Cambridge City Council meeting - April 3, 2023 - AGENDA
CITY MANAGER’S AGENDA
1. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following persons as Constables With Power for a term effective January, 2023: Omar Mejia. (CM23#87)
Placed on File 9-0
2. A communication transmitted from Yi-An Huang, City Manager, relative to a Revised Response to Proposed Amendments to Ch. 2.78, Art. III (Neighborhood Conservation District and Landmarks Ordinance). (CM23#88)
pulled by Zondervan; remarks by Zondervan, Carlone, Toner, McGovern; Refer to Ordinance Committee 9-0
3. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 22-79, regarding Garden Street Safety Improvement Project local traffic analysis. (CM23#89)
pulled by Zondervan; Toner moves to take up with Charter Right #1; Placed on File 9-0
CHARTER RIGHT
1. Policy Order for Garden Street Accommodations. [Charter Right – Zondervan, Mar 20, 2023] (PO23#52)
Zondervan proposed amendments to implement recommendations proposed by staff; Toner opposed to QZ amendments; Carlone notes that there were NO pedestrian improvements in project; Nolan disagrees with QZ amendments that eviscerate original recommendations and notes that Cycling Safety Ordinance was meant to override any concerns of Traffic Department; McGovern also disagrees with first and last QZ amendments; Mallon notes that report calls original proposed changes infeasible and supports QZ amendments; Azeem says he was open to proposed amendments but now supports QZ amendments; responses by Brooke McKenna (TPT) - back-and-forth with Nolan; Zondervan says Council should not be second-guessing the Traffic Department and suggests that any criticism is sexist; McKenna notes that proposed changes would complicate the Huron/Garden intersection with an exclusive bicycle signal phase and cause gridlock; Siddiqui remarks; additional Toner remarks supporting original proposal and on role of councillors; McKenna says “charterwritten” (cringe); McGovern notes that one can support both the Order and the Traffic Department report, notes that he was the lead sponsor of the Cycling Safety Ordinance; Carlone notes that there are two women on this policy order and objects to Zondervan's use of word “sexist” as ridiculous (Zondervan objects); QZ amendment #1 passes 6-3 (PN,DS,PT - No); QZ amendment #2 passes 7-2 (DS,PT - No); QZ amendment #3 passes 6-3 (DC,DS,PT - No); QZ amendment #4 fails 3-5-0-1 (BA,AM,QZ - Yes; MM,PN,DS,PT,SS - No; DC - Present); Siddiqui attempts to explain function of policy orders; Toner notes that it is proper role of City Council to submit policy orders; Zondervan will vote against the Order; Toner wants assurances that TPP will actually look at proposals; Zondervan says TPP has already done their analysis; Mallon would support “explore the feasibility” rather than “implement”; McGovern moves to replace “implement” with “consider” [passes 6-3 (PN,DS,PT - No); Order Adopted as Amended 5-3-1 (DC,MM,PN,PT,SS - Yes; AM,QZ,DS - No; BA - Present)
O-3 Mar 20, 2023 (with Zondervan amendments) - see below for version that was passed
COUNCILLOR TONER
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR CARLONE
WHEREAS: The recent changes of part of Garden Street from a two-way to a one-way for automobile traffic has [created a safe experience for all road users and] caused concerns in the community about overflow traffic and safety on neighboring side streets: and
WHEREAS: On Nov 14th 2022 the Council voted 9-0 to have the Traffic, Parking and Transportation Department continue to monitor the situation via traffic counting and other methods and to conduct additional listening sessions in December, 2022 and January, 2023 and return with recommendations to the City Council by Mar 27, 2023; and
WHEREAS: Many residents throughout the winter months at the feedback meetings and through emails have continued to express concerns to the City Council about the Garden Street installation and the negative impact it has had on neighboring side streets, but have also offered reasonable solutions including, but not limited to:• restoring the section of Garden Street from Linnaean to Huron as two ways for automobile traffic
• making a bidirectional bike lane on the north/Harvard side from Huron Avenue to Chauncy Street
• moving all parking to the north/Harvard side of Garden Street from Linnaean to Chauncy Street
• install street signs on the corner of Raymond Street restricting traffic to abutters only between 7-9am and 4-6pm along with other traffic calming measures
• continue to make adjustments to Walker Street to address the concerns of residents regarding cut-through traffic, excessive noise, and dangerous buses, trucks/large vehicles by improving traffic calming and signage; and
WHEREAS: TPD Department and the City Manager released the Garden Street Safety Improvement Project Local Traffic Analysis on March 30, 2023; and
WHEREAS: The City’s analysis includes an impact evaluation based on extensive data collection, a consideration of the potential impact of returning part of Garden Street to one-way traffic, responses to comments from the public, and recommendations that the City could take to further address resident concerns; and
WHEREAS: These changes will maintain separated bike lanes as required by the Cambridge Cycling Safety Ordinance, will improve safety and navigation for all, reduce cut-through traffic in the neighborhood, and would make neighborhood residents feel heard and understood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Parking, and Transportation Department and the Department of Public Works to implement
thetheirabove listedrecommendations from the report as soon as possible but no later than May 30, 2023.Amended Order passed
O-3 Mar 20, 2023
COUNCILLOR TONER
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR CARLONE
WHEREAS: The recent changes of part of Garden Street from a two-way to a one-way for automobile traffic has [created a safe experience for all road users and] caused concerns in the community about overflow traffic and safety on neighboring side streets: and
WHEREAS: On Nov 14th 2022 the Council voted 9-0 to have the Traffic, Parking and Transportation Department continue to monitor the situation via traffic counting and other methods and to conduct additional listening sessions in December, 2022 and January, 2023 and return with recommendations to the City Council by Mar 27, 2023; and
WHEREAS: Many residents throughout the winter months at the feedback meetings and through emails have continued to express concerns to the City Council about the Garden Street installation and the negative impact it has had on neighboring side streets, but have also offered reasonable solutions including, but not limited to:• restoring the section of Garden Street from Linnaean to Huron as two ways for automobile traffic
• making a bidirectional bike lane on the north/Harvard side from Huron Avenue to Chauncy Street
• moving all parking to the north/Harvard side of Garden Street from Linnean to Chauncy Street
• install street signs on the corner of Raymond Street restricting traffic to abutters only between 7-9 and 4-6 along with other traffic calming measures
• continue to make adjustments to Walker Street to address the concerns of residents regarding cut-through traffic, excessive noise, and dangerous buses, trucks/large vehicles by improving traffic calming and signage; and
WHEREAS: TPD Department and the City Manager released the Garden Street Safety Improvement Project Local Traffic Analysis on March 30, 2023; and
WHEREAS: The City’s analysis includes an impact evaluation based on extensive data collection, a consideration of the potential impact of returning part of Garden Street to one-way traffic, responses to comments from the public, and recommendations that the City could take to further address resident concerns; and
WHEREAS: These changes will maintain separated bike lanes as required by the Cambridge Cycling Safety Ordinance, will improve safety and navigation for all, reduce cut-through traffic in the neighborhood, and would make neighborhood residents feel heard and understood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Parking, and Transportation Department and the Department of Public Works to
implementconsider the above listed recommendations as soon as possible but no later than May 30, 2023.
2. That the City Council authorize an extension of time for the Special Committee/Charter Review Committee to file its report on suggested Charter changes with the City Council until Dec 31, 2023. [Charter Right – Zondervan, Mar 22, 2023] (PO23#55)
Zondervan would prefer interim changes on the ballot this year rather than waiting until 2025 (not at all clear that this would be when changes would be on ballot); Nolan would have preferred faster action and notes that any changes to elections could not be proposed for this year, says that a Special Election could be held in 2024 specifically on the Charter; Simmons supports additional time for committee to do its work; Zondervan wants clarification about procedure for changing how elections conducted, suggests they could not take effect until 2025; Glowa disagrees - notes that proposals would go to City Council, then Attorney General, then voters (should also include State Legislature if substantial changes); Zondervan thinks a Special Election would be burdensome; McGovern asks what would be the alternative; Order Adopted 8-1 (QZ - No)
O-1 Mar 22, 2023 Charter Right - Zondervan
COUNCILLOR NOLAN
ORDERED: That the City Council authorize an extension of time for the Special Committee/Charter Review Committee to file its report on suggested Charter changes with the City Council until December 31, 2023.
