5. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $1,771,000 from Free Cash to the General Fund Public Works Other Ordinary Maintenance account which will be used for snowstorm related expenses associated with snow plowing and snow removal contracts, salt, and other materials.
Order Adopted 9-0

Apr 12, 2021
To the Honorable, the City Council:

I am hereby requesting an appropriation of $1,771,000 from Free Cash to the General Fund Public Works Other Ordinary Maintenance account.

Funds will be used for snowstorm related expenses associated with snow plowing and snow removal contracts, salt, and other materials. The 2020-2021 season saw 45 inches of snow with four (4) plowing and snow removal events utilizing the services of private contractors together with eighteen (18) salting events which are managed by in-house crews.

Very truly yours,
Louis A. DePasquale
City Manager

6. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $650,000 from Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account to fund the procurement of three pieces of equipment for use in snow and ice operations.
Order Adopted 9-0

Apr 12, 2021
To the Honorable, the City Council:

I am hereby requesting an appropriation of $650,000 from Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account to fund the procurement of three pieces of equipment for use in snow and ice operations.

Funds will be used to purchase a new large salter which will replace a 19-year-old salter. The vehicle which will be replaced is the oldest in the fleet and used for every snow and salting event during the winter season.

Funds will also be used to purchase two sidewalk/bike lane tractors which will be important additions to the fleet. The two new tractors will allow for the clearing of up to 5 additional miles of protected bike lanes, which are planned to be installed prior to the 2021/2022 winter season.

Very truly yours,
Louis A. DePasquale
City Manager

7. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $400,000 from Free Cash to the Public Works Public Investment Fund Extraordinary Expenditures account to fund snowstorm related street repairs.
Order Adopted 9-0

Apr 12, 2021
To the Honorable, the City Council:

I am hereby requesting an appropriation of $400,000 from Free Cash to the Public Works Public Investment Fund Extraordinary Expenditures account to fund snowstorm related street repairs.

Street repairs are required because of winter weather damage. This winter saw 45 inches of snow with four (4) plowing and snow removal events and eighteen (18) salting events. This is an annual appropriation request that is driven year to year by the number of snow events and level of damage to various streets.

Very truly yours,
Louis A. DePasquale
City Manager

CHARTER RIGHT
1. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $130,000 from Free Cash to the Public Investment Fund Electrical Extraordinary Expenditures account which will fund the purchase of a new aerial bucket truck. [CHARTER RIGHT EXERCISED BY COUNCILLOR NOLAN IN COUNCIL APR 5, 2021]
Order Adopted 8-1 (Nolan - NO)

Apr 5, 2021
To the Honorable, the City Council:

I am hereby requesting as appropriation of $130,000 from Free Cash to the Public Investment Fund Electrical Extraordinary Expenditures account. This appropriation will fund the purchase of a new aerial bucket truck.

The new vehicle will replace an existing 17 year old aerial bucket truck with a smaller model. The truck will include a complete fit out with emergency lights and exterior cabinets.

The new truck will be used for streetlight repairs, holidays lighting and maintaining the municipal fire alarm and city fiber network and will be able to lift personnel to safely perform these and related duties.

Very truly yours,
Louis A. DePasquale
City Manager

2. That the City Council go on the record in support of this session’s proposed TOPA bills, SD.1672 and HD.2984, and in urging the Cambridge State Legislative Delegation to advance this legislation to swift passage.   Councillor Sobrinho-Wheeler, Mayor Siddiqui, Councillor Zondervan, Councillor Carlone
Resolution Adopted 8-1 (Toomey - NO)

R-2     Apr 12, 2021
COUNCILLOR SOBRINHO-WHEELER
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE

WHEREAS: Companion bills titled “An Act to guarantee a tenant’s first right of refusal”— colloquially referred to as the “Tenant Opportunity to Purchase Act” (TOPA)—have been filed by Senator Jehlen as SD.1672 in the Massachusetts Senate and Representatives Livingstone and Consalvo as HD.2984 in the Massachusetts House; and

