Joe Parrish, 19 Cornelius Way, abutter, stated that he does not begrudge any property owner from attempting to develop that property to its fullest potential. He also does not begrudge any residential neighborhood from trying to protect their quality of life.

Councillor Davis said that this is a serious issue that needs additional discussion and dialog. She asked Ms. Rubenstein what resources the City can bring to this discussion.

Ms. Rubenstein said the Planning Board has asked the Community Development (CDD) staff for more information on the previous zoning proposals for the Beal property and for comparisons on the development potential under the current and proposed zoning. They have also asked the City Solicitor for an opinion on spot zoning. In addition the Planning Board wants more information on shadow impacts year round and on changes in this part of the City since 2001. CDD staff will bring the issue back to the Planning Board shortly.

Councillor Davis said that her question is more about process. The divide between the parties is very great.

Councillor Maher requested that a comparison of the development potential for current zoning with housing and the potential for commercial development under the current zoning be added to the material being prepared for the Planning Board. He requested that all of this information be forwarded to the Ordinance Committee as soon as possible. Councillor Maher added that he and Vice Mayor Seidel will have a meeting of the interested parties before the schedule another meeting with the City Council.

Councillor Reeves said that he agrees that nothing can be done tonight. He agrees that the garage is very ugly. He takes this as a reasonable challenge that could result in making everything better. There are several processes. One is several meetings with individuals. Another is to get a new vision of the place. This could be a winner for all interests.

Vice Mayor Seidel agreed with the need for a confluence of interests. He believes that height is a very important part of that the transition between the residential and commercial zones. He asked whether, if the grandfathering protection were removed from the parking garage, would all of the buildable FAR already be used up for the site. Ms. Rubenstein answered that she could not respond to that question at this time. She added that CDD staff intends to report back to the Planning Board on Dec 15th.

Councillor Reeves asked how tall the Amgen building is and Mr. Barber said the building is 120 feet with another 20 feet of mechanicals on top.

On a motion by Councillor Davis, it was agreed without objection that the petition would remain in the Ordinance Committee.

Councillor Maher and Vice Mayor Seidel thanked all those present for their participation. The hearing was adjourned at six o'clock and thirty minutes p.m.

For the Committee,
Councillor David Maher, Co-Chair
Vice Mayor Sam Seidel, Co-Chair

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

08-101. Report from the City Manager:
RE: report on working with Boston to create a policy to keep truck traffic to a minimum within the City.
Councillor Toomey and Full Membership 07/28/08 (O-25)

08-105. Report from the City Manager:
RE: report on the possibility of using the parcel on Binney and Fulkerson Streets for a dedicated dog park.
Councillor Toomey, Vice Mayor Murphy & Mayor Simmons 07/28/08 (O-40)

08-148. Report from the City Manager:
RE: report on appointing a public housing or Section 8 tenant to fill the existing vacancy on the Cambridge Housing Authority Board of Commissioners.
Councillor Decker and Full Membership 12/08/08 (O-2)

08-152. Report from the City Manager:
RE: report on the status of establishing a Walden Street Cattle Pass observation point.
Councillor Decker and Full Membership 12/15/08 (O-1)

08-158. Report from the City Manager:
RE: report on possible funding to deal with hoarding and to preserve housing.
Councillor Davis 12/22/08 (O-8)

09-11. Report from the City Manager:
RE: report on the removal of the Homeland Security Surveillance cameras and infrastructure and who is responsible for the removal.
Councillor Decker and Full Membership 02/09/09 (O-7)

09-21. Report from the City Manager:
RE: report on survey of surrounding cities and towns on the hours of operation of their libraries and a survey of patrons as to their needs and desires with respect to library hours.
Councillor Davis 03/09/09 (O-14)

09-22. Report from the City Manager:
RE: report on ways to implement the recommendations made in A Look at Women in Cambridge Now.
Mayor Simmons and Full Membership 03/23/09 (O-7)

09-26. Report from the City Manager:
RE: report on potential amendments to the zoning ordinance to bring city lighting more in line with dark sky principles and address problems of enforcement of existing regulations.
Councillor Davis and Full Membership 03/23/09 (O-16)

09-66. Report from the City Manager:
RE: report on efforts to prohibit smoking in parks.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 06/08/09 (O-8)

09-76. Report from the City Manager:
RE: report on inspecting rooftop mechanicals on commercial buildings to ensure they are functioning properly and within the noise ordinance.
Councillor Toomey and Full Membership 06/22/09 (O-5)

09-88. Report from the City Manager:  See Mgr #1
RE: report on the feasibility of changing after hours metered parking on streets adjacent and in the vicinity of the Court House and Registry of Deeds.
Councillor Ward, Councillor Kelley, Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Maher, Vice Mayor Seidel & Mayor Simmons 07/27/09 (O-1)