UNFINISHED BUSINESS
3. An Ordinance has been received from Diane P. LeBlanc City Clerk, relative to a Zoning Petition from Patrick Barrett et al. North Mass Ave BA-5 Zoning District Petition (Ordinance #2022-21). [Passed to 2nd Reading, Mar 6, 2023; To Be Ordained on or after Mar 20, 2023; Expires Apr 3, 2023] (ORD22#21)
McGovern notes that several votes required; Zondervan consistently opposed as spot zoning, feels that this subverts AHO and speaks in favor of AHO Behemoth Proposal; Carlone notes that proposal is for a 4.0 FAR yet project under 3.0 FAR with maximum height of 69 feet; objects to absence of documents and call this “a joke” - classic spot zoning with no City benefits; Toner supports proposal - heights not unreasonable - wants further N. Mass. Ave. study, says Planning Board liked the project but wanted the full study first; Nolan says she’s torn, questions why a 4.0 FAR is necessary, proposes amendment to reduce maximum FAR to 3.0 (acceptable to petitioner); Azeem wants to remove dwelling area to lot ratio; Siddiqui want to pass this tonight; Carlone reiterates desire for calculation and drawings for what is proposed, expects this will yield enormous pressure to have this up and down Mass. Ave., concerned about precedent; Toner asks if this requires 5 votes or 6; Zondervan notes that for creation of housing requires only 5 votes, Glowa agrees; Zondervan opposed to amendments - not discussed at Ordinance Committee; Glowa says that because proposal allows office and retail uses, requires 6 votes for any parts not involving housing; Nolan amendments adopted 7-2 (QZ,SS - No); Azeem proposes amendment to reduce ratio of dwelling units to lot area to zero; Glowa affirms that 6 votes required; Carlone notes that developer promised parking for each unit; Azeem amendment passes 5-3-1 (DC,AM,SS - No; PN - Present); Amend by Substitution with CDD modifications (as amended) passes 9-0; Ordained as Amended 6-3 (DC,QZ,SS - No)
A. A communication transmitted from Yi-An Huang, City Manager, relative to Policy Order 2023 #44, related to the Barrett, et al., Zoning Petition. (CM23#86)
APPLICATIONS AND PETITIONS
1. An application was received from John Peterson representing The Turing Tavern, requesting permission for an 3 awnings and 1 projecting sign at the premises numbered 1281 Cambridge Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters. (AP23#16)
Adopted 9-0
2. An application was received from Heather Dudko representing Citizens Bank, requesting permission for a projecting blade sign at the premises numbered 616 Main Street approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters proof of mailing had been provided. (AP23#17)
Adopted 9-0
COMMUNICATIONS
1. A communication was received from Cambridge Mothers Out Front, regarding the embodied emissions accounting.
2. A communication was received from Erik Sebesta, regarding the Garden Street Policy Order.
3. A communication was received from Catalina Arboleda, regarding modifications to separated bike lanes on Garden Street.
4. A communication was received from Charles Franklin, regarding support for APP 3 – Restore Cambridge Housing Petition.
5. A communication was received from James Bertram, regarding support of the policy order filed by Councillors Toner, Nolan, Simmons, and Carlone asking the City Manager and Transportation Department to adopt some of the suggestions that have been made by the community over the past several months.
6. A communication was received from Amy Murray, regarding support of Councillor Toner’s proposal to bring back two-way traffic to Garden Street.
7. A communication was received from Ben Flaim, regarding support for Garden Street Policy Order.
8. A communication was received from Charles Franklin, regarding using the wrong petition number in previous communication. It should AP1 not AP3.
9. A communication was received from Ausra Kubilius, regarding support for PO#3.
10. A communication was received from Annie Brandt, regarding support of PO#3.
11. A communication was received from Barbara Anthony, regarding PO#3.
12. A communication was received from Robin Wolfe, regarding support for PO#3.
13. A communication was received from Cambridge Mothers Out Front, regarding the Green Jobs Ordinance.
14. A communication was received from David Boghossian, regarding traffic on Avon Hill.
15. A communication was received from Jean Kindleberger, regarding PO#3.
16. A communication was received from Alex Keyssar, regarding PO#3.
17. A communication was received from Cynthia Broner, regarding support for the traffic and bike-related policy order filed by Councillors Nolan, Simmons, Toner, and Carlone.
18. A communication was received from Reiley O’Connor, regarding support for PO#3.
19. A communication was received from Bill Green, regarding recent decision regarding Emissions Accounting Ordinance zoning petition and support on passing the Green Jobs Ordinance.
20. A communication was received from Charles Welch, regarding the Garden Street Policy Order.
21. A communication was received from Christopher Tracy, regarding Holy Trinity Armenian Church.
22. A communication was received from Stephanie Berk, regarding the Garden Street Policy Order.
23. A communication was received from Tania Maxwell and Chris Osborne, regarding PO#3 at the March 20th City Council Meeting.
24. A communication was received from Chris Potter, regarding opposition to PO#3.
25. A communication was received from Carol Weinhaus, regarding support of the Garden Street Policy Order.
26. A communication was received from Terry DeLancey, regarding the Garden Street Policy Order.
27. A communication was received from Mark Dibble, regarding Cambridge residents on Avon Hill supporting the Paul Toner proposed Garden Street policy order.
28. A communication was received from Elise Moore, regarding support for the Garden Street Policy Order.
29. A communication was received from Vickey Bestor, regarding support for the Garden Street PO#3.
30. A communication was received from Jennifer Payette, regarding support for PO#3.
31. A communication was received from John Trever, regarding opposition to the massive 25 story AHO up-zoning amendment.
32. A communication was received from Michael Meltsner, regarding PO#3.
33. A communication was received from Kavish Gandhi, regarding comments on several items on the March 20 City Council agenda.
34. A communication was received from Gene Hull, regarding PO#3.
35. A communication was received from Ausra Kubilius, regarding PO#3 - Garden Street Accommodations.
36. A communication was received from Deborah Valenze, regarding support for Garden Street Policy Order.
37. A communication was received from Mary Jane Kornacki, regarding support for POR 2023 #52 - amendments to the Garden Street conversion.
38. A communication was received from Pamela Gudiño, regarding funding for Cambridge HEART.
39. A communication was received from Owen Berson, regarding testimony supporting Charter Right #1.
40. A communication was received from Louise Eastman Weed, regarding the Garden Street policy order and proposal.
41. A communication was received from Jeanne Koopman, regarding Charter Right #1.
42. A communication was received from Eric Fishman, regarding Charter Right #1.
43. A communication was received from Charles Teague, regarding support for PO#3.
44. A communication was received from Rob Everts, regarding support for PO#3.
45. A communication was received from Young Kim, regarding PO#3 - Garden Street Accommodations.
46. A communication was received from Kathleen Francis, regarding Charter Right #1.
47. A communication was received from Sara Levy, regarding the Garden Street Policy Order.
48. A communication was received from Mary Rowe, regarding support the Garden Street Policy Order.
49. A communication was received from Robert Fein, regarding support for Garden Street Policy Order.
50. A communication was received from Joan Pickett, regarding support for the Garden Street PO#3.
51. A communication was received from Ann Fleck-Henderson, regarding funding HEART.
52. A communication was received from Debra Biba, regarding support for PO#3.
53. A communication was received from Catherine Hoffman, regarding HEART, Starlight, and Party for Socialism and Liberation (PSL).
54. A communication was received from Susan M. Carter, regarding opposition to the AHO 25 story sky scrapers and support for the Garden Street redo.
55. A communication was received from Kathy Watkins, regarding support for HEART.
56. A communication was received from Steve Wineman, regarding Charter Right #1: In support of the HEART program.
57. A communication was received from Rabbi Yoni, regarding restoring Cambridge Housing Zoning Petition a.k.a. Charles Franklin Petition vs. AHO.
58. A communication was received from Benjamin Flaim, regarding reconfiguring Garden Street stretch to more evenly distribute traffic/large trucks.
59. A communication was received from Margaret Ann Brady and Robert Dall, regarding support for Charter Right #1 - Cambridge HEART Initiative.
60. A communication was received from Glenn Heinmiller, regarding support for PO#3 on the March 20th agenda, concerning Garden Street CSO implementation.
61. A communication was received from Julie Ingelfinger, regarding reconfiguring Garden Street stretch to more evenly distribute traffic/large trucks.
62. A communication was received from Adi and Jonathan Elsner, regarding reconfiguring Garden Street stretch to more evenly distribute traffic/large trucks.
63. A communication was received from Scott Kilcoyne, regarding displeasure with POR 2023 #52.
64. A communication was received from Karen and Peter Falb, regarding the Garden Street Policy Order.
65. A communication was received from Kathy and John Roberts, regarding support for HEART.
66. A communication was received from Kristen Aldrich, regarding Charter Right #1.
67. A communication was received from Andy Zucker, regarding comments on proposals before the Council.
68. A communication was received from Phyllis Simpkins, regarding the AHO upzoning amendment and the Garden Street bike lanes.
69. A communication was received from Annette LaMond and Joe Moore, regarding support for the Garden Street Policy Order.
70. A communication was received from Diane Martin, regarding support for HEART.
71. A communication was received from Keith Mascoll, regarding support for Starlight.
72. A communication was received from Bjorn Poonen, regarding Charter Right #1 - HEART.
73. A communication was received from Anne Holtzworth, regarding opposition to making Garden Street a two-way between Linnaean and Huron Avenue.
74. A communication was received from Anne Holtzworth, regarding opposition to making Garden Street a two-way between Linnaean and Huron Avenue.
75. A communication was received from Cathy Hoffman, regarding support for Cambridge HEART.
76. A communication was received from Meredith Moore, regarding support for Charter Right #1.
77. A communication was received from Shelagh Hadley, regarding upcoming issues.
78. A communication was received from Susan Ringler, regarding support for Charter Right #1 - HEART.
79. A communication was received from Eric Grunebaum, regarding support for Green Jobs Ordinance.
80. A communication was received from Teresa Cardosi, regarding support for the Starlight Square continuation POR 2023 #53.
