CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as members of the Mid Cambridge Neighborhood Conservation District Commission:

Nancy Goodwin - reappointment - 3-year term: Ms. Goodwin, an architect with Finegold Alexander & Associates, has serviced on the Commission as an alternate and member since 1999. She has served as Vice-Chair of the Commission since 2001.

Lestra Litchfield - reappointment - 2-year term: Ms. Litchfield has served as an alternate since 2005, and has a background in art history and cultural resource management.

Tony Hsiao - reappointment - 2-year term: Mr. Hsiao, an architect with Finegold Alexander & Associates, has served on the Commission as a member since 1997.

Carole Perrault - reappointment - 1-year term: Ms. Perrault, an architectural historian with the National Park Service, has served on the Commission as a member since 2001 and is a neighborhood tenant.

Sue-Ellen Myers - alternate - 3-year term: Ms. Myers, an educator, has been a resident of Mid Cambridge for seven years, and recently received a certification in landscape design at Harvard's Landscape Design Institute. She has a strong interest in urban planning and historic architecture.

Monika Zofia Pauli - alternate - 2-year term: Ms. Pauli is a principal with Pauli Architects, LLC, a Boston-based architectural firm with a strong emphasis on historic restoration and renovation. She has a great deal of experience with the review process for historic districts in Boston and Cambridge.

Siobhan McMahon - alternate - 1-year term: Ms. McMahon is a new resident of Mid Cambridge and has a background in software development. She and her husband received a Preservation Award from the Cambridge Historical Commission in 2008 for a sensitive restoration of their 1870s brick row house at 57 Dana Street.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-142, regarding a report on the installation of a bus shelter at 2518 Massachusetts Avenue for the #77 bus.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-100, regarding a report on possible changes to regulations and operating procedures for traffic and motor vehicle use that could increase efficiency and fuel conservation.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-146, regarding a report on the rational for developing and implementing new parking sticker placement requirements.

Dec 15, 2008

To the Honorable, the City Council:

In response to Awaiting Report Item Number 08-146, regarding a report on the rational for developing and implementing new parking sticker placement requirements, Traffic, Parking & Transportation Director Susan Clippinger reports the following:

This year residents are being asked to place their resident permit in the lower left corner of their front windshield. This is being done for a variety of reasons. It is easier for the Parking Control Officers (PCOs), who already have to check the front dash for a visitor permit or a disability placard. When back windows are tinted it is often hard to see the permit.

The Department planned ahead and purchased the new permits and prepared the new resident brochure in August. The decision was made to go with the new location in October, when permission was received for the change from the Registry of Motor Vehicles. When 2009 permits were sent via mail, a brightly colored flier was included that informed residents of the new sticker location. When a resident renews in the office, staff tells them of the changed location and gives them the flier.

If a resident with a permit is tagged in error because the PCO did not see the permit, they should dispute that ticket. The easiest way is to use the on-line ticket dispute form at: www.cambridgema.gov/traffic. If they do not have access to the internet they can write in or drop off a dispute form at the Traffic, Parking & Transportation office. Staff will be able to verify that a resident permit was issued to the vehicle tagged and the ticket will be dismissed.

It is anticipated that it may take some time for residents to adjust to the change in the new sticker location and will also give the Department time to evaluate the improvement.

Very truly yours, Robert W. Healy, City Manager

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-147, regarding a report on the number of spaces in city-owned lots and garages that are designated for car sharing programs.

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.]

UNFINISHED BUSINESS
2. 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.]

3. 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.]

RESOLUTIONS
1. Congratulations to Christopher Aufeiro on being inducted to the Boston University Baseball Hall of Fame.   Councillor Toomey

2. Thanks to all the firefighters and emergency personnel who responded to the Lexington Avenue fire.   Councillor Maher, Councillor Decker, Councillor Davis, Councillor Toomey

3. Resolution on the death of Julia J. (Thompson) Driscoll.   Councillor Maher

4. Resolution on the death of Jordan Gebre-Medhin.   Councillor Reeves

5. Resolution on the death of Margaret "Daisy" Oakley.   Councillor Reeves

6. Retirement of Marva Wooden from the Cambridge Hospital.   Mayor Simmons

7. Retirement of Estelle Lindover from the Cambridge Hospital.   Mayor Simmons

8. Congratulations to Elyse Cherry on the occasion of receiving the "Women of Justice" Award.   Councillor Davis

9. Congratulations to Gloria Mejia on the occasion of receiving the 2008 "Community Health Worker" Award.   Councillor Davis

10. Resolution on the death of John R. Moot.   Councillor Maher, Councillor Davis, Vice Mayor Murphy

11. Congratulations to the Tar Heel Smithfield Packing workers who chose union representation with the United Food and Commercial Workers International Union.   Councillor Decker

12. Resolution on the death of Gabriel D. Paiva.   Councillor Toomey

13. Best wishes to Garrett Simonsen as he leave the Department of Public Health for a new position in Derry, New Hampshire.   Mayor Simmons