WHEREAS: Similar legislation filed last session passed both the House and Senate as Section 83 of the legislature’s omnibus economic development bill, “An Act Enabling Partnerships for Growth” (H.5250), a section which was subsequently line-item vetoed by Governor Baker; and

WHEREAS: The recently submitted TOPA bills are enabling legislation that would allow municipalities to grant priority purchasing rights to a building’s tenants when the owner puts the property up for sale or enters foreclosure, allowing tenants to purchase their building collectively or with the assistance of a municipality, nonprofit, or trust; and

WHEREAS: This right of first refusal serves as both a tenant protection, allowing tenants to decide their home’s fate themselves rather than risk being displaced by a new owner’s rent hike or condominium conversion and a flexible policy tool for the preservation and accumulation of long-term affordable housing; and

WHEREAS: TOPA was enacted in Washington, DC in 1980, where it has preserved nearly 1,400 units of affordable housing as of 2013 and created approximately 4,400 limited equity units as of 2019; and

WHEREAS: Home prices have soared during the pandemic not only in the Boston area but also nationwide despite record-breaking unemployment and decades-long wage stagnation, underscoring the need for more affordable housing policy tools; and

WHEREAS: TOPA would create more opportunities to preserve long-term rental and homeownership affordability—including in the forms of co-operative housing and community land trusts—outcomes in line with the Council’s goals to “increase access to affordable housing for all income groups” and “Ensure that Cambridge offers economic and educational opportunity to all”; now therefore be it

RESOLVED: That the City Council go on the record in support of this session’s proposed TOPA bills, SD.1672 and HD.2984, and in urging the Cambridge State Legislative Delegation to advance this legislation to swift passage; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to the Cambridge State Legislative Delegation on behalf of the City Council.

2. A communication was received from Mayor Siddiqui, transmitting questions for the COVID-19 Update.
Placed on File

COVID-19 UPDATE QUESTIONS

VICE MAYOR MALLON
1. Can you give an update on the Metro North Vaccine Partnership now that the state is receiving more doses from the federal government and 4/19 is rapidly approaching? Will the site in Somerville, that is currently open only for CHA patients, and the other identified locations be opening soon to non-CHA patients as part of the regional partnership?

2. Can you give an update on the homebound vaccine program, how many people have been signed up, how are you contacting residents who might be eligible?

COUNCILLOR NOLAN
1. What is the city doing to ensure that outdoor learning spaces - including tents wherever needed or possible, including the CRLS tennis courts - are in place for students?

2. What are we communicating to the residents about what types of activities and travel may be planned after vaccination? And do we have any sense of whether schools/universities at any level will be requiring vaccinations when they open this fall?

MAYOR SIDDIQUI
1. Is our biobot surveillance able to pick up all variants? If not, what are options for continued surveillance?

COUNCILLOR SOBRINHO-WHEELER
1. The most recent COVID-19 Expert Advisory Panel notes from March 24 says, “Collection of contact information from [restaurant] patrons is specified in the State’s minimum requirements for this sector posted as the Safety Standards and Checklist for Restaurants (Mar 22, 2021). According to CTC staff, collection of this information among Cambridge restaurants is not very consistent and could be improved.” Could you talk more about what contact information has been missing? What can the City do to better support local restaurants in collecting contact tracing information, which is really important to control the recent surge in COVID cases?

2. Since the beginning of the year, Cambridge has seen 22 eviction filings at the Avalon North Point development-which includes a number of affordable housing units through the City’s inclusionary zoning ordinance-and another 23 eviction filings from other property owners. While landlords may continue to file paperwork for eviction, Cambridge’s eviction moratorium remains in effect. Does the City have more information about eviction causes listed in the filings? How many are for non-payment, how many are for purported lease violations, etc.? Do we know if any of these eviction cases are aimed at tenants living in the affordable housing units?