81. A communication was received from Rachel Wyon, regarding support for Charter Right #1 - HEART.
82. A communication was received from Lauren Curry, regarding support for HEART.
83. A communication was received from Carolyn Shipley, regarding support for HEART.
84. A communication was received from Sharon Mombru, regarding the Garden Street Policy Order.
85. A communication was received from Matthew Schreiner, regarding Policy Orders #48 and #49 on March 20, 2023 City Council Agenda.
86. A communication was received from Shelby Dwyer, regarding Charter Right #1.
87. A communication was received from Lois Markham, regarding support for Charter Right #1.
88. A communication was received from Stephanie Guirand, regarding support for Charter Right #1 and response to Toner and Simmons’ concerns.
89. A communication was received from Lynne Hall, regarding support for HEART and Charter Right #1.
90. A communication was received from Lee Farris, regarding Residents Alliance support of Charter Right #1 to fund HEART.
91. A communication was received from Rep. Mike Connolly, regarding support for HEART (Charter Right #1).
92. A communication was received from Manraj Gill, regarding March 20 public comment on Charter Right #1: HEART.
93. A communication was received from John Doucet, regarding support for HEART.
94. A communication was received from Brian Cafferelli, regarding PO#306.
95. A communication was received from Lee Farris, regarding Residents Aliance’s support for PO#1, Transfer Fee Enabling Act.
96. A communication was received from Ruth Economou, regarding support for HEART program for Cambridge.
97. A communication was received from Debra Wise, regarding March 20 public comment regarding Charter Right #1.
98. A communication was received from Jenny Netzer, regarding support for expanding the Affordable Housing Overlay.
99. A communication was received from David Fichter, regarding support for Charter Right #1 – Cambridge HEART.
100. A communication was received from Ruth Economou, regarding support for Starlight Lounge.
101. A communication was received from Jack Silversin, regarding Garden Street and PO#52.
102. A communication was received from Elisabeth Schainker, regarding extending Starlight Square as a performance and community space.
103. A communication was received from Cristina Sciuto, regarding support for Charter Right #1 - HEART.
104. A communication was received from Jabari Canada, regarding PO#53 and APP #12: Starlight Square.
105. A communication was received from Young Kim, regarding PO#3 - Garden Street Accommodations.
106. A communication was received from Michael McIntosh, regarding support for PO#3.
107. A communication was received from Obi Carrion, regarding support for PO#53, HEART Program (Charter Right #1) and affordable housing.
108. A communication was received from Nike Tirman, regarding Garden Street Policy Order.
109. A communication was received from Teresa Cardosi, regarding support for funding and contract with HEART.
110. A communication was received from Sharon Lozada, regarding support for Starlight Square PO#53.
111. A communication was received from Michael James, regarding PO#53 (Starlight Square).
112. A communication was received from Sam Burgess, regarding support for Cambridge Affordable Housing Overlay amendments.
113. A communication was received from Lauren Marshall, regarding support for PO#53.
114. A communication was received from Chuck Weed, regarding Garden Street bike path.
115. A communication was received from Charlotte Bingaman, regarding Garden Street Resident – One way safety concerns.
116. A communication was received from Marilee Meyer, regarding citizen zoning petitions.
117. A communication was received from Jeffrey D. Peterson, regarding March 20 Garden Street Policy Order.
118. A communication was received from Richard Goldberg, regarding Residents Alliance’s support for PO#1, Transfer Fee Enabling Act.
119. A communication was received from Richard Krushnic, Residents Alliance’s support for PO#1, Transfer Fee Enabling Act.
120. A communication was received from Katherine DePasquale, regarding expanding the Affordable Housing Overlay.
121. A communication was received from Emily H. Axelrod, regarding Garden Street.
122. A communication was received from Heather Hoffman, regarding question about PO 22-182.
123. A communication was received from Fred-Rick Schermer, regarding recommending a better voting system for Cambridge: The original proportional voting system.
124. A communication was received from Robert Camacho, regarding Cambridge City Charter.
125. A communication was received from Conor Henrie, regarding Garden Street bike lanes.
126. A communication was received from Cristina Ullmann, regarding strong support to retain Garden Street bike lanes as is.
127. A communication was received from Craig A. Kelley, regarding comments on the Barrett Petition.
128. A communication was received from Graeme Peel, regarding Garden Street bike lanes.
129. A communication was received from Joshua Hartshorne, regarding Garden Street bike lanes.
130. A communication was received from Jeremiah Schuur, regarding support for Garden Street bike lanes.
131. A communication was received from Shelagh Hadley, regarding Garden Street bike lanes.
132. A communication was received from Greg Stanton Marra, regarding Garden Street bike lanes.
133. A communication was received from Gleb Bahmutov, regarding support for Garden Street bike lanes.
134. A communication was received from Perry Lubin, regarding Garden Street safety improvements.
135. A communication was received from Young Kim, regarding Charter Right - PO2023 #52 - Garden Street Accommodations.
136. A communication was received from Chris Cullen, regarding support for the Garden Street protected bike lanes.
137. A communication was received from Graeme Peel, regarding Garden Street bike lanes.
138. A communication was received from Piper Ullmann, regarding Garden Street project.
139. A communication was received from Ben Flaim, regarding the Garden Street situation.
RESOLUTIONS
1. Congratulations on the retirement of Chandra Banks. Councillor Toner
2. Resolution on the death of Mel King. Councillor Simmons, Councillor Toner, Mayor Siddiqui, Councillor Carlone
3. Resolution on the death of Alexandre Perry. Councillor McGovern
4. Congratulations to Ms. Sarah Howard Parker on her film debut. Vice Mayor Mallon
pulled by Mallon, film is “Boston Strangler”
5. Resolution on the death of William Younker. Councillor Toner
6. Congratulations on the retirement of Gary Melanson from the Cambridge Health Alliance. Councillor Toner
7. Congratulations on the retirement of Paul Simonds. Councillor Toner
8. Thanks to Shaun Clarke for his devoted work to the Cambridge Community Television Board and his service as MCT Committee Chair and Board Vice President. Vice Mayor Mallon
ORDERS
1. That the City Manager is requested to work with the City Solicitor to provide a legal opinion which clarifies the state law on zoning petition signature requirements to ensure clarity and lawful deliberation in the future. Councillor Nolan (PO23#56)
Order Adopted 9-0
2. That the City Manager is requested to work with the Department of Public Works, the Cambridge Public Libraries, the Cambridge Fire Department, the Department of Public Health, and all other relevant departments to provide free menstrual products in all gender bathrooms of the Cambridge Public Library branches and fire stations. Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan, Councillor Simmons, Councillor McGovern, Councillor Zondervan (PO23#57)
pulled by Mallon; comments by Simmons, McGovern, Zondervan, Nolan; Order Adopted as Amended 9-0
3. City Council support of H.1312 and S.856, An Act Providing Upstream Homelessness Prevention Assistance to Families, Youth, and Adults. Mayor Siddiqui, Vice Mayor Mallon, Councillor McGovern, Councillor Zondervan (PO23#58)
Order Adopted 9-0
4. That the City Manager is requested to direct the Department of Human Service Programs to develop a three-year plan to expand and improve After School Care for Cambridge children. Councillor McGovern, Mayor Siddiqui, Councillor Azeem, Councillor Nolan, Councillor Simmons, Councillor Zondervan, Councillor Carlone, Councillor Toner, Vice Mayor Mallon (PO23#59)
pulled by McGovern; Order Adopted as Amended 9-0
5. That the City Manager is hereby requested to direct the Community Development Department and the Law Department to review the Citizens Zoning Petition received from Michael Monestime et al. regarding Outdoor Use Zoning for the Central Square Cultural District (APP 2023 #12) for form and content. Mayor Siddiqui, Councillor McGovern, Councillor Zondervan (PO23#60)
Order Adopted 9-0
6. City Council solidarity to the Mayor, Municipal Council, and Community Council of San José Las Flores in recognition of the successes and persistence of the community. Councillor Carlone (PO23#61)
pulled by Carlone; comments by Carlone, Nolan; Order Adopted 9-0
7. Proclaim Apr 3–9, 2023 as Cambridge Public Health Week. Mayor Siddiqui, Councillor Simmons (PO23#62)
pulled by Siddiqui; Order Adopted as Amended 9-0
8. That the City Council amend Rules 38.6, 32B, and 12 to align the City Council Rules with the decision made in Barron v. Kolenda. Vice Mayor Mallon (PO23#63)
Comments by Mallon, Zondervan suggests a Gov’t Ops. meeting; Carlone notes that this will make the Council more of a circus; Nolan says no meeting necessary, need for Council to prevent a tone; Mallon asks if Rules changes can be done now without usually required delay; Glowa says that no law requires delay - just City Council Rules, can be changed immediately under suspension of rules; Mallon moves suspension (passes 7-0-0-2; Carlone, Simmons - Present); Azeem says this should have been on City Manager’s Agenda, asks if the ruling applies to City Council; Glowa notes that changes to Rule #12 would make this apply to City Council as well; Simmons notes that in a previous training question raised about what is actually meant by “avoid personalities”, would prefer more discussion in committee of proposed changes; Glowa reticent on interpreting “avoid personalities” in City Council Rules; Simmons wants to be recorded as voting Present (Zondervan objects) - approved 7-1-1 (PT - Absent, QZ - No); Zondervan favors striking all restraints on free speech, wants fuller conversation in Gov’t Ops.; Order Adopted 7-0-0-2 (DC,DS - Present) for immediate Rules changes
COMMITTEE REPORTS
1. The Transportation & Public Utilities Committee - Committee Meeting - Apr 3, 2019 1:00 PM [text of report] - [already reported on Apr 29, 2019]
Report Accepted, Placed on File 9-0
Topic: AP#4 of March 4, 2019 from Cambridge Taxi Drivers Owners Association on whether additional regulation on Transit Network Companies (TNC) could be implemented in Cambridge.
