3. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Zoning Petition which amends Article 8.000 of the Cambridge Zoning Ordinance.
Referred to Ordinance Committee and Planning Board 9-0

Jan 4, 2021
To the Honorable, the City Council:

I am writing to submit the attached Zoning Petition which amends Article 8.000 of the Cambridge Zoning Ordinance. The Law Department, along with the Community Development Department and Inspectional Services Department, have prepared this Petition to amend the Zoning Ordinance in order to comply with G.L. c.40A, §6.

A recent case from the Supreme Judicial Court (the “SJC”) has interpreted G.L. c.40A, §6 to provide special protections to lawful preexisting nonconforming single and two-family dwellings. Bellalta v. Zoning Board of Appeals of Brookline, 481 Mass. 372 (2019).

Specifically, the SJC held that if an alteration or addition to a lawful preexisting nonconforming single and two-family dwelling increases an existing dimensional nonconformity, but does not create any new dimensional nonconformities, the property owner is only required to obtain a special permit for the alteration or addition, and not a variance. This holding is limited to lawful preexisting nonconforming single and two-family dwellings. This holding is also in conflict with Article 8.000 of the Zoning Ordinance because presently in certain instances the Zoning Ordinance requires that a property owner obtain a variance for alterations or additions to a lawful preexisting nonconforming single and two-family dwelling, even where no new nonconformities are created.

As an example, if a single or two-family dwelling is lawfully preexisting nonconforming because it exceeds the allowable Floor Area Ratio (“FAR”) and the property owner has planned an addition that will further exceed the FAR but not create a new nonconformity, by law the Zoning Ordinance cannot require the property owner to obtain a variance to allow the addition. Rather, that addition requires the grant of a special permit and finding that the proposed additional will not be substantially more detrimental than the existing preexisting nonconforming structure to the neighborhood.

This Petition is necessary to bring the Zoning Ordinance into conformance with the SJC’s interpretation of G.L. c.40A, §6. The Law Department, Community Development Department and Inspectional Services Department will be available to discuss this Petition with you and with the Planning Board throughout the zoning amendment process.

Very truly yours,
Louis A. DePasquale
City Manager

---

In Article 8.000 Nonconformity, add a Section 8.22.2(d) that reads as follows:

d. In all districts the Board of Zoning Appeal may grant a special permit for the alteration or enlargement of a preexisting dimensionally nonconforming detached single-family dwelling or two-family dwelling, not otherwise permitted in Section 8.22.1 above, but not the alteration or enlargement of a preexisting nonconforming use, provided that there is no change in use and that any enlargement or alteration of such preexisting nonconforming detached single-family dwelling or two-family dwelling may only increase a preexisting dimensional nonconformity but does not create a new dimensional nonconformity. In order to grant the special permit the Board of Zoning Appeal is required to find that the alteration or enlargement shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood, and that the alteration or enlargement satisfies the criteria in Section 10.43.

4. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-72, regarding keeping Riverbend Park opened beyond Dec 27, 2020.
Placed on File 9-0

Jan 4, 2021
To the Honorable, the City Council:

In response to Awaiting Report Item Number 20-72, regarding keeping Riverbend Park opened beyond Dec 27, 2020, please be advised of the following:

As requested in the policy order, City staff reached out to DCR to discuss the possibility of this extension. Based on these discussions, DCR has indicated that it is not feasible to further extend the Riverbend Park closures of Memorial Drive from Fresh Pond Parkway to Western Avenue. Both DCR and the City agree that extending Riverbend Park beyond the normal mid-November end date and including both Saturdays and Sundays has been successful and well used, and has benefited the community. However, emerging resource constraints for DCR make it infeasible to continue this program beyond the end of 2020.

Going forward, we will continue to coordinate with DCR to determine if there are opportunities to make additional recreational opportunities available to Cambridge residents.

Very truly yours,
Louis A. DePasquale
City Manager

CHARTER RIGHT
1. Policy Order re: Covid-19 Vaccines. [CHARTER RIGHT EXERCISED BY COUNCILLOR ZONDERVAN IN COUNCIL DEC 21, 2020]
Adopted as Amended 8-1 (Zondervan - NO)

O-2     Dec 21, 2020  Adopted as Amended 8-1 (Zondervan - NO) on Jan 4, 2021
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
COUNCILLOR CARLONE
VICE MAYOR MALLON
WHEREAS: After a year in which the Covid-19 pandemic has left over 300,000 American citizens dead, there is finally reason for optimism as a number of pharmaceutical companies have rushed to develop vaccines that are now beginning to be shipped out to the country to begin a mass inoculation project; and
WHEREAS: Due to the unique challenges of creating, mass producing, and distributing a vaccine for over 300 million United States citizens in such a condensed time period, there will be no one singular vaccine distributed across the country, but rather a patchwork of slightly different vaccines, from numerous companies, that will be distributed; and
WHEREAS: There have been reports that some vaccines, such as those made by Pfizer and Moderna, have achieved effectiveness rates of over 90 percent in trails, while other vaccines, such as the one created by AstraZenica, have an effectiveness rate of 70 percent; and
WHEREAS: While many residents are anxiously awaiting the opportunity to become vaccinated, there are some among us – particularly people of color who have had historical reasons to be distrustful of the healthcare industry – who are less enthusiastic about receiving the Covid-19 vaccine, and who do wish to have some measure of assurance that any vaccine that is distributed in Cambridge is of the highest possible quality; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Director of the Public Health Department and report back to the City Council on what efforts are being made to ensure that only those vaccines with an effectiveness rate of 90 percent or higher will be utilized throughout the City of Cambridge.