COUNCILLOR ZONDERVAN
1. There’s a lot of news around the B.1.1.7 variant spreading through youth athletics and other out of school activities. As we reopen the city and make supervised sports and recreational activities available to young people, how do we ensure everyone’s safety is maximally protected?

TEXT OF ORDERS
O-1     Apr 12, 2021
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
WHEREAS: On March 12, 2020, Governor Baker issued an executive order authorizing municipalities to conduct public meetings virtually, and allowing residents to give public comment remotely; and
WHEREAS: In the 13 months since that emergency executive order was issued, members of the Cambridge community have urged the City to ensure that the option for remote public participation in City Council meetings, and at meetings of the City’s boards and commissions, be allowed to continue even after the Governor’s emergency order is lifted; and
WHEREAS: The City Council passed a policy order on March 22, 2021 asking the City Manager “…to explore options for including a permanent remote participation option at all public meetings in the city, including, but not limited to, the Planning Board and the BZA;” now therefore be it
ORDERED: That the City Council formally goes on record in supporting the concept of permanently extending the ability for members of the public to remotely participate in meetings of the City Council and meetings of the City’s boards and commissions; and be it further
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an update on any progress made in response to the aforementioned policy order from March 22, 2021; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to draft the necessary language to petition the Commonwealth for permission to make remote participation for members of the public a permanent option in City Council meetings, and in board and commission meetings, to make remote participation by a quorum of the members of a public body a permanent option, to determine whether the City may wish to partner with other local municipalities in asking for this rule change in the State Legislature, and to report back to the City Council on this matter in a timely manner.

O-2     Apr 12, 2021
COUNCILLOR ZONDERVAN
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
WHEREAS: There has been recent discussion within the City Council around exploring the feasibility of making remote public participation a permanent feature for all City Council meetings, and meetings of the City’s boards and commissions, going forward; now therefore be it
ORDERED: That the City Manager be and hereby is requested to determine ways of making remote participation to the City’s public meetings more accessible, including (but not limited to) easing the process of signing up for Public Comment, allowing members of the public to view meetings via Zoom even when they may not wish to provide Public Comment, allowing members of the public to turn on their cameras when giving Public Comment, and exploring other ways and technologies that can make it easier for members of the public to participate in City Council, board and commission meetings; and be it further
ORDERED: That the City Manager be and hereby report back to the City Council on this matter in a timely manner.

O-3     Apr 12, 2021
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
COUNCILLOR TOOMEY
MAYOR SIDDIQUI
WHEREAS: In years past, the Multi Service Center hosted weekly hours from legal students affiliated with Shelter Legal Services in order to provide general legal advice to the Multi Service Center’s unhoused clients and to veterans; and
WHEREAS: While this service was eventually discontinued due to the lack of funding, the need for free legal advice for the City’s most vulnerable residents remains an ongoing concern; and
WHEREAS: As we look toward the day when the Governor’s Covid Era eviction moratorium is lifted, there will surely be an increased need for a program that provides the City’s residents – particularly seniors on a fixed income, our unhoused community, and our veterans – to be able to consult with an attorney for guidance, advice, and direction; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the appropriate City personnel to re-establish funding for a visiting attorney to be situated in the Multi-Service Center and/or the Senior Center, with a focus on services provided to the unhoused community, to seniors, and to veterans; and be it further
ORDERED: That the City Manager be and hereby is requested to provide an update on this matter to the City Council in a timely manner.

O-4     Apr 12, 2021
COUNCILLOR MCGOVERN
MAYOR SIDDIQUI
COUNCILLOR SIMMONS
VICE MAYOR MALLON
WHEREAS: The Cambridge Police Department comes into contact with individuals for various reasons; and
WHEREAS: At times, individuals have raised concerns regarding their interactions with the CPD; and
WHEREAS: The City and CPD have a system in place for individuals to file complaints and concerns regarding their interactions with the CPD, however, many individuals do not know of, or know how, to access this system; now therefore be it
ORDERED: That the City and CPD create laminated, information cards detailing how an individual can file complaints and concerns regarding their interactions with CPD and that these cards be made readily available to the public.