14. Happy 60th Birthday wishes to Robert Bacon.   Mayor Simmons

15. Congratulations to Billy Baker on his efforts to quit smoking.   Councillor Decker

16. Happy 50th Wedding Anniversary wishes to Leroy and Myrtle Cragwell.   Councillor Reeves

ORDERS
1. That the City Manager is requested to discuss with relevant City departments the creation of a Walden Street Cattle Pass observation point using the public arts funds previously dedicated to the site.   Councillor Decker

2. That the Transportation, Traffic and Parking Committee be and hereby is requested to hold a meeting in January to try to determine whether the City should ask the State to eliminate or change the project planned at the junction of Massachusetts Avenue and Cedar Street.   Councillor Kelley and Councillor Decker
Failed 2-7 (Councillors Decker and Kelley voted YES)

3. That the City Manager is requested to confer with public safety officials and city communications staff to determine what additional public outreach could be done to help minimize the possibility of house fires and to implement any relevant programs as quickly as possible.   Councillor Kelley and Councillor Seidel

4. That the City Manager is requested to give a full report to the City Council by no later than Jan 19, 2009 on the security cameras that may be or have been installed in Cambridge by the U.S. Department of Homeland Security.   Councillor Seidel

5. That the City Council go on record encouraging Cambridge grocery stores to generously donate food to the local food pantries.   Councillor Davis

6. That the City Manager is requested to organize a meeting as soon as reasonably possible with relevant City staff, Harvard Square entities and the MBTA to review the upcoming elevator project to help ensure that the project will not result in the damage occurring at Old South Church.   Councillor Kelley

7. That the City Manager is requested to urge the MBTA to immediately address service needs on the 47 bus route so that people are not left waiting at the bus stops.   Councillor Davis

8. That the City Manager is requested to develop a comment on behalf of Cambridge regarding the Massachusetts Department of Environmental Protection's draft CO₂ Budget Trading Program Emission Control Plan for Mirant Kendall, LLC.   Councillor Davis

9. That the City Council go on record supporting the adoption of the Emission Performance Label.   Councillor Davis

10. That the City Manager is requested to direct the Community Development Department to communicate with and update residents of East Cambridge on plans to ensure a supermarket remains within a reasonable distance of the neighborhood.   Councillor Seidel

11. That the City Manager is requested to provide the City Council with a status update on Policy Order Number 7 which was adopted on May 19, 2008 regarding the drafting of an ordinance which would require motorists to use a "hands free" device when using a cell phone while driving in Cambridge.   Councillor Seidel

12. That the City Manager is requested to obtain a report from the Fire Department on whether or not the fire hydrants closest to 72-74 Lexington Avenue were functioning properly, and whether or not there was a need to connect to hydrants further from the fire location because of low water pressure, hydrant malfunction. or any other issue.   Councillor Decker

13. That the City Manager is requested to urge the Police Department, in their process of hiring a contractor for the cleaning of the new Police Department offices, to hire a contractor who best exemplifies Cambridge's responsible employer values and practice.   Councillor Decker

14. That the City Manager is requested to direct the City Solicitor to report to the Ordinance Committee on the effects that adoption of proposed amendment to the Memorial Drive Overlay District would have on any existing special permit.   Vice Mayor Murphy

15. That the City Manager is requested to confer with the Assistant City Manager for Community Development to provide the Ordinance Committee with a list of the properties that would be affected by the proposed amendment to the Memorial Drive Overlay District.   Vice Mayor Murphy

16. That the City Manager is requested to confer with the Assistant City Manager for Community Development to provide the Ordinance Committee with a long-term planning assessment of the area included in the Memorial Drive Overlay District and how the existing zoning dovetails with the long-term plans.   Councillor Seidel

17. Formal evaluation process for the City Manager.   Councillor Maher and Vice Mayor Murphy

18. That the Co-Chairs of the Government Operations and Rules Committee meet with the City Manager to discuss the terms of a contract prior to January 7, 2009.   Councillor Toomey

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David Maher and Vice Mayor Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on Nov 19, 2008 on a petition to amend the Zoning Ordinances in Section 20.80, Memorial Drive Overlay District.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David Maher and Vice Mayor Brian Murphy, Co-Chairs of the Government Operations and Rules Committee, for a meeting held on Dec 10, 2008 to discuss the process to be used by the City Council to evaluate the City Manager.