TEXT OF ORDERS
O-1     Jan 4, 2021
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR TOOMEY
COUNCILLOR SIMMONS
WHEREAS: On October 21, 2019, the Cambridge City Council unanimously voted to ask the City Solicitor Home Rule Petition language for a Fire Cadet Program, as well as determine the feasibility of instituting and funding a Fire Cadet Program in Cambridge; and
WHEREAS: In Fall 2019, the Cambridge Police Department officially unveiled the Police Cadet Program, which is designed for Cambridge residents between the ages of 18-23 who are interested in pursuing a career in public safety that offers excellent salaries, benefits, and provides a meaningful way to serve our community; and
WHEREAS: The Police Department has seen an increase in Cambridge residency and diversity in the first class of the Police Cadet Program; and
WHEREAS: Members of the Cambridge Fire Department leadership and the fire safety team have expressed interest in creating a similar cadet program to provide a pathway into the Fire Department for Cambridge residents, as well as increase racial and gender diversity; and
WHEREAS: Members of the community have also voiced their desire to see a Cadet Program in the Cambridge Fire Department, providing an additional pathway for graduating high school seniors and college-aged residents to pursue a career in civil service; and
WHEREAS: The City of Boston was recently granted a Home Rule Petition to create a Fire Cadet Program; and
WHEREAS: Considering the work that has already been done to start a Fire Cadet program in Cambridge, it’s advantageous for the City Council to ask the Law Department to submit a Home Rule Petition as soon as possible; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Law Department to draft Home Rule Petition language for a Fire Cadet Program similar to the language used in the Police Department Home Rule Petition.

O-3     Jan 4, 2021
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
WHEREAS: Internet access is indispensable in the 21st century and a persistent digital divide in Cambridge has only been exacerbated by the COVID-19 pandemic; and
WHEREAS: The City Council has repeatedly expressed its commitment to improving digital access in Cambridge; and
WHEREAS: Next Century Cities (NCC) is a non-profit with the goal of helping cities realize the full power of truly high-speed, affordable, and accessible broadband, with a network of over 200 cities that work together and share ideas; and
WHEREAS: The principles that drive NCC - that everyone deserves fast, affordable, and reliable internet access – are shared by the City Council, and their commitment to helping Cambridge find the best path forward given its unique situation would benefit the Council’s work in pursuing municipal broadband; and
WHEREAS: More than 200 municipalities across the country are members of the network, including Boston and seven other Massachusetts municipalities; and
WHEREAS: NCC membership costs nothing, does not obligate a municipality to take any specific action, and provides resources and support for municipalities interested in digital equity and accessible broadband; now therefore be it
RESOLVED: That the Cambridge City Council formally expresses its interest in joining other cities actively pursuing digital equity and internet access by signing up for Next Century Cities.

O-4     Jan 4, 2021
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
WHEREAS: The COVID-19 pandemic has hit families in Cambridge Public Schools acutely, with school closures affecting every family and all staff, leading to the most challenging educational environment in memory; and
WHEREAS: There has been an explosion of information on how the coronavirus is transmitted, what measures are effective at limiting the danger of transmission, and how to contain the spread such that epidemiologists now understand much more than was known over the summer; and
WHEREAS: Evidence is mounting on the harm done by extended complete school closures and remote learning for many students, with growing concern about the adverse impact on low-income students and vulnerable populations including students with disabilities and special education needs; and
WHEREAS: The Cambridge School District is one of the most highly resourced in the Commonwealth, and the City Council has approved additional resources to ensure the safety of staff and students, and the district has improved ventilations systems in schools, monitored air quality, consulted with experts on ensuring the safety of all and has a comprehensive protocol in place to assure the health of all; and
WHEREAS: Cambridge Public School leadership has held meetings with experts to review appropriate metrics to determine when schools may be safely opened for all students who want to be in person for as much time as possible and revised metrics are under discussion by the School Committee; now therefore be it
RESOLVED: That the City Council go on record supporting the School Committee in aligning School opening and closing with the “Schools and Path to Zero” framework with the goal of opening up all schools for in person learning, and supporting all efforts to include as many students as practically possible for at least some in person learning, with the goal of full time in person learning as soon as it can be done safely; and further be it
ORDERED: That a copy of this resolution be forwarded to the School Committee upon passage.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Economic Development and University Relations Committee will conduct a public hearing to discuss challenges and opportunities that exist in City purchasing, procurement and programs for MWBEs and other historically disadvantaged businesses and non-profits in Cambridge.