Present: Devereux, Carlone, Mallon, Kelley, Zondervan, (Siddiqui, McGovern)
Absent: None
2. The Transportation & Public Utilities Committee - Committee Meeting - May 22, 2019 2:00 PM [text of report] - [already reported on June 10, 2019]
Report Accepted, Placed on File 9-0
Topic: Eversource site on Fulkerson Street and a potential expansion project at this site.
Present: Devereux, Zondervan, Carlone, Mallon, (Toomey, McGovern)
Absent: Kelley
3. The Transportation & Public Utilities Committee - Committee Meeting - Oct 2, 2019 12:00 PM [text of report]
Report Accepted, Placed on File 9-0
Topic: To discuss the future electricity needs of the Kendall Square area and progress toward identifying an alternate, viable location for a new substation other that the proposed site on Fulkerson Street.
Present: Devereux, Carlone, Mallon, Kelley, Zondervan, (McGovern)
Absent: None
4. The Transportation & Public Utilities Committee - Committee Meeting - Oct 15, 2019 3:30 PM [text of report]
Report Accepted, Placed on File 9-0
Topic: To review the Vision Zero Year One Report and information on upcoming Vision Zero projects for 2019/2020.
Present: Devereux, Carlone, Mallon, Kelley, Zondervan, (McGovern)
Absent: None
5. The Transportation and Public Utilities Committee met on Dec 3, 2019 to discuss the City Manager’s report on the Parking and Transportation Demand Management (PTDM) Ordinance. [text of report]
Report Accepted, Placed on File 9-0
Present: Devereux, Carlone, Mallon, Kelley (late), Zondervan
Absent: None
6. The Transportation and Public Utilities Committee will met on July 29, 2020 to discuss how transportation in Cambridge has been affected by the COVID-19 pandemic, including impacts and adaptations to streets and public transit. [text of report]
Report Accepted, Placed on File 9-0
Present: Sobrinho-Wheeler, Mallon, Nolan, Toomey (late), Zondervan (late)
Absent: None
7. The Transportation and Public Utilities Committee met to conduct a public hearing on June 23, 2021 to discuss a communication transmitted from Louis A. DePasquale, City Manager, relative to the first Cycling Safety Ordinance report which analyzes the block-by-block impacts of installing quick-build separated bike lanes on four specific segments of Massachusetts Avenue, as identified in Section 12.22.040 (E) of the ordinance. [text of report]
Report Accepted, Placed on File 9-0
Present: Sobrinho-Wheeler, Mallon, Nolan, Zondervan, (Carlone)
Absent: Toomey
8. The Ordinance Committee held a public hearing on Tues, Mar 7, 2023, on potential changes to Chapter 2.78 Historical Buildings and Landmarks, Proposed Ordinance #2022-11. [text of report]
Report Accepted, Placed on File 9-0
Present: Carlone, Mallon, McGovern
Remote Present: Azeem, Nolan, Toner, Zondervan, Siddiqui
Absent: Simmons
9. The Housing Committee held a public meeting on Mar 8, 2023 to continue the recessed meeting from Feb 8, 2023 to continue discussing potential amendments to the Affordable Housing Overlay district as outlined in the Nov 21, 2022 policy order adopted by the City Council. [text of report]
Report Accepted, Placed on File 9-0
Present: Simmons, Carlone, Mallon, McGovern, (Zondervan, Nolan, Siddiqui)
Remote Present: Azeem
Absent: None
COMMUNICATIONS & REPORTS FROM CITY OFFICERS
1. A communication was received from Diane LeBlanc, City Clerk, transmitting an update regarding legislative activity. (COF23#55)
Placed on File 9-0
2. A communication was received from Councillor Zondervan, transmitting thoughts on the latest IPCC climate change report. (COF23#56)
pulled by Zondervan; comments by Zondervan, Nolan, Azeem, Siddiqui; Placed on File 9-0
3. A communication was received from Mayor Siddiqui, transmitting information from the School Committee. (COF23#57)
Placed on File 9-0
4. A communication was received from City Solicitor Nancy E. Glowa, transmitting Legal Opinion on Recent Supreme Judicial Court Case Regarding Public Comment. (COF23#58) [text of opinion]
pulled by Mallon (early); Mallon proposes Rules Changes - 38.6, 32B, and 12; Late Policy Order Adopted 7-0-0-2; Placed on File 9-0
CITY OF CAMBRIDGE
Office of the City Solicitor
795 Massachusetts Avenue
Cambridge, Massachusetts 02139Mayor Sumbul Siddiqui
Cambridge City Hall
795 Massachusetts Avenue
Cambridge, MA 02139April 3, 2023
Re: Legal Opinion on Recent Supreme Judicial Court Case Regarding Public CommentDear Madam Mayor:
At your request, we have prepared this legal opinion to provide guidance to the City Council concerning the recent Supreme Judicial Court case, Barron v. Kolenda, -- Mass.--, 203 N.E.3d 1125, SJC-13284 (2023), regarding limits on public comment sessions at public meetings. The Court ruled in the Barron case that municipalities can require that public comment sessions be conducted in an “orderly and peaceable manner,” but that all restrictions on public comment sessions must be restrictions relating to time, place, and manner that do not violate the right to assembly under Article 19 of the Massachusetts Declaration of Rights or the right to free speech under Article 16 of the Declaration of Rights. In the Barron case, the Court held that a public comment policy that sought to impose civility standards violated Articles 19 and 16 of the Declaration of Rights.
The Barron case arose out of the Town of Southborough Select Board’s public comment policy and its requirement that public comments be “respectful and courteous, [and] free of rude, personal or slanderous remarks.” During the public comment period of a Select Board meeting, the plaintiff made comments critical of the chair of the board and then called the chair “a Hitler.” In response, the chair recessed the meeting and threatened to have the plaintiff escorted out if she did not leave. The plaintiff then left. The plaintiff brought suit asserting, amongst other claims, that the public comment policy was unconstitutional under the Massachusetts Declaration of Rights.
The Court in the Barron case explicitly approved restrictions that “designate when and where public session may occur, how long public comment sessions last, the time limits for each person speaking during the public comment session, and rules preventing speakers from disrupting others and removing those who do.” The Court also explicitly held that “[u]nder both arts. 19 and 16, such civility restrains on the content of speech at a public comment session in a public meeting are forbidden. Although civility, of course, is to be encouraged, it cannot be required regarding the content of what may be said in a public comment session of a governmental meeting without violating both provisions of the Massachusetts Declaration of Rights, which provide for a robust protection of public criticism of governmental action and officials.” The Court did not address whether slander can be prohibited, noting that such a prohibition “raises different questions” that it “need not resolve”, and that “at least under First Amendment principles, slander directed at public officials requires actual malice”. Id. at FN. 8.
Although the Court held that the Southborough policy impermissibly regulated the content of speech, the Court held in dicta that a policy that regulates public comment to subjects on an agenda is likely permissible. In the Barron case, the public comment policy did not limit comments to topics on the current agenda, so the Court in the Barron case stated “[t]his is not a case in which the public meeting was limited to a particular item or items. Although that would be content based, in order to function efficiently, towns must be able to hold public meetings limited to a particular subject without violating art. 19, so long as the town provides other oppotunities to exercise this right .... ” Id. at FN. 10.
Therefore, we do not advise amending the language found in Rule 24C of the Rules of the City Council that limits public comment to certain categories of agenda items. Rule 24C of the Rules of the City Council states: “[m]embers of the public may comment upon items in the following categories of business: Motions for reconsideration, City Manager’s consent agenda, Unfinished business from preceding meetings, Applications and Petitions requiring approval or referral by the City Council, Consent resolutions, Consent Policy orders and resolutions relating to policy analysis or development, Committee Reports, Roundtable/Working Meeting Minutes, Communications and Reports from Other City Officers.” These categories of agenda items are the subjects that the Council may deliberate on at a meeting and it is permissible to limit public comment to these subjects. However, the Council should keep in mind that whether it is permissible to limit public comment to topics on the agenda was not a question in the Barron case, and therefore the Court’s comments in that regard are not persuasive authority in future cases. This issue could arise in a future case and a court may reach a different outcome.
In summary, the Court did make certain things clear:
(1) public speakers cannot be barred from “rude”, “disrespectful”, or “personal” speech directed at public officials;
(2) the Council cannot treat speakers differently from each other based on their views or on how those views are expressed;
(3) the Council can continue to impose reasonable time limits for each speaker; and
(4) speakers can be barred from interrupting or interfering with other speakers; engaging in physical conduct; and engaging in speech that threatens violence or incites imminent unlawful conduct by others.