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

Tues, Dec 16
3:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss planning along Massachusetts Avenue, between Harvard and Porter Squares and the impacts of possible development along this corridor.  (Sullivan Chamber)

Mon, Dec 22
5:15pm   Special Presentation to thank all involved in the disaster relief effort for victims of the Prince Street fire.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Tues, Jan 6
4:30pm   The Ordinance Committee will conduct a public hearing. Topic to be announced.  (Sullivan Chamber)

Wed, Jan 7
5:30pm   The Government Operations and Rules Committee will conduct a public meeting to hear from the public regarding the evaluation of the City Manager.  (Sullivan Chamber)

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

Tues, Jan 13
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss opportunities to grow fresh fruits and vegetables in Cambridge.  (Sullivan Chamber)

Wed, Jan 14
6:00pm   Human Services Committee  (Broad Institute, 7 Cambridge Center)

Thurs, Jan 22
5:00pm   The Civic Unity Committee will conduct a public hearing to discuss the Homeland Security grant for installation of surveillance cameras and an opportunity to have a community discussion with the city officials who have allowed for the installation of the cameras.  (Sullivan Chamber)

Mon, Jan 26
5:30pm   Roundtable Meeting on emergency preparedness. No public comment. No votes will be taken. Meeting not be televised.  (Sullivan Chamber)

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

Tues, Feb 3
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss the distribution of fresh fruits and vegetables.  (Sullivan Chamber)

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

Mon, Feb 23
5:30pm   Roundtable Meeting with NSTAR. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, Feb 24
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss outdoor lighting.  (Sullivan Chamber)

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

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

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

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

Mon, Mar 30
5:30pm   Roundtable Meeting with School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, Apr 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 13
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 27
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Dec 15, 2008
COUNCILLOR DECKER
WHEREAS: In the mid-19th century several regional highways intersected at Porter Square. This transit system was used, in part, for the transport and trade of cattle until as recently as 1920; and
WHEREAS: The only physical remnant of the Porter Square area cattle market is the Walden Street Cattle Pass, a brick tunnel beneath the Walden Street bridge; and
WHEREAS: The Walden Street Cattle Pass is listed on the National Register of Historic Places; now therefore be it
ORDERED: That the City Manager be and hereby is requested to discuss with relevant City departments the creation of a Walden Street Cattle Pass observation point using the public arts funds previously dedicated to the site; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the status of establishing this Walden Street Cattle Pass observation point.

O-2     Dec 15, 2008
COUNCILLOR KELLEY
COUNCILLOR DECKER
WHEREAS: The upcoming work at the junction of Massachusetts Avenue and Cedar Street will remove three mature trees; and
WHEREAS: Trees all over the City are valuable resources and mature trees along Massachusetts Avenue are very rare and add great value to the streetscape; and
WHEREAS: This roadwork is part of a larger state-funded project and is aimed at making the intersection safer and more intuitive for drivers, cyclists and pedestrians; and
WHEREAS: It is not clear that the state's plan will result in notable improvements in safety at this intersection; and
WHEREAS: Given the current fiscal constraints faced by all parts of government; now therefore be it
ORDERED: That the Transportation, Traffic and Parking Committee be and hereby is requested to hold a meeting on this issue in January to try to determine whether the City should ask the State to eliminate or change this project.

O-3     Dec 15, 2008
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
WHEREAS: There have been two major house fires in Cambridge in the past few weeks; and
WHEREAS: While the cause of these fires is not yet public knowledge, house fires are often started as a result of human error, such as smoking in bed, candles used near dry plant materials such as holiday wreaths or frayed wiring and extension cords; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with public safety officials and city communications staff to determine what additional public outreach could be done to help minimize the possibility of house fires and to implement any relevant programs as quickly as possible.

O-4     Dec 15, 2008
COUNCILLOR SEIDEL
WHEREAS: Citizens have expressed concerns over the reported installation of security cameras in Cambridge by the U.S. Department of Homeland Security; and
WHEREAS: The City Council is scheduled to hold a Roundtable on emergency preparedness on Jan 26, 2009; now therefore be it
ORDERED: That the City Manager be and hereby is requested to give a full report to the City Council by no later than Jan 19, 2009 on the security cameras that may be or have been installed in Cambridge by the U.S. Department of Homeland Security.

O-5     Dec 15, 2008
COUNCILLOR DAVIS
WHEREAS: During this holiday season, more than ever there is a need for contributions to food pantries in Cambridge; now therefore be it
ORDERED: That the City Council go on record encouraging Cambridge grocery stores to generously donate food to the local food pantries.

O-6     Dec 15, 2008
COUNCILLOR KELLEY
WHEREAS: Recent MBTA elevator work appears to have resulted in structural damage to Boston's historic Old South Church; and
WHEREAS: Old South Church cannot function as it has previously as a result of this damage, with various items such as the Church organ no longer being useable; and
WHEREAS: It is not clear how or when the MBTA will fix the damage it allegedly caused, nor is it clear where the MBTA would find the necessary funds to do such repairs; and
WHEREAS: The MBTA is going to start a similar project in Harvard Square in the near future; now therefore be it
ORDERED: That the City Manager be and hereby is requested to organize a meeting as soon as reasonably possible with relevant City staff, Harvard Square entities and the MBTA to review the upcoming elevator project to help ensure that the project will not result in the damage occurring at Old South Church; and be it further
ORDERED: That the City Manager be and hereby is requested to inform the City Council of the time, date and location of this meeting when it is scheduled.