Date: Thurs, Nov 19, 2020, 2:00pm, Sullivan Chamber

Members Present: Alanna Mallon, Patricia Nolan, Jivan Sobrinho-Wheeler, Timothy J. Toomey, Quinton Zondervan
Also Present: Simmons, McGovern

Present via Zoom were Councillor Nolan; Councillor Sobrinho-Wheeler; Councillor Zondervan; Councillor Simmons; Councillor McGovern; Mayor Siddiqui; Iram Farooq, Assistant City Manager for Community Development; City Solicitor Nancy Glowa; Pardis Saffari, Senior Economic Development Manager; Elizabeth Unger, Purchasing Agent; Betsey Allen, Director of Equity and Inclusion; Lisa Hemmerle, Director of Economic Development; Christina DeLisio, Associate Economic Development Specialist; Claire Spinner, Chief Financial Officer of the Cambridge Public Schools; Wanda Colon-D’Angelo, Director of State Certification at the Supplier Diversity Office; Dmitriy Nikolayev, Director of Policy, Programs and Reporting at the Supplier Diversity Office; William McAvoy, Deputy Assistant Secretary for Supplier Diversity, Small Business & Compliance & Chief Legal Counsel; Zelpha Bennett, Operational Services Division Trainer; Nicola Williams; Segun Idowu; Suzanne Blier; Andree Entezari; and Angela Hofmann.

Vice Mayor Mallon convened the hearing and welcomed all present. She read the Governor’s Order regarding remote participation and the Call of the Meeting. She requested a Roll Call to indicate a quorum for the hearing.

Vice Mayor Mallon read from a prepared written statement (ATTACHMENT A). She said that this meeting is this meeting is to discuss the challenges Minority and Women Owned Businesses and Enterprises (MWBEs) face in operating in the City and where there are places to support this important sector of our economy. MWBEs a generally accepted term, but that they are speaking about all historically disadvantaged businesses, such as those owned by persons with disabilities or LGBTQ+ folks.

She said that MWBEs face steeper climbs when starting or running businesses, and that municipalities must help with those challenges through targeted efforts, like a sheltered market program, grants, vendor fairs, technical support, resource connection, and more. She hoped that the team from the state can touch on recent news that the Governor is reorganizing the Supplier Diversity Office (SDO) to be part of his team rather than part of the Operational Services Division (OSD) starting next July. That would give SDO more autonomy and a bigger budget for additional staff. There is also a proposal to increase the evaluation percent of state bids to count for 25%, up from 10%, based on the MASSport model. She said that these moves are part of a larger movement around recognizing that the state and municipalities spend a lot of money, and not enough of it is flowing into our MWBEs.

Vice Mayor Mallon moved to public comment.

Nicola Williams, Brewer Street resident, stated that she is representing the Cambridge and Somerville Black Business Network. She asked for clarification of page 8 of CDD’s PowerPoint presentation on whether the Cambridge minority enterprise program only applies to the construction industry. While state certification helped her business, it doesn’t benefit all businesses, so she hopes that this is just the beginning of a conversation that goes deeper. She shared 11 action items identified by the Cambridge and Somerville Black Business Network that would help uplift MWBEs. A written communication was received from Ms. Williams (ATTACHMENT B).

Segun Idowu, 2:11pm. He is the Executive Director of the Black Economic Council of Massachusetts (BECMA), which has 350 members across the state. He emphasized the importance of having data, setting goals on doing business with MWBEs, and holding City staff accountable in meeting or exceeding those goals. The City must partner with organizations like BECMA to ensure they can connect their business members to opportunities in case the City isn’t reaching them directly. The City must ensure there are necessary resources, like technical assistance and others, and that the City is reporting these resources publicly.

Suzanne Blier, 5 Fuller Place, 2:14pm. She said engagement is critically important, especially during the time of a pandemic, where we’re given the opportunity to think from the ground up. There are contexts in which we can use this to our advantage in supporting and promoting small businesses. It is critical to not think in a zero-sum game perspective, and promoting, amplifying, and supporting each neighborhood and business square. She said that we should take the opportunity to go to vacant property owners and set goals using those spaces.

Andree Entezari, 83 Putnam Avenue, 2:16pm. He is working with a campaign promoting permits for at-home food entrepreneurs. These permits give food entrepreneurs the ability to make food in their kitchens at home and sell those goods at farmers markets and other fairs, utilizing resources people already have. Minority businesses are more likely to lack access to capital, and this is especially timely as we are in a pandemic, as minority businesses, especially in food spaces, are suffering. To them, these opportunities are crucial.

Angela Hofmann, 2:18pm. She is the small business owner of Nussli118 in North Cambridge. She has received grants from the City and gotten orders from the City’s diversity directory, but she has had difficulty in getting her business up and running. Establishing a storefront in Cambridge is really difficult because of zoning regulations, and as a Cambridge resident, she couldn’t work out of her home to establish a base before opening a storefront. This creates high hurdles that people can’t rise over, and she hopes to see action in eliminating these hurdles.

Councillor Toomey made a motion to close Public Comment. The roll was called and resulted as follows:
YEAS: Mallon, Nolan, Sobrinho-Wheeler, Toomey, Zondervan - 5
ABSENT: - 0
and Public Comment was closed.

Vice Mayor Mallon recognized that, in addition to the Committee members, Councillor Simmons and Councillor McGovern were also in attendance. She asked the team from the state to introduce themselves.

William McAvoy, Wanda Colon-D’Angelo, Dmitriy Nikolayev, and Zelpha Bennett gave a summary of their PowerPoint presentation of the Supplier Diversity Office of the Operational Services Division (ATTACHMENT C).

Vice Mayor Mallon thanked them for the presentation and noted that it can be found on the Open Meeting Portal. She recognized that Mayor Siddiqui had joined the meeting.

Lisa Hemmerle, Pardis Saffari, Elizabeth Unger, and Betsey Allen, gave a summary of a PowerPoint presentation by the Community Development Department (ATTACHMENT D).