In connection with our review of the Court’s decision in Barron, we have reviewed the Rules of the City Council and recommend the following amendments to Rule 38.6 to conform with the Court’s decision and our interpretation of its import. The first sentence of Rule 38.6 currently reads “All persons shall confine their remarks to the question under debate and avoid personalities. The following will not be tolerated: uttering fighting words, slander, speeches invasive of the privacy of individuals, unreasonably loud or repetitive speech, and/or speech so disruptive of City Council proceedings that the legislative process is substantially intenupted.” Because the Court ruled specifically that “rude”, “disrespectful”, and “personal” speech directed at public officials must be allowed, we recommend amending this sentence to read “All persons shall confine their remarks to the question under debate. The following will not be tolerated: uttering fighting words, slander, unreasonably loud or repetitive speech, and/or speech so disruptive of City Council proceedings that the legislative process is substantially interrupted.”
I will be available to discuss these proposed changes with the Council at a future meeting.
Very truly yours,
Nancy Glowa
City Solicitor
HEARING SCHEDULE
Mon, Apr 3
5:30pm City Council Meeting (Remote Only)
Tues, Apr 4
12:30pm The Economic Development and University Relations Committee will hold a public meeting to the discuss the practical impact of various city policies, regulations and ordinances on commercial and residential development and construction projects in Cambridge.
Mon, Apr 10
5:30pm City Council Meeting
Tues, Apr 11
12:30pm The Health and Environment Committee will hold a public meeting to review plans for solar and renewable energy installations in the city, including report on solar expansion and works by the CEA (Cambridge Energy Alliance) and potential for solar on city owned water supply land, and any other items related to renewable energy.
5:30pm The Charter Review Committee (Remote Only)
Wed, Apr 12
5:30pm The Ordinance Committee will hold a public meeting to continue the discussion on the proposed amendments to the Building Energy Use Disclosure Ordinance, Ordinance #2021-26.
Thurs, Apr 13
12:30pm The Ordinance Committee will hold a public hearing to continue the discussion from the Apr 12, 2023 Ordinance Committee meeting on the proposed amendments to the Building Energy Use Disclosure Ordinance, #2021-26.
3:30pm The Ordinance Committee will meet to hold a Public Hearing on the Citizens Zoning Petition received from Michael Monestime et al. regarding Outdoor Use Zoning in the Central Square Cultural District.
Mon, Apr 24
5:30pm City Council Meeting
Tues, Apr 25
3:00pm The Health and Environment Committee will hold a public meeting to review and discuss the update on Urban Forest Master Plan and to discuss how to improve tree health and tree canopy across the City.
5:30pm The Charter Review Committee (Remote Only)
Wed, Apr 26
12:30pm The Ordinance Committee will meet to continue the discussion on potential changes to Chapter 2.78 Historical Buildings and Landmarks, Proposed Ordinance #2022-11, as amended in Committee on Mar 7, 2023.
Mon, May 1
5:30pm City Council Meeting
Wed, May 3
3:00pm The Ordinance Committee will hold a public hearing on Citizens Zoning Petition from Craig Kelley, et al. – Cambridge Transportation Emissions Reduction and Car Sharing Act (APP 2023 #9).
Mon, May 8
5:30pm City Council Meeting
Mon, May 15
5:30pm City Council Meeting
Mon, May 22
5:30pm City Council Meeting
Wed, May 24
3:00pm The Ordinance Committee will hold a public hearing on the Citizens Zoning Petition received from Charles Jessup Franklin et al., regarding allowing new construction hat is similar in size and shape as existing buildings for the purpose of promoting housing and first floor retail.
Mon, June 5
5:30pm City Council Meeting
Mon, June 12
5:30pm City Council Meeting
Mon, June 26
5:30pm City Council Meeting
TEXT OF ORDERS
O-1 Apr 3, 2023
COUNCILLOR NOLAN
WHEREAS: A single property owner, Douglas Brown, filed a zoning petition with the City Clerk on Jan 4, 2023, for which the Law Department delivered two individual legal opinions to the City Council, culminating in CMA 2023 #49; and
WHEREAS: In that opinion, the case referenced denied a petition since the filer did not own any parcel in the affected zoning, which was not the case with the Jan 4, 2023 petition; and
WHEREAS: The case cited also included reference to another case which appears to confirm and affirm the right of a single individual property owner affected by the decision to file a zoning petition, citing state law that a single landowner affected by the change can file such a petition; and
WHEREAS: Discussion in the City Council over the legal opinion resulted in confusion about the legal right of a single individual property owner to file zoning petitions which may come up for future petitions; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the City Solicitor to provide a legal opinion which clarifies the state law on petition signature requirements to ensure clarity and lawful deliberation in the future; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council in a timely manner.
O-2 Apr 3, 2023 Amended
VICE MAYOR MALLON
MAYOR SIDDIQUI
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
WHEREAS: Access to menstrual products is essential to the welfare and wellbeing for all people; and
WHEREAS: The growing unhoused community in Cambridge lacks basic access to these products due to economic factors, unstable access to public restrooms, and more; and
WHEREAS: Lack of access to these products leaves individuals in a state of “period poverty,” ultimately resulting in unsanitary conditions that are otherwise preventable with access to pads, tampons, menstrual discs, cups, and more; and
WHEREAS: Many states such as California and Maryland already provide access to menstrual products in public female restrooms; and
WHEREAS: Cambridge already provides free menstrual products in Cambridge Public School girls’ restrooms, Cambridge youth centers, 5 Western Ave, and Cambridge City Hall; and
WHEREAS: Library branches are another key location where members of the unhoused community can use a public restroom; and
WHEREAS: The Cambridge Youth Council has advocated for the expanded placement of these products for all people and recognizes the importance of having access to menstrual products; and
WHEREAS: Expanding this access to include all gender bathrooms at all branches of the Cambridge Public Library would greatly increase the amount of people who are able to access these products, and in turn provide an essential service to them; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Department of Public Works, the Cambridge Public Libraries, the Cambridge Fire Department, the Department of Public Health, and all other relevant departments to provide free menstrual products in all gender bathrooms of the Cambridge Public Library branches and fire stations; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on this matter by the Apr 24, 2023 regular City Council meeting.
O-3 Apr 3, 2023
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
WHEREAS: Residential Assistance for Families in Transition (RAFT) is a homelessness prevention program that provides short-term financial assistance to extremely and very low-income households that are experiencing housing instability and homelessness; and
WHEREAS: State Bill H.1312 and S.856, An Act Providing Upstream Homelessness Prevention Assistance to Families, Youth, and Adults, was recently referred to the Joint Committee on Housing; and
WHEREAS: The bill aims to permanently establish and improve the Residential Assistance for Families in Transition program (RAFT), and would have a significant impact on housing stability in Massachusetts; and
WHEREAS: Representative Marjorie Decker and Senator Brendan Crighton led the efforts in their respective chambers to introduce this bill in February2023; and
WHEREAS: This bill would put RAFT into state statute and ensure that benefits are available to families and individuals earlier in a housing or utility crisis, streamline access, improve cross-agency collaboration, allow households to access up to 12 months of assistance without arbitrary dollar caps, and require the Department of Housing and Community Development (DHCD) to publicly post reports on RAFT to provide increased transparency on how the program is operating, and who it is (or is not) serving; now therefore be it
ORDERED: That the City Council go on record in support of H.1312 and S.856, An Act Providing Upstream Homelessness Prevention Assistance to Families, Youth, and Adults; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to the Cambridge state delegation on behalf of the entire City Council.
O-4 Apr 3, 2023 Amended
COUNCILLOR MCGOVERN
MAYOR SIDDIQUI
COUNCILLOR AZEEM
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE
COUNCILLOR TONER
VICE MAYOR MALLON
WHEREAS: After School care is critical to ensuring that families can remain employed and living in Cambridge in addition to providing a safe, healthy, and stimulating environment for children; and
WHEREAS: There is a high demand for after school in Cambridge, with 1378 children having applied to the Department of Human Service Programs (DHSP) Community Schools program for Fall 2022 according to a Nov 7, 2022 DHSP update; and
WHEREAS: The City has only been able to offer 710 spots (making up 52% of applicants or just nearly 20% of the 2022-23 Pre-K to Grade 5 student population) to families of Cambridge; and
WHEREAS: The DHSP is to be commended for unveiling a plan to City Council on 2/28/23 to add 1370 130 new Community Schools and 40 new youth center spots for the upcoming school year (170 total) at an additional cost of $1.5 million; and
WHEREAS: The increase in 130 spots for Community Schools will result in DHSP in total only serving 61% of Community Schools applicants; and
WHEREAS: DHSP indicated that due to several factors, including staff retention and workforce issues, they would not be able to expand beyond 170 slots for the upcoming school year; and
WHEREAS: DHSP’s new plan for afterschool expansion involves expansion at three schools, all east of Harvard Square (King Open, Cambridgeport, and Morse) for the Pre-K to Grade 5 cohort; and
WHEREAS: The School Committee recently passed a motion that asked the Superintendent to explore the feasibility of providing additional space to accommodate the Community Schools expansion and explore opportunities to partner with the Department of Human Services (DHSP) in considering creative staffing models to support after-school programming; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct DHSP to work with the School Department, and any other relative City departments, to develop a three-year plan that addresses:
• Achieving the goal of providing an afterschool spot for every child in Cambridge who requests one
• Expanding spots at schools other than just King Open, Cambridgeport, and Morse
• Ensuring that every child who needs transportation to an afterschool location receives it, even if the afterschool location is less than one mile from their home school
• Improving pay/benefits for program staff to aid in retention and recruitment
• Creating an online dashboard displaying waitlist information by school and grade; and be it further
ORDERED: That the City Manager be and hereby is requested to direct DHSP to present a report on the current needs and concerns of special education students and their families, on the rules regulating how afterschool should serve these students, and on DHSP’s current special education policies in practice; and that DHSP present a plan to address family and student concerns as part of the three-year plan; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the DHSP to report back to the City Council on the creation/convening of the Parent/Caregiver Advocacy Council; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council in a timely manner.