O-7     Dec 15, 2008
COUNCILLOR DAVIS
WHEREAS: On numerous occasions the 47 bus has passed people waiting at bus stops because the bus is too full; now therefore be it
ORDERED: That the City Manager be and hereby is requested to urge the MBTA to immediately address service needs on the 47 bus route so that people are not left waiting at the bus stops.

O-8     Dec 15, 2008
COUNCILLOR DAVIS
WHEREAS: The public has until Dec 18, 2008 to comment on the Massachusetts Department of Environmental Protection's draft CO₂ Budget Trading Program Emission Control Plan for Mirant Kendall, LLC; now therefore be it
ORDERED: That the City Manager be and hereby is requested to develop a comment on behalf of Cambridge.

O-9     Dec 15, 2008
COUNCILLOR DAVIS
WHEREAS: The state Energy and Environmental Affairs Department is proposing that starting with model year 2010 vehicles, and Emission Performance Label will be affixed to the driver's side window so consumers will have information they can use to choose the most environmentally friendly vehicle; and
WHEREAS: The label will score each vehicle's smog and global warming emissions with the smog score based on the smog-forming emissions from the vehicle's operation, and the global warming score based on the emission of carbon dioxide and other pollutants from the vehicle's operation and fuel production; now therefore be it
ORDERED: That the City Council go on record supporting the adoption of the Emission Performance Label; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this resolution to Laurie Burt, Commissioner of the Department of Environmental Protection, on behalf of the entire City Council.

O-10     Dec 15, 2008
COUNCILLOR SEIDEL
WHEREAS: The supermarket in Twin Cities Plaza in East Cambridge is physically located in Somerville but serves the East Cambridge community as one of their primary food shopping locations; and
WHEREAS: The City of Somerville has discussed a possible rezoning of this site that might bring about a different use on the site; and
WHEREAS: The loss of a supermarket on that site would have a detrimental impact on the whole of the East Cambridge neighborhood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to be in communication with the City of Somerville about any plans they might have to rezone that site; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to communicate with and update residents of East Cambridge on plans to ensure a supermarket remains within a reasonable distance of the neighborhood.

O-11     Dec 15, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to provide the City Council with a status update on Policy Order Number 7 which was adopted on May 19, 2008 (see attached) regarding the drafting of an ordinance which would require motorists to use a "hands free" device when using a cell phone while driving in Cambridge.

O-12     Dec 15, 2008
COUNCILLOR DECKER
WHEREAS: There have been reports that there was a fire hydrant malfunction resulting in low water pressure and a delay in combating the Dec 9th Lexington Avenue fire; now therefore be it
ORDERED: That the City Manager be and hereby is requested to obtain a report from the Fire Department on whether or not the fire hydrants closest to 72-74 Lexington Avenue were functioning properly, and whether or not there was a need to connect to hydrants further from the fire location because of low water pressure, hydrant malfunction. or any other issue; and be it further
ORDERED: That the report answer the question of if indeed there was a hydrant malfunction, how do we know that this malfunction will not happen again, and what is being done to ensure that other city hydrants are functioning properly; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the matter.

O-13     Dec 15, 2008
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to urge the Police Department, in their process of hiring a contractor for the cleaning of the new Police Department offices, to hire a contractor who best exemplifies Cambridge's responsible employer values and practice.

O-14     Dec 15, 2008
VICE MAYOR MURPHY
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to report to the Ordinance Committee on the effects that adoption of proposed amendment to the Memorial Drive Overlay District would have on any existing special permit.

O-15     Dec 15, 2008
VICE MAYOR MURPHY
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the Ordinance Committee with a list of the properties that would be affected by the proposed amendment to the Memorial Drive Overlay District.

O-16     Dec 15, 2008
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the Ordinance Committee with a long-term planning assessment of the area included in the Memorial Drive Overlay District and how the existing zoning dovetails with the long-term plans.

O-17     Dec 15, 2008
COUNCILLOR MAHER
VICE MAYOR MURPHY
WHEREAS: The City Manager's contract expires on Aug 31, 2009; and
WHEREAS: Pursuant to the contract, the City Council has to take action by Feb 28, 2009; and
WHEREAS: The Government Operations Committees over the past three review cycles has established a formal evaluation process; now therefore be it
ORDERED: That the City Council establish the following format and schedule:
  *Members of the City Council shall schedule individual meetings with the City Manager to provide him with feedback as to his performance. Individual meetings shall be completed by Dec 31, 2008. An evaluation form shall be supplied to each member for the member to use or not use in the meeting as he or she chooses. The form may be filled out and given to the City Manager, filled out and used by the member as an aid to the discussion but not given to the City Manager, left blank and used as a guide for discussion. or not used at all.
  *The Government Operations Committee shall schedule a public hearing to receive public testimony relative to the City Manager's performance and evaluation on Jan 7, 2009 at 5:30pm in the Sullivan Chamber.
  *At the City Council meeting held on Jan 12, 2009 the City Council shall consider the matter and take whatever action it deems appropriate.