Vice Mayor Mallon thanked them for the presentation and invited the City Councillors to ask questions.

Councillor Nolan said she appreciates the thoroughness of the presentations. Re: the state trying to increase monitoring on compliance, what are the lessons we’ve learned on compliance as these programs have been in place? William McAvoy said that they are creating a compliance unit within the SDO. Certain other state departments that do construction already have compliance units for those complex construction projects. He stated that SDO’s current compliance efforts have been done internally with staff. Dmitriy Nikolayev established a program a year and a half ago to check statewide contracts issued by OSD and perform sampling of high-risk contracts. They may contact diverse business partners used by state prime contractors to confirm amounts spent with them. Once the SDO becomes an independent agency and they receive funding for Fiscal Year 2022, his hope moving forward is to create a compliance unit focusing on compliance with contractors using certified firms, and the agencies that are spending the money. Councillor Nolan noted she ran two certified women-owned businesses many years ago and that encouraging, and monitoring certification is complex.

Vice Mayor Mallon asked City staff to speak on what data it keeps, and how it is publicly transparent on how it meets the goal of 10% of bids going to minority-owned construction subcontractors. She stated that the upcoming Tobin School renovation costs $230 million, which would infuse $23 million into minority-owned businesses. Betsey Allen answered that they are required to keep weekly certified payroll at the prevailing wage rate, and that ensures the contractors are hiring minorities. They can also conduct site visits to physically confirm that. City-wide, they’re looking to take advantage of the open data portal, and there may be an opportunity there for the City to add that data to the open data portal. She would be interested in discussing this further with the City’s communications team, and she is open to suggestions. Councillor Nolan applauded her efforts, and restated that it’s critical to support entrepreneurs across the board.

Councillor Toomey thanked the presenters. He said that, as we talk about becoming a City vendor and doing marketing to increase awareness about it, he wonders if there’s been any outreach to the high school and to charter schools that have large populations of minority and women students. He said that it could be a presentation saying that this could be a career opportunity to plant a seed of interest. He also wondered about doing outreach to the YWCA and to faith organizations with large minority and women populations to get the word out more. Lisa Hemmerle stated that there have been conversations on how to better reach out to internal City departments to ensure we’re promoting MWBEs. They are building on lessons learned from their COVID-19 Recovery and Relief Grant program and those outreach efforts in case there is additional funding in the future. They are working with community organizations to ensure they are aware of their programs, and that even if it is not with a church directly, it would be with the members of the church directly. Councillor Toomey responded that churches have different activity committees, and that after the pandemic is over, the City could give presentations to those committees promoting these kinds of programs.

Vice Mayor Mallon stated that Claire Spinner, Chief Financial Officer for the Cambridge Public Schools, was at the meeting and could answer school specific questions.

Councillor Sobrinho-Wheeler thanked the presenters. Re: the requirement for City construction contractors to subcontract 10% of the bid price to minority-owned businesses, is that just for construction bids? Is there an opportunity to expand that beyond just construction to other types of contracts? Betsey Allen confirmed that it is just for construction bids due to the restrictions of state purchasing laws, but it is an opportunity for minority-owned businesses to earn quite a bit of money. Councillor Sobrinho-Wheeler asked if it is a state law that is preventing the City from expanding this requirement to other types of contracts? Elizabeth Unger clarified that there are three different state regulatory scenarios for purchasing. Chapter 149 regulates construction, Chapter 39M governs horizontal construction projects like street paving, and Chapter 30B governs supplies and services. There are different requirements for each, and Chapter 30B requires the contract to go to the responsible and responsive vendor offering the lowest price once the monetary threshold requiring a competitive bid process is reached. She stated that the City has the most flexibility in contracting with MWBEs is when the contract is under $10,000, allowing the City to operate under sound business practices under Chapter 30B, which entails periodically checking price lists to ensure the City is getting a good price.

Councillor Zondervan stated that he does not have any questions, but that he appreciates the hard work that has been put into this effort. He recognized the challenging constraints that our state laws put into place, and that we have to work hard to find ways around the laws and to improve the laws so we can do more.

Vice Mayor Mallon invited non-committee members to ask questions. Of the initiatives listed on page 9 of CDD’s PowerPoint presentation, there is an initiative of promoting state online workshops. What about workshops on how to register with the state, how to get people up and running? Are there plans for workshops in that area? There is more flexibility with using OSD certified vendors because we can use a best value determination and we could put a value on diversity, but there is some anxiety about getting registered with them. Pardis Saffari answered that OSD offers several different trainings for those looking to get certified by the state, and what they should do to apply for a bid once certified. They are interested in replicating what the state has done for state projects on the local level. She stated that in the past the City has conducted pre-certification workshops, which is a requirement for businesses applying for certification, and will look to promote the online versions of those to Cambridge businesses.

Vice Mayor Mallon asked for confirmation that procurement using an OSD certified vendor allows the City to use a best value determination that includes placing value on diversity. Elizabeth Unger stated that OSD procures their contracts competitively on the state level, and that the City can, if seeking quotes from vendors authorized under OSD contracts, place a higher value on a diverse vendor that may be a bit more expensive, over a lower-priced vendor who is not part of a disadvantaged group.