ORDERED: That all DHSP reports to the City Council, including metrics that show the efforts it is taking to meet the needs of caregivers and families impacted by racial and economic disparities, and by including in every report how policy and enrollment changes have addressed such racial and economic disparities.
O-5 Apr 3, 2023
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
ORDERED: That the City Manager be and is hereby requested to direct the Community Development Department and the Law Department to review the Citizens Zoning Petition received from Michael Monestime et al. regarding Outdoor Use Zoning for the Central Square Cultural District (APP 2023 #12) for form and content and report back to the City Council by Apr 10, 2023 with any recommended changes.
O-6 Apr 3, 2023
COUNCILLOR CARLONE
WHEREAS: The Cambridge-El Salvador Sister City relationship with San José Las Flores was formalized in March of 1987 to offer protection, material aid, and solidarity amidst a US-funded, violent war; and
WHEREAS: The people of Cambridge have continued the sistering relationship during and after the war through ongoing support and communication with the people and elected leaders of Las Flores; and
WHEREAS: Cambridge has sustained its sistering solidarity in these 36 years by organizing delegations, welcoming Salvadoran community leaders, and joining Salvadoran activists over the years in campaigns against foreign mining companies and repression of the social movements; and
WHEREAS: San José Las Flores has achieved many successes including developing a system of collective ownership of farms and housing, the creation of cooperatives (cattle, weaving, sewing, dairy, baking, tourism, agriculture) that employ the residents, a health clinic which provides prevention and interventive care to every member of the community, a K-12 education system with fully accredited teachers, an environmental plan for the full reforestation and protection of natural resources, a thriving church community with a convent and lay leadership and continued commitment to a consciousness of communal wellbeing for all peoples and the absence of the gang violence present throughout El Salvador; and
WHEREAS: Now is a critical time for a Sister City visit as this thriving community is experiencing several crises including a serious water shortage following many years of draught and government policies that have removed key financial resources from the rural communities; and
WHEREAS: The popular movements and Salvadoran social organizations supporting the rural communities and human rights and democracy are facing threats to their safety including imprisonment by the government; and
WHEREAS: In April 2023 a Sister City delegation will return to Las Flores to renew our person-to-person relationship following the COVID interruption with delegates including City Councillor Dennis Carlone, CRLS students Ila Mehta, Isla Agnew, and Maude Ullmann, a young Salvadoran-American activist named Ellie Cordero, along with bilingual educators Nancy Macias-Smith and Sarah Bruhn of Somerville, and long-time Sister City members Sarah Davila, Rachel Wyon, Jessie Auger, and Cathy Hoffman; and
WHEREAS: The delegates have been working with a broad variety of community groups, educators, immigrant rights projects, and neighborhood and municipal organizers in both Cambridge and Somerville to raise funds and awareness of the situation in El Salvador and our local areas; now therefore be it
RESOLVED: That the Cambridge City Council send a strong message of solidarity to the Mayor, Municipal Council, and Community Council of San José Las Flores in recognition of the successes and persistence of the community, as well as to the Sister City staff and CRIPDES organizing support; and be it further
RESOLVED: That the Cambridge City Council particularly recognizes the work of San José Las Flores in creative programming in caring for elders, as well as promoting health, education, and housing for all members of the community, the environmental innovations, and work to memorialize history; and be it further
RESOLVED: That the Cambridge City Council supports the mission of the April delegation to strengthen the contact between Cambridge and El Salvador and to foster ties between the municipalities as well as community-building in our home communities; and be it further
RESOLVED: That the Cambridge City Council welcome a report back from the delegates upon their return.
O-7 Apr 3, 2023 Amended
MAYOR SIDDIQUI
COUNCILLOR SIMMONS
WHEREAS: It has come to the attention of the City Council that National Public Health Week, organized by the American Public Health Association, is celebrated across the country from Apr 3–9 with an ongoing focus on creating the healthiest nation in one generation by ensuring everyone has a chance to live a long and healthy life; and
WHEREAS: As a nation, we must address the underlying societal causes of poor health, such as racism, discrimination, barriers to a quality education and good jobs; violence; and unsafe housing and workplaces; and we must better understand how race, ethnicity, nationality, sexual orientation, gender identity, and disability status affects one’s physical and mental health; and
WHEREAS: While the COVID-19 pandemic disrupted all of our lives in untold ways, it had a disproportionate impact on groups who have historically faced discrimination and economic hardship in the U.S., including people of color, elderly adults, people with disabilities, and the LGBTQ+ community; and
WHEREAS: The City made an extraordinary commitment to public health during the pandemic from vaccine clinics, free testing sites, and awareness campaigns to creating a temporary homeless shelter and providing funding for housing, food, and other services to residents in need; and
WHEREAS: The federal government and Massachusetts will declare an end to the COVID-19 public health emergency in May, but the work to address the inequities and other public health issues laid bare by the pandemic must continue; now therefore be it
RESOLVED: That the City Council go on record proclaiming Apr 3–9, 2023 as Cambridge Public Health Week in special appreciation of the extensive work on the part of City government, community organizations, businesses, and residents to respond to COVID-19 and of their longstanding commitment to building a more equitable and healthier city; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Derrick Neal, Chief Public Health Officer at the Cambridge Public Health Department on behalf of the entire City Council.
O-8 Apr 3, 2023
VICE MAYOR MALLON
WHEREAS: In a communication received from the City Solicitor on April 3, 2023, the Law Department has opined that to be consistent with the Supreme Judicial Court ruling in Barron v. Kolenda, that the City Council Rule 38.6 be amended as follows:
Rule 38.
6. All persons shall confine their remarks to the question under debate and avoid personalities. The following will not be tolerated: uttering fighting words, slander, speeches invasive of the privacy of individuals, unreasonably loud or repetitive speech, and/or speech so disruptive of City Council proceedings that the legislative process is substantially interrupted. Any person engaging in behavior that disrupts the proceedings such that the legislative process is substantially interrupted will be warned once by the Chair that if their disruptive behavior continues, they will be requested to withdraw from the meeting, and if the behavior continues, the speaker will be asked to withdraw from the meeting. If the speaker does not withdraw from the meeting as requested by the Chair, the Chair may authorize a constable or other officer to remove the person from the meeting.
Rule 32B. The time devoted to public hearings shall not be more than two (2) hours at any one sitting. Any hearing not completed within the specified time may be continued to another meeting.
Any individual appearing before the City Council at a public hearing and claiming to represent another as agent or otherwise in the matter of being heard shall file with the City Council a written authorization signed by the individual, organization, or corporation whose interests such individual represents.
There shall be a three (3) to five (5) minute time limit for each speaker or, at the discretion of the Chair where because the number of speakers or other circumstances would cause difficulty in completing the agenda for the hearing for each speaker to express their views on the matter being heard by the City Council. Speakers will be required to address themselves solely to the issue which is before the City Council for discussion and shall not engage in personal or rude remarks.
In all hearings before the City Council, the case of the petitioner shall be submitted first, except in matters affecting acceptance of highways or taking by right of eminent domain.
WHEREAS: Rule 12 also references public comment, and should be amended as follows:
Rule 12. Every member, when about to speak shall respectfully address the Chair, and wait to be recognized. The member shall confine their remarks to the question under debate and avoid personalities. During debate each Councillor will state their comments clearly and concisely with the understanding that other members are waiting to present their comments.
ORDERED: That the City Council amend Rules 38.6, 32B, and 12 to align the City Council Rules with the decision made in Barron v. Kolenda.
AWAITING REPORT LIST
19-66. Report on whether it is possible to reduce or eliminate Building Permit Fees for 100% affordable housing development projects, through an exemption or other means and investigate what types of real estate tax abatements are possible for 100% affordable housing moving forward.
Vice Mayor Devereux, Mayor Siddiqui, Councillor Carlone, Councillor McGovern (O-3) from 6/3/2019
19-147. Report on installing hearing loop technology inside the Sullivan Chamber as part of the upcoming renovations to City Hall, and in other critical City meeting venues wherever possible and other accessibility improvements.
Councillor Zondervan (O-4) from 10/28/2019
20-6. Report on the acquisition and implementation of interpretation services for City Council meetings and other public City meetings.