O-5     Apr 12, 2021
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR CARLONE
COUNCILLOR SIMMONS
WHEREAS: On Tuesday, March 27, 2018, the Civic Unity Committee held a public hearing to discuss whether the City’s Boards and Commissions adequately reflect the demographic makeup of the community; and
WHEREAS: The members of the Civic Unity Committee discussed a potential survey to ascertain information about who served on the City’s Boards and Commissions; and
WHEREAS: The survey report was completed in August 2019, and of the 266 responses, 73% were white individuals, and 30.8 % were 65 years of age and older; and
WHEREAS: Themes that came up during the survey to increase diversity were to: (1) improve recruitment methods, (2) simplify the application process, (3) make it easier to apply, (4) ensure information is widely available and accessible, (5) diversify boards and commissions and (6) provide additional support for members, including food, childcare, a stipend; and
WHEREAS: The City Manager stated his commitment to diversify the City’s Boards and Commissions, specifically stating that over 50% of appointees in the last 10 months have been people of color; and
WHEREAS: The need is also highlighted in Envision Cambridge, where over the course of a three-year process, the community recommended the City to diversify representation on City boards, commissions, and advisory committees, including targeted outreach and recruitment; now therefore be it
ORDERED: That the Chair of Civic Unity schedule a meeting to discuss survey results, progress made to date, and recommendations to diversify City’s Boards and Commissions.

O-6     Apr 12, 2021
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
WHEREAS: The Commonwealth of Massachusetts, over just the last month, has gone from 0% of the state being in any drought condition to 75% being categorized by the national monitoring entity as abnormally dry, including all of Cambridge’s watershed, compared to 0% of the state being in any level of drought concern one year ago; and
WHEREAS: In the summer of 2016, the Commonwealth and Cambridge experienced a serious drought that was not foreseen or prepared for and led to a financial charge to city; and
WHEREAS: The summer of 2020 also saw drought conditions, which led the City Council to urge for public communication about conserving water, and last year’s decrease in water consumption due to the pandemic-related drop in population at colleges and universities helped the city weather the drought; and
WHEREAS: Development continues to add residents and workspaces that increase the city’s water consumption, which without conservation efforts may lead to ongoing future issues with our long-term water supply; and
WHEREAS: The City Council wants the City to be prepared in the case of the current dry conditions worsening and in the long term; now therefore be it
ORDERED: That the City Manager be and is hereby requested to consult with the Water Department and report back to the City Council by the end of the month on plans for monitoring the situation, for early communication on conserving water and for instituting water savings measures, and to inform the Water Board of this request; and be it further
ORDERED: That the City Manager be and is hereby requested to work with the Water Board to report back to the City Council by the summer meeting on long term projections for the water supply based on post-pandemic conditions and development growth due to increased housing, commercial space and labs.

O-7     Apr 12, 2021  Amended
MAYOR SIDDIQUI
COUNCILLOR SIMMONS
COUNCILLOR SOBRINHO-WHEELER
VICE MAYOR MALLON
WHEREAS: Landlords and property management companies regularly use credit checks to make determinations about renting to potential tenants or employers making hiring decisions; and
WHEREAS: A low credit score or credit invisibility can limit housing choice and employment opportunities for low-income families; and
WHEREAS: For housing in Cambridge, many residents have their applications denied for inclusionary units or private apartments due to the credit check requirements set forth by management companies; and
WHEREAS: To comply with fair housing laws, all applicants applying for housing must be treated equally and under a standardized rubric, however, many of the standardized measures used, such as credit checks, create additional barriers to genuine equity and inclusion; and
WHEREAS: Credit checks also negatively impact an applicant’s credit score, oftentimes dinging 3-5 points off a credit score each time a third-party vendor, such as Experian, pull the report; and
WHEREAS: When management companies use a third-party reporting system, they base their decision to rent on the score that is given from the company, making it difficult to challenge; and
WHEREAS: The City of Cambridge and new housing developments have an opportunity to lead the charge in creating new practices on reviewing a potential tenant’s application, including creating alternative tools to assess an applicant’s ability to pay rent; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department, the Law Department, and the City Manager’s Housing Liaison to discuss and advise on ways to increase equity in the initial application process for tenants looking to rent in Cambridge that does not violate fair housing laws.