Vice Mayor Mallon stated that it seemed one of the City’s best options is to ensure our MWBEs are certified with OSD and applying for those competitive procurements so we can use them more flexibly. Zelpha Bennett asked to expand on trainings to support vendors. All of their trainings are being offered virtually, and there is a link on the last slide of the Supplier Diversity Office of the Operational Services Division PowerPoint presentation to their current training calendar. Live webinars and some prerecorded videos are available for businesses interested in contracting with the state or the City. She is available to help businesses get up to speed and support vendors. William McAvoy stated that all OSD procurements are best value procurements, and municipalities can use OSD contracts. He said that in addition to diverse businesses having OSD contracts themselves, all contracts must have a supplier diversity plan, including those from non-diverse contractors. If, for example, a contractor commits spending 20% of their project spending to a diverse business, you can count on 20% of your spending going to a diverse subcontractor. OSD has an index of contracts that will note if a business is diverse.

Vice Mayor Mallon stated she is confused about the state having different regulations for itself and for municipalities under Chapter 30B. She stated that there is an opportunity to have a sheltered market program under Chapter 30B that would allow more flexibility. What would the process be for implementing a sheltered market program here in Cambridge? Elizabeth Unger explained that Section 18 of Chapter 30B addresses sheltered markets and authorizes municipalities to set aside a contract or a type of contract to be directed towards disadvantaged vendors. It is an extremely complex process that requires a legal analysis, and the City Solicitor would know how to best implement a sheltered market in compliance with the requirements. Elizabeth Unger stated that she has reached out to the state, but they have not opined on this, so municipalities must turn to their legal counsel for specific guidance.

Vice Mayor Mallon asked if there are other municipalities using sheltered market programs for disadvantaged vendors currently? Would it be possible to reach out to those communities? Elizabeth Unger responded that she is not aware of any that currently have a sheltered market program, but she will cast a wider net in reaching out to other communities’ procurement officers. Vice Mayor Mallon asked if there is a monetary threshold for sheltered market programs, or would the City set it? She stated that the City has more flexibility with contracts under $10,000, while contracts between $10,000 and $50,000 are more restrictive, but if we truly want to create equity in the system, we need to be talking about bigger dollars. Elizabeth Unger deferred to the City Solicitor for a deeper legal analysis but noted that she did not see a number jumping out. City Solicitor Glowa stated that she does not have anything further at this time but would be happy to do some research and get back to the Committee.

Vice Mayor Mallon stated that, at the state level, diversity can be weighted 10% in procurement currently, and they are looking to increase it to 25%. Is it allowable for the City to put this weight on diversity in procurement? Elizabeth Unger responded that under a $10,000 threshold, the City has great flexibility to go to any vendor. If a department was making a conscious effort to reach out to MWBEs, we could do that legitimately under sound business practices. At higher monetary thresholds, we have to go with the responsive, responsible vendor that offers the lowest price as we look for quotes or enter into a sealed bid process. For contracts over $50,000, we typically use a sealed bid process, but we sometimes use a proposal process where we weight various criteria. Diversity could be one of the criteria, but it would be a small component of any RFP, and she is not sure how effective that would be in awarding more contracts to MWBEs.

Vice Mayor Mallon stated that one public commenter asked about data, and how we keep track of the amount we spend with MWBEs in relation to our total budget spending. She said that she knows the City tracks money spent with minority businesses on construction, but do we track the amount the City spends with MWBEs? Does the City have a spending goal for MWBEs in procurement? Elizabeth Unger said that the Purchasing Department does not currently track what they spend with MWBEs, but they are working with the Community Development Department (CDD) and IT to create a system to track that spending. There is not a set goal on spending for goods and services. Vice Mayor Mallon said the Committee should discuss what the spending goal should be.

Councillor Nolan said she wants to build on Councillor Toomey’s questions on outreach to young entrepreneurs. The Possible Project, which operates in Cambridge, has done a fantastic job in creating a pipeline of young entrepreneurs, mostly young people of color or those with low-income backgrounds. She asked if the City has thought about conducting a disparity in spending study? Boston started their own study a year ago. Councillor Nolan’s understanding is if the City conducts a study and find disparity in its procurement process, that would allow the City to create its own procurement processes that are not as limited by Chapter 30B. William McAvoy stated he is only aware of Boston performing a spending disparity study. For state agencies, the Division of Capital Asset Management completed a disparity study and issued new goals this past July. Re: data, SDO has worked with other entities and can work with the City to offer data analytics assistance, comparing the City’s spend to others their database, and helping them how much spending has been done with diverse businesses. Councillor Nolan said that a spending disparity study might be something to consider if it could help the City move towards its goals.

Re: diversity directory, Vice Mayor Mallon stated that it will be done by the end of the year. It is just a PDF without live links. Is it going to be in a different format that can be more easily utilized by users to connect them to businesses? Pardis Saffari said that they have looked into adapting the directory beyond a PDF. They also asked Cambridge’s top 25 employers to note whether they would be interested in doing business with MWBEs while completing a survey, to make those connections and provide them with the directory. Christina DeLisio said that they have worked with the IT Department to develop a new intake tool using the SmartSheets program. It allows them organize data on the back end and take the back-end data to present the data in a forward-facing way that is clean, easy to use, and highly searchable. The final product will look like the current list of businesses that are open or closed because of COVID, which allows people to search by keyword and according to a lot of different fields. Vice Mayor Mallon thanked her for this work with Cambridge Local First to ensure the diversity directory is dynamic and easy to use.