Councillor Sobrinho-Wheeler, Councillor McGovern (O-8) from 1/27/2020
20-27. Report on the advantages and disadvantages of continuing with Civil Service, and the process by which Cambridge could exit Civil Service.
Councillor Nolan (O-5) from 6/22/2020
20-60. Report on analyzing eviction data from 2018 through 2021 and come back with a plan on how to use this data to inform our next action steps.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Simmons, Councillor Sobrinho-Wheeler (O-8) from 11/2/2020
20-72. Report on the condition of 105 Windsor Street and cost estimates of any repairs needed and provide recommendations on how to develop any other underused properties based on an inclusive public process centered in the Port neighborhood.
Councillor Zondervan, Mayor Siddiqui, Councillor Carlone, Councillor Simmons (Calendar Item #1) from 12/14/2020
21-9. Report on providing an overview of various programs and services that are designed to assist the City’s chronically unhoused population and those in danger of becoming unhoused, along with the metrics by which the City determines the effectiveness of these programs.
Councillor Simmons, Councillor McGovern, Councillor Toomey, Vice Mayor Mallon (O-1) from 2/22/2021
21-10. Report on whether or not the City can require written notice be sent to all abutters, both property owners as well as tenants, regarding the scheduling of a hearing regarding the extension of a building permit request to the Planning Board.
(O-5) from 2/22/2021
21-14. Report on presenting options to the Council to ensure that the staff at Albany Street are properly compensated for their work, and that guests are treated with the respect and dignity they deserve.
Councillor Zondervan, Councillor McGovern, Councillor Sobrinho-Wheeler (Calendar Item #3) from 3/8/2021
21-29. Report on updating the Parental Leave Policy for employees.
Mayor Siddiqui, Councillor Carlone, Councillor Nolan, Councillor Simmons (O-7) from 4/26/2021
21-30. Report on increasing the affordable homeownership stock over the next 10 years by financing the construction of affordable homeownership units through a bond issue of no less than $500 million.
Councillor Zondervan, Councillor Simmons (Calendar Item #1) from 5/3/2021
21-36. Report on developing a holistic plan for managing the traffic and congestion in the Alewife area.
Councillor Nolan, Vice Mayor Mallon (O-2) from 5/17/2021
21-43. Report on referring the Cambridge HEART proposal for funding consideration and to engage in a public community process to discuss this proposal and its implementation.
Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Carlone, Councillor Zondervan (Calendar Item #1) from 6/7/2021
21-46. Report on the feasibility of purchasing properties for sale in the Alewife area to address City goals.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan, Councillor Carlone (O1) from 6/14/2021
21-50. Report on providing an update on the cost of each license and permit required by businesses, which business license and permit fees are set under state law, which are set by ordinances, and which are determined administratively, as well as which licenses and permits the City has the discretion to waive entirely.
Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Councillor Nolan, Councillor Zondervan (O-9) from 6/14/2021
21-60. Report on reviewing the residential parking permit program to determine whether the criteria for this program can be modified to limit the issuance of residential permits to vehicles that are primarily utilized for personal, non-commercial use.
Councillor Simmons (O-3) from 9/13/2021
21-67. Report on working with the staff at the Cambridge Historical Commission, the DCR Commissioner, and members of Cambridge’s state delegation to approve, fund and execute the design and installation of a suitable historic marker by April 2022 to recognize the vision of Frederick Law Olmsted and others in transforming the Cambridge riverfront landscape.
Councillor Carlone, Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Zondervan (O-6) from 9/27/2021
21-71. Report on placing a cricket field in one of the Cambridge parks.
Mayor Siddiqui, Councillor Carlone, Councillor McGovern, Councillor Sobrinho-Wheeler (O-5) from 10/18/2021
21-74. Report on supporting the Uplift the Solar Energy Industry in Massachusetts coalition.
Councillor Nolan, Councillor Zondervan (O-12) from 10/18/2021
21-94. Report on proposing possible zoning language that would achieve the goals of incentivizing all construction to be fossil fuel free through a possible special permit process.
Councillor Nolan, Mayor Siddiqui, Councillor Zondervan, Councillor Sobrinho-Wheeler (O-1) from 12/13/2021
21-98. Report on Reaffirming Commitment to the Goal of 100% Renewable by 2035.
Councillor Zondervan, Councillor Carlone, Councillor Nolan (O-5) from 12/13/2021
22-2. Report on meeting with the impacted residents and businesses on northern Massachusetts Avenue to discuss their ideas and suggestions for addressing their concerns.
Councillor Simmons, Councillor Toomey (Calendar Item #2) from 1/10/2022
22-7. Report on providing a legal analysis of what uses are currently permitted on the golf course land, information on the history, residency and other demographic information on membership data of golf course users, and any environmental constraints.
Councillor Nolan, Councillor Carlone, Councillor Zondervan, Councillor Azeem (Calendar Item #1) from 1/31/2022
22-8. Report on determining the feasibility of establishing additional compensation for the City’s essential employees in accordance with the considered State legislation framework.
Councillor Simmons, Councillor McGovern, Councillor Azeem, Councillor Toner (O-1) from 2/7/2022
22-13. Report on determining how to better integrate more parent response into their decision-making process as they make changes that can have undue impacts upon the families they serve.
Councillor Simmons, Councillor McGovern (O-3) from 3/7/2022
22-14. Report on the findings of the “Future of Telework” Committee, and to explain the city’s current policy regarding a remote work policy.
Vice Mayor Mallon (O-5) from 3/7/2022
22-23. Report on providing an analysis of the impact of current curb cut policies, including (but not limited to) an explanation of the administration’s current procedures for notifying and conducting outreach to abutters and neighbors, the criteria for evaluating curb cut applications, and an approximation of the number of residential parking spaces that have been lost to new curb cuts each year over at least the last decade.
Councillor Zondervan, Councillor Toner (O-8) from 4/11/2022
22-24. Report on determining what repairs to 205 Western Avenue would be needed to inhabit the space to allow the Cambridge Community Center to house their program.
Vice Mayor Mallon, Councillor McGovern, Mayor Siddiqui, Councillor Azeem, Councillor Carlone, Councillor Simmons, Councillor Nolan, Councillor Toner, Councillor Zondervan (O-1) from 4/25/2022
22-28. Report on looking into the feasibility of placing a covered bike rack at City Hall using FY23 Capital Budget Funding. Report Received and Accepted In Council Feb 27, 2023
Vice Mayor Mallon, Councillor Nolan, Councillor Azeem (O-2) from 5/2/2022
22-29. Report on introducing a pilot program to open two of our youth centers during the evening and weekend hours during the summer.
Vice Mayor Mallon, Councillor Azeem, Councillor McGovern, Councillor Simmons, Councillor Carlone, Councillor Nolan, Councillor Toner, Councillor Zondervan, Mayor Siddiqui (O-1) from 5/9/2022
22-30. Report on adding $1.94 linkage fee to Housing Contribution Rate that is specifically targeted for job training.
Councillor Simmons, Councillor Azeem, Councillor Carlone, Councillor McGovern from 5/9/2022
22-33. Report on consulting with the Executive Director of the Council on Aging, Somerville and Cambridge Elder Services, and the Executive Director of Cadbury Common to determine the feasibility of re-establishing some form of the Kate’s Café Monthly LGBTQ+ Community Dinners either at Cadbury Common or at another suitable location.
Councillor Simmons, Vice Mayor Mallon, Mayor Siddiqui (O-2) from 5/16/2022
22-35. Report on ensuring that every possible material used in construction projects are as safe and healthy and free of potential toxins as possible, and ensure that all construction and manufacturing vendors commit to disclosing all ingredients and using non-toxic materials.
Councillor Nolan, Mayor Siddiqui, Vice Mayor Mallon (O-6) from 5/16/2022
22-36. Work on Implementing Recommendations from Working IDEAL Report.
Councillor Simmons (O-2) from 5/23/2022
22-38. Report on establishing a method of ensuring that anti-bias training is incorporated into the City’s hiring process at all levels.
Councillor Simmons (O-4) from 5/23/2022
22-40. Report on developing a standardized, transparent, and cohesive community engagement plan for the entire, department-wide municipal government.
Councillor Simmons (O-4) from 6/6/2022
22-42. Report on directing the appropriate City staff to establish a “community healing initiative” plan to address the issues in our city.
Councillor Simmons (O-3) from 6/13/2022
22-43. Report on establishing a notification system to all neighborhood residents, regardless of whether they own or rent their homes, within a set area where neighborhood disruptions such as infrastructure work or demolitions are scheduled to occur.
Councillor Simmons (O-4) from 6/13/2022
22-44. Report on working with DCR and all relevant City departments to expand Memorial Drive closures in the summer and fall of 2022. Report Received and Accepted In Council Dec 5, 2022
Councillor Zondervan (O-6) from 6/13/2022
22-46. Report on a plan for piloting more street closures for pedestrianization in Harvard Square.
Councillor Nolan, Mayor Siddiqui, Councillor Carlone, Vice Mayor Mallon (O5) from 6/27/2022
22-49. Report on Establishing a Task Force on Cambridge’s African American/Black Residents.
Councillor Simmons (O-7) from 8/1/2022
22-50. Report on establishing Black Men and Boys Commission.