O-18     Dec 15, 2008
COUNCILLOR TOOMEY
ORDERED: That the Co-Chairs of the Government Operations and Rules Committee meet with the City Manager to discuss the terms of a contract prior to Jan 7, 2009.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public hearing on Nov 19, 2008 beginning at four o’clock and ten minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition to amend the Zoning Ordinance in Section 20.80-Memorial Drive Overlay District (Attachment A).

Present at the hearing were Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Committee, Councillor Henrietta Davis, Lester Barber, Director of Zoning and Land Use Planning, Community Development Department and D. Margaret Drury, City Clerk.

Vice Mayor Murphy convened the hearing and explained the purpose. He invited William August, President of the Cambridgeport Neighborhood Association to present the petition. Mr. August stated that the members of the association voted to have this amendment filed. The objective of the amendment is to preserve open space along the Charles River. The outcry in Cambridgeport that led to this was a proposed development at the site of the Marriott Hotel, formerly the Radisson Hotel. The hotel owners did work with the community on pathways and other improvements. However, the community was unable to achieve its objective of protecting the open space adjacent to the river. A 120 foot building was permitted in the riverside setback. The other concern of the neighbors is that waiving the height limits, as is allowed by special permit in this district, would "canyonize" the river.

Mr. August said that there was a second Planning Board hearing on this project at which several neighbors expressed concern. Nevertheless, the Planning Board granted the petition for a special permit. The residents believe that, while allowable under law, this decision sets a very bad precedent. The proposed amendment does not eliminate all special permit powers in the overlay district. They have been asked by several groups who do not believe the proposal goes far enough to extend this amendment to cover the entire river. Mr. August quoted Pebble Gifford in saying that when the Charles River is clean enough to swim in, who will want to swim in shadows. He also quoted the purpose of the zoning code to regulate development so that it is in harmony with the surrounding area. The essence of harmony in this area is preserving the river bank.

Marco Werman, 21 Laurence Street #2, member of the Board of the Cambridgeport Neighborhood Association, stated that this proposal has the unanimous support of the neighbors with whom they have spoken. In contrast with his personal experience at the Board of Zoning Appeal, he saw an almost obsequiousness on the part of the Planning Board members toward developers. It should be at least as difficult for a developer to obtain a special permit as for an individual homeowner to obtain a variance.

Vice Mayor Murphy then invited the property owners of the affected land to speak. James Rafferty, attorney for the owner, Nordic Properties and Todd Fremont Smith, Vice President of Nordic Properties, owners of the Marriott Hotel and applicants for the special permit that has been mentioned, spoke. Mr. Rafferty first noted that by law, the applicant’s burden of proof in a petition for a variance is much greater than that of the applicant for a special permit. In a petition for a variance, the owner has the burden of showing that the law should not apply to his or her property and that he or she should be given permission to do something to the property that is not allowed by the law. A special permit application is an application for a permit allowed by the law.

Mr. Rafferty said that less than three years ago, the issue of the zoning for this area was before the City Council. The former owners of the hotel filed an application for a special permit under the existing zoning law and the neighbors filed a petition to change the existing zoning law. New zoning, which downzoned the area, was adopted less than three years ago by a 9-0 vote.

Attorney Rafferty said that at the end of that process, there was a zoning amendment, but there was also a provision for an exception by special permit for 50,000 square feet for housing. This was the result of a process that most were quite happy with. The owners then applied for a special permit, and the Planning Board approved a special permit.

The special permit required substantial improvements to the site. For example, the Planning Board is requiring the transformation of an asphalt parking lot in the front setback to a new pocket park. Mr. Rafferty said that there are two main reasons for the owner’s opposition to this zoning petition. One is that the present zoning is already new zoning adopted only three years ago. The other reason is that the amendment would prohibit this owner from going forward with the project that has been contemplated and negotiated with the community. The allowance for the waiver of the setback in the zoning was the result of negotiation. There were many neighborhood meetings. This petition really is spot zoning aimed at one particular project.

Mr. Fremont Smith said that the hotel project has been ongoing for two years. They built a beautiful hotel and now they want to build the residential part of the project. Mr. Fremont Smith showed pictures of the restaurant and hotel with a terrace to meet the Planning Board’s request to design and build with the goal of contributing to an enlivened riverfront. In negotiations, there were step back changes to accommodate condominium owners on Pleasant Street. Through negotiations the plan for 55 residential units was ultimately reduced to 51, with five affordable units. There are significant requirements in the special permit for design that will improve the site.

Vice Mayor Murphy read and submitted for the record a letter from Representative Alice Wolf (Attachment B) in support of the proposed amendment and a letter from Peter Daly, Executive Director of Homeowners’ Rehab, Inc. (Attachment C), owner of 808 memorial Drive, stating that the present zoning is appropriate.