Vice Mayor Mallon stated that Boston’s spending disparity study uncovered a stark difference in Boston’s spending with MWBEs and non-MWBEs, and it started a conversation on how to address it. You need data in order to do a study, and it sounds like the work to collect that data is underway so we could eventually do a disparity study and direct our efforts there. Re: transparency on where construction dollars are being spent, she loves the idea of putting the information on the Open Data Portal so people can see in real time where and how we’re spending our money, and how much money is going towards disadvantaged enterprises. Vice Mayor Mallon wants the Committee to think about what kind of goals to set on a percentage of City dollars to be spent with MWBEs. The City spends a lot of money, and it should be uplifting and supporting our MWBEs in Cambridge.

Vice Mayor Mallon made the following motion:
ORDERED: That the City Manager, City Solicitor, and Purchasing Department confer to provide a report on the possible implementation of a sheltered market program here in Cambridge.

Vice Mayor Mallon said it would be impactful to see what it would mean, what it would entail, what the process would be, and how it would support our MWBEs. It could be a powerful tool in the City, and she applauds the Purchasing Department, the Community Development, and the Office of Equity and Inclusion for their dedication in finding creative solutions and creating new initiatives. Some of the ideas seem so simple but will make a lasting impact.

The roll was called and resulted as follows:
YEAS: Mallon, Nolan, Sobrinho-Wheeler, Toomey, Zondervan - 5
ABSENT: - 0
And the motion passed on the affirmative vote of five members.

Vice Mayor Mallon thanked the staff from OSD for providing an overview of what procurement looks like at the state, and how we can empower MWBEs to register and take advantage of state-level resources.

On a motion from Councillor Toomey to adjourn the hearing, the roll was called and resulted as follows:
YEAS: Mallon, Nolan, Sobrinho-Wheeler, Toomey, Zondervan - 5
ABSENT: - 0
The hearing adjourned at 3:50pm.

I. Discussion

1. A communication was received from Assistant City Manager, Community Development, Iram Farooq, transmitting an overview of current WBE/MBE programs from.

2. A communication was received from Pardis Saffari of the Cambridge Community Development Department, transmitting the Commonwealth’s Operational Services Division Presentation.

II. Adjournment

Proposed Order     Jan 4, 2021
VICE MAYOR MALLON
ORDERED: That the City Manager, City Solicitor, and Purchasing Department confer to provide a report on the possible implementation of a sheltered market program here in Cambridge.

Committee Report #2
The Public Safety Committee will meet to discuss the Cambridge Police Department's Use of Force Policy and related matters.

Date: Tues, July 7, 2020 1:00pm, Sullivan Chamber

Members Present: Dennis J. Carlone, Alanna Mallon, Marc C. McGovern, Jivan Sobrinho-Wheeler, Quinton Zondervan (Chair)
Also Present: Siddiqui, Nolan

Councillor Zondervan called the meeting to order. He then opened the floor to public comment.

Ilan Levy, 148 Spring Street, stated his hope that the council could actually discuss defunding the police while keeping in mind that this is not a discussion about people but about a system that is at its root racist. He stated that the police are by definition enforcing and policing that systemic racism. He said he hopes that we can find a solution that actually takes away from the oppressive, systemic white privilege that is ingrained in the police system we have. He stated that he is looking forward to a productive discussion and something innovative which can actually help others who don’t have the financial resources that Cambridge has.

Kim Courtney, 39 Cedar Street, stated that use of force takes on many forms of abuse of power, not just physical. She stated that intimidation tactics in violation of the civil rights of Cambridge citizens constitutes the use of force. She stated that Commissioner Bard uses his position on the liquor license board as a tool to abuse his power.

Councillor Zondervan interjected to remind the speaker to only discuss matters related to the Call to Order of the meeting.

Ms. Courtney stated that this was indeed about the use of force and accusing law-abiding citizens of having committed crimes and penalizing their business based on made up/unwritten laws, in violation of their civil rights and purely for the purpose of harassment and intimidation. She stated that Commissioner Bard has proven that he is not worthy of his position.

Xavier Dietrich, 39 Cedar Street, stated that Commissioner Bard should be fired before Councillor Zondervan interjected to remind the speaker to only discuss matters related to the Call to Order of the meeting and to avoid using personalities. When Mr. Dietrich continued to discuss matters unrelated to the Call to Order, his microphone was muted, and the rest of his time was forfeited.

Councillor Zondervan moved to close public comment.
Yea: Carlone, Mallon, McGovern, Sobrinho-Wheeler, Zondervan
Result: 5-0

Councillor Zondervan welcomed Mayor Siddiqui and Councillor Nolan.

Councillor Zondervan stated his belief that the Use of Force Policy document does not encompass all uses of force. He said it would be helpful to have a single, consolidated document. He also noted that Commissioner Bard had since issued an amendment modifying one of the policies, which has been incorporated into his analysis.

Councillor Zondervan opened the floor to Richard Harding, 189 Windsor Street, community member and former School Committee Member.

Mr. Harding stated that Cambridge has an opportunity to look at its policing. The City should keep what is working and remove what is not working. He stated that Cambridge has done a better job at addressing policing than other parts of the country, but many residents are not comfortable with police. He stated that Cambridge could be a national leader on police reform.

Mr., Harding stated that the current Police Commissioner is positioned to be able to accept and implement reforms. He believed that the Commissioner embraces this challenge and that the community wants transformative change. He stated that restructuring what the police do, and their resources is germane to the conversation.