O-8     Apr 12, 2021
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR CARLONE
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
WHEREAS: The Cambridge City charter grants that “The city council shall have and exercise all the legislative powers of the city”; and
WHEREAS: Most City Councillors are not themselves lawyers and seek assistance in exercising their legislative powers as prescribed by the charter in the drafting of ordinances; and
WHEREAS: The City’s legal department has provided and will continue to provide legal research and opinions to the City Council as part of their role in representing the City; and
WHEREAS: At the Government Operations, Rules & Claims Committee meeting on the topic of adding an outside attorney line item to the City Council budget on December 4, 2019, the City’s legal department and administration affirmed that it had not been, and would not be, their intent to thwart the will of the City Council and committed “to working with the Council to find solutions that work for the Council” on legal research; and
WHEREAS: The legal department has stated that at times the large amount of work that is placed on the department delays their work responding to City Council and community priorities; and
WHEREAS: Other cities and towns in Massachusetts have experienced similar challenges and solved them by the City Council requiring its own budget for legal research to assist with the exercise of their legislative powers as prescribed by the charters in their respective municipalities; and
WHEREAS: Because the legal department represents both the City administration, which is responsible for executing the laws of the City, and the City Council, which holds the legislative powers of the City, there have at times been conflicts with drafting ordinance and policy language that the City Council has requested, such as on supporting restaurants to have acoustic music without a permit, prohibiting the use of tear gas, and limiting campaign contributions; and
WHEREAS: The City Council requiring its own budget for legal research would help solve this issue by providing the Council with a dedicated point of contact to assist with the exercise of their prescribed legislative powers under the City’s charter; now therefore be it
RESOLVED: That the City Council shall have a budget for outside legal research that shall be utilized at the discretion of the City Council when designated by a majority of members in pursuance of the Council’s authority to exercise the legislative powers of the City in drafting ordinances via an order that is voted upon in public at a scheduled City Council meeting; and be it further
RESOLVED: That the precise amount of the budget line item for outside legal research in the City Council budget shall be determined as part of the FY22 budget process but shall be not less than 5% of the total amount of the legal department’s FY22 budget.

O-9     Apr 12, 2021
COUNCILLOR SOBRINHO-WHEELER
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department to report back to the City Council on the potential impacts of removing the roof top parking exemption from the Green Roof ordinance at the April 26, 2021 City Council meeting.

O-10     Apr 12, 2021
COUNCILLOR MCGOVERN
ORDERED: That the City Manager be and hereby is request to instruct the Community Development Department to provide guidance on where to place the following amendment to the Green Roofs Zoning Petition: “That all affordable housing projects, including those that fall under the Affordable Housing Overlay, will be exempt from this section.”
ORDERED: That the City Manager report back to the council on this order by April 26, 2021.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee will meet to conduct a public hearing on the Green Roofs zoning petition.
Date: Thurs, Feb 4, 2021, 5:30pm, Sullivan Chamber
Present: Carlone (Co-Chair), McGovern (Co-Chair), Nolan, Siddiqui, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Mallon, Simmons

Councillor McGovern called the meeting to order.

Melissa Ludtke, from Mothers Out Front, made a PowerPoint presentation which is attached to these minutes. She explained that green roofs mean placing vegetation on the tops of buildings. She explained that this will reduce urban heat island affects. She explained the positive effects of green roofs on stormwater. She identified other green roofs in the state and the country. Ms. Ludtke explained the process of creating a green roof.