Councillor Davis asked Mr. Barber what area the proposed amendment covers. Mr. Barber said it covers the riverside area from Magazine Street to River Street. The new restrictions would apply to two or three other lots, including 808 Memorial Drive. The purpose of the zoning amendments adopted three years ago was to discourage the development of a building that is not compatible with the parkway character of Memorial Drive.

Councillor Davis asked whether Nordic Properties’ special permit for its planned residential building would be affected. Mr. Barber said that the permit is still within the two-year window in which a building permit must be issued. He does not know whether a building permit has been issued, but it has been more than six months since the special permit was issued so the six month freeze which provides protection from a zoning change for six months from the date of issuance of the permit has expired. Thus, the residential building would be subject to the zoning changes in this proposed amendment if it were enacted.

Mr. August said that the proponents of the zoning amendment did not intend to affect the hotel’s current residential project. They understood that the special permit has already been issued and did not believe it would be affected by this petition.

Councillor Davis asked what the special permit required as a passive open space. Mr. Barber said that there is an approved landscape plan in which all or almost all of the parking has been removed. Mr. Rafferty said that all of the surface parking area became open space under the special permit. Councillor Davis said that she believes that the size of that area is about 50-75 square feet by 30 square feet. She stated that the amount of agreement between the property owners and the neighbors was very constructive but not perfect. Concern for view corridors, setbacks from the river, open space and protection of the riverbank from shadows remained after the zoning was amended and did not go away.

Councillor Maher asked whether there would be a way to exempt a building that has already received a special permit more than six months ago, for example, perhaps delay effective date on implementation.

Vice Mayor Murphy then moved to public comment.

Elie Yarden, 143 Pleasant Street, said that he wished some City Councillors had asked Mr. Barber to report on the public hearing. The problem with the City Council right now is the style of governing. He is most troubled about the interests of the City Council. The Ordinance Committee should determine first if there are seven votes to change the zoning and otherwise stop the charade.

Steve Kaiser, Hamilton Street, said that this zoning proposal consists mostly of deletions. It is clear that the petitioners have problems with the way the Planning Board allows special permits. He suggests removing all six special permits. He noted that at the State level, developers are seeking to get rid of all special permits. He finds it somewhat surprising to be on the same side as the developers on this issue.

Bill Boehm, 24 Rockingham Street, said that he is very conscious of development along the river and urged adoption of this proposal.

Elizabeth Torrey, 128 Pearl Street, spoke in support of the zoning amendment. She stated that she was very surprised to find out how easily the protections can be removed in the special permit process.

Alice Turkel, 12 Upton Street, stated that the river is a very special part of the city, and once there is development, it is lost. It is a one way street with no going back. It is time to look forward and say no more.

Judith Motchkin, 307 Pearl Street, spoke in support of the proposed amendment to the Zoning Ordinance to better protect the Charles River.

Deborah Knight, 380 Broadway, spoke in support of the proposed amendment to avoid canyonization of the Charles River.

Charlotte Karney, 41 Granite Street, stated that she agreed with Alice Turkel that you can never get back what you lose by inappropriate development along the river.

Decia Goodwin, 175 Chestnut Street, spoke in support of the proposed amendment.

Kathy Zusey, 202 Hamilton Street, spoke in support of the proposed amendment.

Carolyn Shipley, 15 Laurel Street, spoke in support of the proposed amendment.

Laura Kershner, 97 Henry Street, Ward 5 Committee, spoke in support of the proposed amendment.

Vice Mayor Murphy submitted the following motions:
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to report to the ordinance Committee on the effects that adoption of the proposed amendment to the Memorial Drive Overlay District would have on any existing special permit.
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the Ordinance Committee with a list of the properties that would be affected by the proposed amendment to the Memorial Drive Overlay District.

The two motions were passed on a voice vote without objection.

Councillor Seidel submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the Ordinance Committee with a long-term planning assessment of the area included in the Memorial Drive Overlay District and how the existing zoning dovetails with the long-term plans.

The motion was passed on a voice vote without objection.

It was agreed without objection that the petition for the proposed amendment to the Memorial Drive Overlay District would remain in committee.

Councillor Maher and Vice Mayor Murphy thanked all those present for their participation. Vice Mayor Murphy announced that the record would be held open until after the 5:00 p.m. hearing to allow additional testimony to accommodate any persons unable to attend a 4:30 P.M. hearing

The hearing was closed at 5:08pm. Further, public testimony was invited at 6:15pm after the 5:00pm hearing. There was none. The hearing was adjourned at 6:15pm.

For the Committee,
Vice Mayor Brian Murphy, Co-Chair
Councillor David Maher, Co-Chair

Committee Report #2
The Government Operations and Rules Committee held a public meeting on Dec 10, 2008 at 1:30pm in the Ackermann Room. The purpose of the meeting was to discuss the process to be used by the City Council to evaluate the City Manager.

Present at the meeting were Councillor David Maher and Vice Mayor Brian Murphy, Co-Chairs of the Committee; Councillor Sam Seidel; Councillor Timothy J. Toomey Jr.; Robert W. Healy, City Manager; D. Margaret Drury, City Clerk; and Sandra Albano, Assistant to the City Council.