In response to a question from Vice Mayor Mallon about no-knock warrants, Commissioner Bard stated that, in Massachusetts, prior to gaining entry or being able to execute a search warrant, police are required to knock and announce their identity and their purpose, giving a reasonable amount of time for a response. He says that under certain conditions police may forgo that knocking if weapons are on a premise to be searched, if there’s a proven history of violence for the person present, if the likelihood of escape of the person will be triggered, or if there’s imminent destruction of evidence. He stated that he provided input regarding a bill currently being considered by the legislature to ban no-knock warrants in Massachusetts. He suggested that the bill include an exception when an officer’s safety is in danger.

Vice Mayor Mallon stated that no-knock warrants have received a lot of attention lately because of the death of Breonna Taylor and the fact that there was a no-knock warrant used in her case. She stated that it is important for state and local governments to take every action necessary to prevent similar incidents from occurring.

The vice mayor stated that officer safety is a very broad category. She asked for suggestions about how to appropriately limit its application.

Commissioner Bard said that banning no-knock warrants will not prevent another Breonna Taylor from happening. He stated that as long as humans are involved, these tragic mistakes can happen. He stated that where there is fresh and actionable intelligence that weapons are on the premise and that they will be used against law enforcement a no-knock warrant should be permitted.

Samuel Sinyangwe, co-founder of the Campaign Zero Police Scorecard, stated that police reform includes shrinking the role of the police. He said that experts, not police should be responding to situations like mental health crises, homelessness, substance abuse and other social ills.

Mr. Sinyangwe said that there is very little research on how you address issues like police violence in general. The most solid research suggests that police departments that adopt more restrictive standards for use of force are less likely to shoot people and less likely to kill people. Campaign Zero Police Scorecard has eight policy restrictions on the use of force that it recommends police departments adopt. The Cambridge Police department policies already align with six of the recommendations.

Mr. Sinyangwe said that the first policy requires police officers to exhaust all alternatives available to them prior to using deadly force. He said that the Cambridge Police Department does have this policy in place. Mr. Sinyangwe said that similarly, the Cambridge Police Department has in place a policy requiring officers to give a verbal warning before using deadly force. He said that in the deadly force section of the policy it says when practical, prior to discharging a firearm, officers shall identify themselves as law enforcement and state their intention to shoot.

Mr. Sinyangwe said that similarly, there is a ban on chokeholds and strangleholds. He said that while only about 28 of the hundred largest cities have this ban in place, the Cambridge Police Department does have a ban that covers both chokeholds and carotid control holds, otherwise known as strangleholds, which block the blood flow to the brain.

Mr. Sinyangwe said that the fourth policy requires comprehensive reporting. He said that one of the areas that is least often reported by cities is when an officer points a firearm at somebody without discharging it. He said that the Cambridge Police Department does have a comprehensive use of force reporting policy that includes both pointing firearms as well as weapon lists and force involving weapons.

Mr. Sinyangwe said that the fifth policy restricts the higher levels of force to the most extreme situations and clearly defines what types of tactics and tools can be used in particular situations. He said that Cambridge Police Department has an overall use of force policy that's fairly general, but it also has specific policies around the use of OC spray or pepper spray, and less lethal impact munitions. He said that these policies could probably be strengthened, with more specific guidance around the level of resistance or threat that could justify particular types of force.

Mr. Sinyangwe said that the sixth policy that the Cambridge Police Department has is a duty to intervene. He said that this is a recently adopted policy which requires officers to intervene when they witness another officer using excessive force.

Mr. Sinyangwe recommended a ban on shooting at people in moving vehicles. He said the best practice policy recommendation in this area is either a categorical ban on all shooting at people in moving vehicles or a restriction that deadly force can only be authorized at a moving vehicle when a person is using deadly force against an officer or a civilian, by means other than the vehicle. He said that the research is clear that shooting at moving vehicles is one of the most dangerous tactics that a police officer can use.

Mr. Sinyangwe stated that the Cambridge Police Department's current Use of Force Policy allows officers to shoot at moving vehicles when the occupants of the vehicle are using it to employ or exert deadly force against the officer or another victim.

Mr. Sinyangwe recommended de-escalation. He said that 44 out of the hundred largest cities in the US have a policy explicitly requiring officers to use de-escalation prior to using any type of force. He said that in the Cambridge Police Department Use of Force Policy, there is no mention of de-escalation.

Commissioner Bard responded that in the Cambridge Use of Force Policy, due to the risk of injury to innocent bystanders, it is strictly prohibited to shoot at a fleeing vehicle or at a vehicle that is going away from the officer and is no longer an immediate threat. He stated that officers must be mindful that a bullet may be unable to penetrate a metal or glass surface of an automobile, resulting in ricochet and injury to innocent people. Commissioner Bard stated that he intended the policy to account for a situation in which a person rammed a vehicle into a crowd of people with the intent to do harm. Commissioner Bard referenced several portions of the use of force policy that require de-escalation.

In response to a question from Councillor Zondervan about the use of force document Commissioner Bard stated that it would be impossible to put everything into a single document. Instead there is a main Use of Force Policy (400.01) and then there are individual policies for things like use of the baton and OC spray, which fall under the umbrella of the main policy.

Councillor Zondervan encouraged the Commissioner to find some way to consolidate the policies into a single document, potentially by reference.