In response to a question from Councillor Carlone about how to implement green roofs into zoning, Ms. Ludtke explained that the petition mandated green roofs for buildings greater than 20,000 square feet or significant rehab.

In response to a question from Mayor Siddiqui about mandating green roofs, Ms. Ludtke described the experiences in Denver and Portland.

In response to a question from Councillor Sobrinho-Wheeler about when developers pay a fee in lieu of installing a green roof, Ms. Ludtke stated that the developers that she spoke with stated that green roofs would be a great benefit to residents.

Peter Ellison, from Mother’s Out Front, stated the price of a green roof can range from $50 to $75 per square foot. He explained that these costs decrease with larger roofs. He stated that the cost of green roofs is decreasing as the industry matures.

In response to a question from Councillor Nolan about the cost of green roofs being recouped in energy saving, Ms. Ludtke stated that the rents that could be charged in a market rate building with a green roof are 27% higher than a non-green roof building.

Mr. Ellison stated that green roofs help with solar and efficiency because of the ambient temperature.

Elizabeth Morris, Henry Company Director of Vegetated Roofing Assemblies & Green Roof Info Think-tank, stated that one of the biggest paybacks for these buildings, especially is the extended life of the roof membrane.

In response to a question from Councillor Zondervan about trade-offs between green roofs and solar, Ms. Ludtke stated that the petition only allows bio-solar or just solar.

Ms. Morris stated that when solar is installed directly over the plants, they share the same space, the solar panels increase in efficiency.

Iram Farooq, Assistant City Manager for Community Development, introduced city staff and providing some background on the city’s work with climate resiliency.

Jeffrey Roberts, Director of Zoning, stated that the Planning Board has not had their hearing on the petition. The current zoning that regulates green roofs in the city was adopted in 2011. He stated it was important to distinguish a green roof that is really performing environmental functions as opposed to roof decks or roof gardens. Since then, there have been some green roof has been some green roof development in Cambridge, it has not been widespread. Regarding this petition, the staff raised some issues related to the practical impacts of requiring green roofs under a broad range of circumstances.

In response to a question Councillor Nolan about the definition of significant rehab, Mr. Roberts stated that there is not a specific standard in the zoning ordinance.

Nancy Glowa, City Solicitor, stated that under both the building code and the city's demolition delay ordinance, generally the standard would be 50% or more of the value of the building.

In response to a question from Councillor Zondervan about staff concerns regarding the payment in lieu language, Solicitor Glowa stated there are some legal questions that this petition raises related to the concept of making an exaction from a property owner in order to build or rebuild their property. There is case law developed under the U.S. Constitution about whether an exaction could be considered a taking. In general, a Nexus study would be recommended if the council did want to proceed here without such an extra study.

In response to a question from Councillor Zondervan, Solicitor Glowa stated that if the payment were attached to a special permit it would be in exchange for a benefit and may be permissible.

Ms. Farooq providing some suggestions about how to link the requirement to ta special permit.

In response to a question from Councillor McGovern about the city’s other resiliency efforts, Mr. Roberts stated that process has not fully concluded yet. The direction that the group is heading is looking at green roofs as part of a broader strategy to look at urban heat island mitigation.

Councillor Carlone stated that green roofs a critical to fighting climate change. He did not believe the petition would derail the internal process.

Councillor McGovern opened the floor to public comment.

Terry Greene, 532 Huron Avenue in Cambridge spoke of the many benefits of green roofs, including climate resiliency and heat island effects.

Diane Martin, 34 Madison Avenue, spoke about the importance of climate change and the time lost in addressing its causes. She stated that green roofs will be an important step in addressing these challenges.

Nicola Williams, 8 Brewer Street in Cambridge, stated that she fully supports the petition. She spoke about the disproportionate impact of climate change on the African American community.

Zach Goldhammer, 167 Pemberton Street, spoke about the potential to grow food on green roofs.

Robert Michael Pittsley, 56 Norfolk Street, spoke in favor of the petition based on positive effect on the climate and food resiliency.