09-93. Report from the City Manager:
RE: report on policy surrounding smoking in outdoor seating areas.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons & Councillor Ward 07/27/09 (O-10)

09-104. Report from the City Manager:  See Mgr #11
RE: report on methods for protection of homeless shelter residents from scabies and similar diseases.
Councillor Decker and Full Membership 09/14/09 (O-9)

09-108. Report from the City Manager:
RE: report on what steps can be taken to implement a 311 system.
Councillor Decker and Full Membership 09/14/09 (O-18)

09-117. Report from the City Manager:
RE: report on the recent disturbances in the Wellington-Harrington area.
Councillor Kelley and Full Membership 10/05/09 (O-11)

09-118. Report from the City Manager:  See Mgr #4
RE: report on the status of tree wells and street tree planting efforts.
Councillor Kelley and Full Membership 10/05/09 (O-12)

09-123. Report from the City Manager:
RE: report on traffic safety measures at the intersection of Fresh Pond Parkway and Mt. Auburn Street.
Vice Mayor Seidel and Full Membership 10/05/09 (O-20)

09-124. Report from the City Manager:  See Mgr #5
RE: report on repairing the rubber panels that line the railroad tracks on Cambridge Street.
Councillor Toomey and Full Membership 10/05/09 (O-21)

09-125. Report from the City Manager:
RE: report on developing an action plan for the Mayor's Blue Ribbon Commission on Middle School Youth report.
Mayor Simmons, Vice Mayor Seidel and Full Membership 10/05/09 (O-23)

09-126. Report from the City Manager:  See Mgr #6
RE: report on the rationale for not implementing rodent control programs similar to those in New York City, including requiring metal collectors in large buildings.
Councillor Decker and Full Membership 10/19/09 (O-8)

09-127. Report from the City Manager:
RE: report on seeking professional exterminators to more aggressively pinpoint and address the rodent problems.
Councillor Toomey and Full Membership 10/19/09 (O-9)

09-129. Report from the City Manager:
RE: report on both the status of wireless service at Newtowne Court and also a plan to ensure reliable wireless service in Cambridge.
Vice Mayor Seidel and Full Membership 10/19/09 (O-11)

09-130. Report from the City Manager:
RE: report on the feasibility of working with local organizations to implement a program in Cambridge similar to the "NYC Cool Roofs" program.
Vice Mayor Seidel and Full Membership 10/19/09 (O-13)

09-131. Report from the City Manager:
RE: report on progress in forming the Coordinating Council on Aging in Place.
Councillor Davis and Full Membership 10/26/09 (O-7)

09-132. Report from the City Manager:
RE: report on an update on the Blessed Sacrament Church construction project.
Councillor Decker and Full Membership 10/26/09 (O-10)

09-134. Report from the City Manager:  See Mgr #2
RE: report on details of how many out-of-town officers are picked for construction details.
Councillor Kelley and Full Membership 11/02/09 (O-3)

09-135. Report from the City Manager:  See Mgr #3
RE: report on an update from the MBTA on what actions are being taken to make necessary repairs to ensure safe travel on the Red Line, specifically addressing corrosion and damage on the tracks between the Alewife and Harvard Square Stations.
Councillor Decker and Full Membership 11/16/09 (O-7)

09-136. Report from the City Manager:
RE: report on details of damaged overhead wires on Windsor and Seckel Streets caused by recycling trucks and an explanation as to why residents would be expected to pay for damage caused.
Councillor Toomey and Full Membership 11/16/09 (O-11)

09-138. Report from the City Manager:
RE: report on CHA housing renovations using stimulus money.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 11/23/09 (O-1)

09-139. Report from the City Manager:
RE: report on impact the Cambridge Health Alliance budget cuts will have on the Victims of Violence program and the Community Crisis Response Team.
Councillor Decker and Full Membership 11/23/09 (O-2)

09-140. Report from the City Manager:
RE: report on reduction of play groups and change in age eligibility for play groups from the Center for Families.
Councillor Decker and Full Membership 11/23/09 (O-3)

09-141. Report from the City Manager:
RE: report on possibility of a system similar to Fast Lane that could be operated to pay for parking at municipal garages.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons & Councillor Ward 12/07/09 (O-1)

09-142. Report from the City Manager:
RE: report on ways of making the eastbound merge of Route 2 and Route 16 less challenging.
Councillor Kelley, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-6)

09-143. Report from the City Manager:
RE: report on why exercise facilities for seniors at the YMCA are limited.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-7)

09-144. Report from the City Manager:
RE: report on making modifying the City website and streamline videos to accommodate Mac users.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-8)

09-145. Report from the City Manager:
RE: report on whether or not Aggregate Industries is providing concrete to any City construction or sidewalk projects.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-9)