Councillor Maher convened the meeting and explained the purpose. He said that the reason for taking up this issue at this time is that the City Manager’s contract expires at the end of August, and under the terms of the contract, if no notification is provided by either party by Feb 28, 2009, the contract is automatically extended for another year. Starting the process for evaluation and contract discussion at this time will ensure that the City Council has sufficient time to act before the Feb 28th deadline.

Councillor Maher told the committee that he and Vice Mayor Maher Murphy met with the City Manager to determine whether he was interested in remaining as City Manager. The Manager did not make up his mind immediately, but after taking some time to consider, Mr. Healy expressed a willingness to continue in this job. He expressed a desire to see the city through the completion of the large capital projects the city has undertaken, as well as through the challenges of the recession. Councillor Maher said that the two co-chairs then looked at the process that was used in the last City Manager evaluation and contract discussion and have drafted a motion for the committee to consider, based on the last process. Councillor Maher then expressed his gratitude and pleasure regarding the City Manager’s decision that he is willing to stay on.

Vice Mayor Murphy stated his agreement with Councillor Maher. He said that because of the City Manager’s leadership and especially his financial leadership, Cambridge has been able to weather some challenging funding cuts by federal and state government over the past few years and still safeguard its infrastructure and build a new library, police station and youth/community center. This recession will bring even greater challenges and he believes Cambridge will be much better positioned to meet these challenges with the help of Mr. Healy.

Vice Mayor Murphy and Councillor Maher then submitted the following motion:
WHEREAS: The City Manager's contract expires on Aug 31, 2009; and
WHEREAS: Pursuant to the contract, the City Council has to take action by Feb 28, 2009; and
WHEREAS: The Government Operations Committees over the past three reviews cycles has established a formal evaluation process; now therefore be it
ORDERED: That the City Council establish the following format and schedule:
* Members of the City Council shall schedule individual meetings with the City Manager to provide him with feedback as to his performance. Individual meetings shall be completed by Dec 31, 2008. An evaluation form shall be supplied to each member for the member to use or not use in the meeting as he or she chooses. The form may be filled out and given to the City Manager, filled out and used by the member as an aid to the discussion but not given to the City Manager, left blank and used as a guide for discussion, or not used at all.
* The Government Operations Committee shall schedule a public hearing to receive public testimony relative to the City Manager's performance and evaluation on Jan 7, 2009 at 5:30 p.m. in the Sullivan Chamber.
* At the City Council meeting held on Jan 12, 2009 the City Council shall consider the matter and take whatever action it deems appropriate.

Councillor Maher then invited public comment on the proposed motion.

Carl Barron, 620 Massachusetts Avenue, stated that he has been in the City of Cambridge for 92 years, and he has been here through all of the city managers that have served the City of Cambridge. Robert W. Healy has been the best city manager and has offered the best financial management. In these times the city needs strong financial management. He hopes that Mr. Healy is interested in remaining on as the city manager.

Denise Jillson, 2203 Massachusetts Avenue, executive director of the Harvard Square Business Association stated that she is delighted to hear that Mr. Healy is willing to stay on. She has had the opportunity to speak to people all over the country, and they are always surprised and envious of the financial stability and quality of life that Cambridge enjoys.

John DiGiovanni, 50 Church Street, president of the Harvard Square Business Association, stated his agreement with Ms. Jillson. Mr. Healy’s good leadership and good stewardship have allowed Cambridge to maintain high quality services as well as the financial stability and predictability needed for a sound business and commercial base.

Michael Brandon, 27 Seven Pines Avenue, requested that the Jan 7th Government Operations and Rules Committee hearing on the City Manager’s performance and contract be televised. He also urged the City Council to keep the current contract in effect until its termination date and the end of August and use the remaining six months to negotiate any new contract with Mr. Healy. Mr. Brandon also suggested that the City Council allocate funds to hire an attorney to represent the people’s interest and the City Council’s interests in the contract negotiations. He said that the City Council’s and City Manager’s interests do not coincide completely. Mr. Brandon also urged the City council to start to take actions to prepare for the day that the City Manager does retire or become incapacitated.

Councillor Seidel asked whether the Jan 12th in City Council date in the proposed motion would be a date for beginning negotiations or for voting on the terms of a new contract. Vice Mayor Murphy said that it could be a date for approving a new contract. Councillor Maher said that whatever action the City Council wants to take on Jan 12, 2009 will be up to the entire City Council, so there really is no answer to that question at this point. Councillor Seidel said that he would like to indicate a desire to have adequate time for contract negotiations, so he did not feel that he could support the proposed motion.

There being no further discussion, the question was called and the motion passed on a voice vote of three with Councillor Seidel voting no.

Councillor Toomey submitted the following motion:
ORDERED: That the Co-Chairs of the Government Operations and Rules Committee meet with the City Manager to discuss the terms of a contract prior to Jan 7, 2009.