Councillor Zondervan, Councillor McGovern, Councillor Azeem, Mayor Siddiqui, Councillor Simmons (O-8) from 8/1/2022
22-55. Report on the status of the long-term water projections and on what measures could be taken to conserve water.
Councillor Nolan, Councillor Azeem, Mayor Siddiqui, Vice Mayor Mallon (O14) from 8/1/2022
22-57. Report on Policy Order to investigate shared EV or Hybrid free bus service.
Councillor Toner, Mayor Siddiqui, Councillor Carlone, Councillor Azeem, Vice Mayor Mallon, Councillor Simmons, Councillor McGovern, Councillor Nolan, Councillor Zondervan (O-16) from 8/1/2022
22-61. Report on communicating to the Cambridge Health Alliance the City Council’s support for the reopening of the Cambridge Birth Center for deliveries as soon as possible and City Council support for the protection of existing birth centers and the creation of new birth centers in Cambridge.
Councillor Nolan, Mayor Siddiqui, Councillor Simmons, Vice Mayor Mallon (O-9) from 9/12/2022
22-64. Report on t detailing how other comparable municipalities handle their street corner dedication processes and on ways to honor those individuals who may not ultimately have a street corner named after them but who nonetheless deserve to have their names and accomplishments recognized.
Councillor Simmons (O-2) from 9/19/2022
22-66. Report on a plan to install “Walls of Honor” at each home baseball and softball field honoring past and current coaches and volunteers.
Councillor Toner, Councillor McGovern, Councillor Azeem, Councillor Simmons (O-4) from 9/19/2022
22-67. Report on necessary preparations for the next Housing Committee meeting in the discussion on potentially allowing multifamily housing to be built citywide.
Councillor Azeem, Councillor Simmons (O-6) from 9/19/2022
22-68. Report on touring the facility at 2222 Massachusetts Avenue regarding transitioning the facility into a non-congregate homeless shelter with accompanying services.
Councillor Zondervan, Councillor McGovern, Councillor Azeem (O-10) from 9/19/2022
22-69. Report on a community process on the future use of 105 Windsor Street.
Councillor Zondervan, Mayor Siddiqui, Councillor Carlone (O-11) from 9/19/2022
22-70. Report on the legislation passed by the Somerville City Council banning limited services pregnancy centers.
Vice Mayor Mallon (Calendar Item #3) from 10/3/2022 Committee Report
22-71. Report on convening an advisory group to determine ways in which the City can work to lift up the voices and experiences of the descendants of the Indigenous People who currently reside in our community.
Councillor Simmons, Councillor Azeem, Councillor McGovern, Councillor Toner (O-1) from 10/3/2022
22-73. Report on working with the Law Dept., to automatically provide an initial legal opinion to the City Council and the City Clerk at least three business days in advance of the first Public Hearing on any amendment to the Code of Ordinances formally introduced in the City Council.
Councillor Zondervan, Vice Mayor Mallon, Councillor McGovern (O-7) from 10/3/2022
22-74. Report on installing a new irrigation system in Danehy Park as soon as possible and better prepare for tree watering efforts in the future and report on any needed or ongoing irrigation improvements to other parks across the city.
Councillor Nolan, Councillor Toner, Councillor Zondervan, Mayor Siddiqui, Councillor Carlone (O-9) from 10/3/2022
22-75. Report on receiving input from the Vision Zero, Pedestrian, Bicycle Committee, the Council on Aging, the Transit Advisory Committee, the Commission for Persons with Disabilities Advisory Board, Cambridge Police Department, and any other departments, to review and revise the Cambridge Street Code, promulgate the updated guide throughout the city, and develop recommendations for staffing and methods of improving traffic enforcement.
Councillor Toner, Vice Mayor Mallon, Councillor Simmons, Councillor McGovern (Calendar Item #2) from 10/17/2022
22-79. Report on meeting with and receiving input from residents living on the streets in the impacted area to discuss strategies to mitigate and reduce overflow and cut through traffic, including the aforementioned proposals, or other traffic calming or traffic diversion methods. See Mgr #3
Councillor Toner, Councillor Simmons, Councillor Carlone (Calendar Item #1) from 11/14/2022
22-80. Report on providing a comprehensive list of current Cambridge policies that impact the cost of local commercial and residential development and those that are known to be in the pipeline, to note whether similar policies exist in the neighboring cities of Boston and Somerville.
Councillor Simmons, Councillor Toner, Councillor McGovern, Councillor Azeem (Calendar Item #2) from 11/14/2022
22-83. Report on determining how the City could adopt G.L. c. 40, sec. 60B, created under the Municipal Modernization Act, which allows cities and towns, through their respective legislative bodies, to provide for Workforce Housing Special Tax Assessments Zones (WH–STA) as an incentive to create middle-income housing.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Simmons, Councillor McGovern (O-16) from 11/21/2022
23-2. Report on the need for a special permitting process for cannabis dispensaries, special permitting fees and bicycle parking requirements that are required of local recreational cannabis dispensaries, to provide a report on how the special permit process, and these requirements may impact these businesses, to determine whether these requirements may need to be modified or eliminated.
Councillor Simmons, Councillor Toner (O-3) from 1/23/2023
23-3. Report on determining the feasibility of purchasing the property located at 37 Brookline Street, former home of Peter Valentine, with the intent of utilizing this as a community arts space.
Councillor Simmons, Councillor Zondervan, Councillor McGovern, Councillor Azeem (O-4) from 1/23/2023
23-4. Report on establishing the framework that will allow for the immediate elimination of the bicycle parking fees imposed upon Economic Empowerment and Social Equity applicants and cannabis dispensary operators.
Councillor Simmons (Calendar Item #2) from 2/6/2023
23-6. Report on determining the best ways to promote bike safety with a particular focus on expanding the distribution of bike lights throughout the City.
Councillor McGovern, Vice Mayor Mallon, Councillor Azeem, Councillor Zondervan (O-3) from 2/6/2023
23-7. Report on providing publicly-accessible traffic stop, arrest and citation police data on a new Procedural Justice Dashboard.
Vice Mayor Mallon, Councillor Azeem, Mayor Siddiqui, Councillor McGovern (O-4) from 2/6/2023
23-8. Report on exploring additional less-than-lethal alternatives that pose the smallest risk of injury when deployed for standard issue in the Cambridge Police Department.
Councillor Azeem, Councillor Toner, Councillor Simmons (O-7) from 2/6/2023
23-10. Report on engaging with community groups and the City’s existing multi-member bodies to design the next iteration of the Cambridge Community Electricity Aggregation program.
Councillor Nolan, Councillor Zondervan, Mayor Siddiqui, Vice Mayor Mallon (O-11) from 2/6/2023
23-11. Report on reviewing the current state of mental health resources, particularly for underserved communities, within the Cambridge Health Alliance.
(O-12) from 2/6/2023
23-12. Report on options of how to increase overnight resident street parking in the vicinity of Rogers Street.
Councillor Zondervan (O-13) from 2/6/2023
23-13. Report on evaluating the feasibility of financially supporting free meals for all students for the School Year 2023/24.
Vice Mayor Mallon, Mayor Siddiqui, Councillor McGovern (O-4) from 2/13/2023
23-15. Report on continuation of Riverbend Park closures on Saturdays and Sundays.
Councillor Azeem, Councillor Zondervan, Councillor Nolan, Vice Mayor Mallon (Calendar Item #1) from 2/27/2023
23-16. Report on Police Details and the need for having armed vs. unarmed officers and the possibility of having civilian flaggers.
Councillor Toner, Councillor McGovern, Councillor Simmons, Councillor Carlone (Calendar Item #2) from 2/27/2023
23-17. Report on the feasibility of automated traffic enforcement as well as using unarmed CPD traffic details for future discussion Automated/Unarmed Traffic Enforcement.
Councillor Azeem, Councillor Zondervan, Mayor Siddiqui, Councillor Carlone, Councillor Nolan (Calendar Item #3) from 2/27/2023
23-18. Report on creating a policy that will ensure the City is notified whenever a high-rise building over six floors experiences elevator failures.
Councillor Simmons (O-1) from 3/6/2023
23-19. Report on the feasibility of installing Automated External Defibrillator’s at all public parks and practice fields, and any other public place as appropriate.
Vice Mayor Mallon, Councillor Nolan, Councillor McGovern, Councillor Toner (O-2) from 3/6/2023
23-20. Report on the feasibility of providing municipally-funded housing vouchers similar to programs in Somerville and Boston.
Mayor Siddiqui, Vice Mayor Mallon, Councillor McGovern, Councillor Simmons, Councillor Azeem, Councillor Carlone, Councillor Nolan, Councillor Toner, Councillor Zondervan (O-6) from 3/6/2023
23-21. Report on funding the HEART initiative and negotiate a contract for services with HEART, to include but not limited to HEART responding to certain 911 calls.
(Calendar Item #1) from 3/20/2023
23-22. Report on providing a license agreement, as well as direct financial and regulatory support for the continued and uninterrupted operation of Starlight Square.
Mayor Siddiqui, Vice Mayor Mallon, Councillor McGovern, Councillor Simmons, Councillor Azeem, Councillor Carlone, Councillor Nolan, Councillor Toner, Councillor Zondervan (O-4) from 3/20/2023