Commissioner Bard said he could provide all of the use of force policies.

In response to a question from Councillor McGovern about clearly stating the policies, Commissioner Bard said that the policy is already clearly stated. He says it requires officers to use only the least amount of force and it does require de-escalation. He will add the language in the overarching policy.

Councillor McGovern encouraged the Commissioner to make the use of force policies clearer. He stated that he struggles with how to best craft policies that allow flexibility but also hold the police accountable.

Councillor Sobrinho-Wheeler also encouraged the Commissioner to add de-escalation to the overarching policy. He also questioned the wisdom of allowing police to shoot at vehicles driving through crowds.

Mr. Sinyangwe said the NYPD prohibits officers from shooting at moving vehicles but that the prohibition will be reviewed on a case by case basis in the instances where there is a vehicle ramming attack, defined as a vehicle attempting to cause multiple casualties. He said the current Cambridge Police Department pepper spray policy first says that officers can employ pepper spray if necessary, and then the next step in that continuum, is to de-escalate. He said that other policies do not require officers to deescalate situations whenever possible, it merely asks them to consider a range of options. He says that even a generous reading of all of the policies does not entail a de-escalation requirement in all situations whenever possible.

Councillor Carlone encourages the Commissioner to draft a memo that clearly explained the use of force policy for the public.

Commissioner Bard said that Cambridge already has New York's policy on banning shooting at moving vehicles. He said he had been trying to explain that they had been looking to edit that policy even further to make sure that officers can't create the urgency by jumping in front of a moving vehicle, and then using that as a justification. He said he was just trying to explain why that additional change wasn’t made, even though they were looking to incorporate the new phenomena.

In response to a question from Councillor Zondervan about explicitly forbidding the force used against George Floyd, Commissioner Bard explained that officers are prohibited from choke holds regardless of body position.

Councillor McGovern encouraged the council to view the training that police officers actually receive.

Mr. Harding challenged the Commissioner to understand that part of this is about restoring the confidence in the police. He described several troubling interactions between police and members of the public.

Commissioner Bard stated that accountability starts from the top down. He said that officers are subject to departmental violations and criminal liability and penalties if they are found to have falsified documentation. He said that anyone who is found to have done that will be submitted to the District Attorney's office for criminal review.

Superintendent Elow said the police department has done a lot of training on procedural justice and legitimacy to address the question of what should happen when someone questions the authority of an officer. She explained that use of force reports have to go through many layers of supervisory approval before internal affairs, which looks at who is having a difficult time de-escalating situations and resorting to force or arrest for low level offenses. She said that police do not want to be using force when it comes to people in crisis calls, they need to get people the help they need and then follow up to make sure they are okay and not in crisis.

Commissioner Bard said he doesn’t want anyone to rest on his word with respect to 8 Can’t Wait because it is important to incorporate the voice of the advocates, whether it be the ACLU or Mr. Sinyangwe. He said that assuming Mr. Sinyangwe is amenable to it, he will reach out to him after the meeting and make sure he is given an opportunity to review what is being proposed to see if it is in line with what Campaign Zero is suggesting. He said he always welcomes the advocates voice because it helps him put out a better and more trustworthy product.

In response to a question from Councillor Zondervan about how use of force incidents are investigated, Superintendent Elow explained that after a use of force incident, a supervisor is required to respond. She said that every officer that was present has to fill out a use of force report whether they used force or just witnessed it. She stated that reports are reviewed by the shift commander, the deputy superintendent, the superintendent, professional standards, and then a deputy superintendent does the final signoff before it goes to the commissioner. She said that every single use of force or arrest that we have goes through that process. She said they look for officers who have a difficult time defusing situations which result in low level arrests like disorderly conduct. She said those are trigger arrests that make them ask what is going on.

Councillor McGovern encouraged the Commissioner to publish as much information as possible about how officers are held accountable for violating policies.

Commissioner Bard says the police department utilizes software that acts as an early warning system and the department can set certain thresholds. He said if he sets the threshold at three complaints, then any combination of use of force by and complaints against a police officer that adds up to three would trigger a review of an individual’s activity. He said he can remember doing that on at least two occasions.

Councillor McGovern encouraged the Commissioner to share as much data as possible with the public in order to build trust.

Vice Mayor Mallon encouraged the Commissioner to include more transparency in the process so that members of the public could understand how officers are being held accountable.

Commissioner Bard stated that the Police Department publishes an annual report as to the use of forces that were generated in the department. He explained that the most recent report is not complete because the position that completes the report has not yet been filled.

Superintendent Elow said that the department has to make it as easy as possible to file a complaint against the police whether it involves an arrest, a use of force, or an interaction on the street. She said that the Police Review and Advisory Board link is right on the Police Department’s website. She says they take complaints anonymously, and they encourage people to report bad interactions with Cambridge police officers.

Councillor Sobrinho-Wheeler stated that there is an issue that a person who files a complaint does not get informed of the outcome.

Councillor Zondervan questioned the need to have police respond to quality of life issues in the community.

Councillor Zondervan moved to adjourn
Yea: Carlone, Mallon, McGovern, Sobrinho-Wheeler, Zondervan
Result: 5-0

1. A communication was received from Councillor Zondervan, transmitting a memorandum regarding Policy and Procedures No. 400.1, Use of Force.

2. A communication was received from Councillor Zondervan, regarding Funding our Community, Transforming our Policing.