The motion passed on a voice vote without objection.

Councillor Maher and Vice Mayor Murphy thanked those present for their participation. The meeting was adjourned at 2:07 PM on motion of Councillor Toomey.

For the Committee,
Councillor David Maher, Co-Chair
Vice Mayor Brian Murphy, Co-Chair

AWAITING REPORT LIST
08-41. Report from the City Manager:
RE: report on what process is being followed to develop programs for the new West Cambridge Community Center.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

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)

08-79. Report from the City Manager:
RE: report on how local construction lighting could be limited to the minimum necessary for safety.
Councillor Davis and Full Membership 06/02/08 (O-2)

08-100. Report from the City Manager:  See Mgr #3
RE: report on possible changes to regulations and operating procedures for traffic and motor vehicle use that could increase efficiency and fuel conservation.
Councillor Maher and Full Membership 07/28/08 (O-21)

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)

08-107. Report from the City Manager:
RE: report on ensuring that the responsibility of the developers for a safe crossing will be upheld by the MBTA and that plans will coincide with the vision of future development.
Councillor Toomey and Full Membership 09/08/08 (O-5)

08-108. Report from the City Manager:
RE: report on the position the City can take on altering the NorthPoint special permit now that the land swap is no longer necessary.
Councillor Toomey and Full Membership 09/08/08 (O-7)

08-109. Report from the City Manager:
RE: report on the progress of addressing rodent complaints and whether the number of complaints has increased or decreased.
Councillor Toomey and Full Membership 09/08/08 (O-8)

08-114. Report from the City Manager:
RE: report on examining options to make the parking lot and abutting sidewalk located along Linnaean Street at the corner of Mass. Avenue a safer place for non-vehicular traffic.
Councillor Seidel 09/08/08 (O-22)

08-119. Report from the City Manager:
RE: report on possible impacts of the new police detail regulations and on the City's reliance on detail work.
Councillor Kelley, Councillor Davis, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 09/22/08 (O-6)

08-121. Report from the City Manager:
RE: report on whether the new Berkeley, California program to give city-backed loans to property owners who install rooftop solar-power systems is applicable to Cambridge.
Councillor Seidel, Councillor Kelley and Full Membership 09/22/08 (O-16)

08-133. Report from the City Manager:
RE: report on whether there has been an increase of arrests of homeless persons or people in need of services in Central Square.
Councillor Reeves, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel, Mayor Simmons & Councillor Toomey 10/20/08 (O-14)

08-139. Report from the City Manager:
RE: report on the fiscal lessons from the budgets in the wake of the last recessions and implications for the next few budgets in Cambridge.
Vice Mayor Murphy, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 11/03/08 (O-11)

08-140. Report from the City Manager:
RE: report on the ownership of Fifth Street between Bent & Binney Streets and the ownership of Rogers Street from Fulkerson to Third Streets and ensure maintenance of these roadways.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-1)

08-141. Report from the City Manager:
RE: report on the possibility of awarding points to affordable housing applicants based on the number of times they've applied.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-5)

08-142. Report from the City Manager:  See Mgr #2
RE: report on installing a bus shelter at the bus stop on Mass Avenue where bus #77 stops en route to Porter & Harvard Squares.
Mayor Simmons, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Councillor Toomey 11/17/08 (O-12)

08-143. Report from the City Manager:
RE: report on landscaping plans for the CRLS project and on the impact to trees in the area of the project.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Councillor Toomey 11/17/08 (O-10)

08-144. Report from the City Manager:
RE: report on ensuring that all playgrounds adjacent to schools are in good, safe, working order on Monday mornings when children return to school.
Councillor Seidel and Full Membership 11/24/08 (O-1)

08-145. Report from the City Manager:
RE: report on restoration of Joan Lorentz Park.
Councillor Davis 11/24/08 (O-9)

08-146. Report from the City Manager:  See Mgr #4
RE: report on the rational for developing and implementing new parking sticker placement requirements.
Councillor Kelley and Full Membership 12/08/08 (O-4)

08-147. Report from the City Manager:  See Mgr #5
RE: report on the number of spaces in city-owned lots and garages that are designated for car sharing programs.
Councillor Toomey 12/08/08 (O-21)

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)

08-149. Report from the City Manager:
RE: report on a review of Article XXIV Special District Parking Regulation and on proposed remedies to residents' concerns who live in Harvard University dormitories and housing developments constructed after Oct 27, 2003.
Mayor Simmons and Full Membership 12/08/08 (O-8)

08-150. Report from the City Manager:
RE: report on how many businesses similar to Biogen have relocated some or all of their personnel from Cambridge-based offices, whether there is an indication that others will be leaving, and what the strategies are to keep businesses in Cambridge.
Mayor Simmons and Full Membership 12/08/08 (O-9)

08-151. Report from the City Manager:
RE: report on status of pedestrian access in and around Russell Field.
Councillor Kelley and Full Membership 12/08/08 (O-10)