Evan Tao, 64 Highland Avenue, is a high school student in Cambridge. He spoke in support of the petition, stating that green roofs will beautify the city.

Mike Nakagawa, 51 Madison Avenue, spoke about the 2-year delay in delay in dealing with climate change. He spoke in support of the petition. He expressed concerns about slow pace of green infrastructure.

Lisa Birk, 20 Kassul Park, spoke in favor of the petition. She stated that Climate change may be the defining challenge for her son's generation. The petition will help address those challenges.

Councillor Nolan motion to close public comment.
Yea: Carlone, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Mallon, Simmons

Councillor Nolan stated that she was in favor of the petition. She described the issues related to climate change and how the petition would move the city in the right direction.

Councillor McGovern recommended that mothers out front and the city connect and go over specifically what amendments can be made to the petition.

Councillor Zondervan suggested keeping the petition in committee to wait to hear the result of the Planning Board meeting.

Solicitor Glowa suggested requesting nexus study from the City Manager.

Mr. Farooq explained what is required to complete a nexus study.

Councillor McGovern motion to suspend rules to extend meeting to 7:45pm.
Present: Carlone, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Mallon, Simmons

Councillor Zondervan moved to send the following Policy Order to the City Council:
Ordered: That the City Manager conduct a nexus study to determine the connection between building roofs and local climate impacts including urban heat island and stormwater impacts to determine the appropriate mitigation costs including through construction of bio-solar and green roofs.
Ordered: That the City Manager report back to the council as soon as possible, and that the timing of this study shall not delay the ordination and adoption of a green roof requirement.

Yea: Carlone, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Mallon, Simmons

Motion to adjourn.
Yea: Carlone, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Mallon, Simmons

1. A Zoning Petition Has been received from Amy Oliver, regarding that the City require the installation of GREEN ROOFS vegetated or Bio-Solar on future construction and significant rehab of buildings that are 20,000 square feet and larger.

2. A communication was received from Melissa Ludtke transmitting a presentation for the Feb 4, 2021 meeting of the Ordinance Committee.

3. A communication was received from Iram Farooq, Assistant City Manager / Community Development, transmitting a staff memorandum on the Green Roofs Rezoning Petition.

4. A communication was received from Lee Farris, President of the Cambridge Residents Alliance, regarding the Green Roofs Zoning Petition.

5. A communication was received from Terry A. Greene, M.S. Urban & Environmental Policy, Environmental Health Epidemiology, regarding the Green Roofs Zoning Petition.

6. A communication was received from Jim Recht, MD, Staff Psychiatrist, Cambridge Health Alliance and Assistant Professor of Psychiatry, Harvard Medical School, regarding green roof zoning petition.

---

PROPOSED ORDER     Apr 12, 2021
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR TOOMEY

WHEREAS: The Ordinance Committee met on Feb 4, 2021 to conduct a public hearing on the Green Roofs Zoning Petition.

WHEREAS: The committee voted to refer the orders below to the full city council. Now therefore be it,

ORDERED: That the City Manager conduct a nexus study to determine the connection between building roofs and local climate impacts including urban heat island and stormwater impacts to determine the appropriate mitigation costs including through construction of biosolar and green roofs.

ORDERED: That the City Manager report back to the council as soon as possible, and that the timing of this study shall not delay the ordination and adoption of a green roof requirement.

Committee Report #2
The Ordinance Committee will meet to continue a public hearing on the Green Roofs zoning petition.
Date: Wed, Mar 31, 2021, 5:30pm, Remote Meeting
Present: Carlone (Co-Chair), Mallon, McGovern (Co-Chair), Nolan, Siddiqui, Simmons (late), Sobrinho-Wheeler, Zondervan
Absent: Toomey

Councillor McGovern called the meeting to order.

Councillor Carlone explained that he submitted a communication which included a refined version of the petition. He moved to amend the petition by substitution.

Councillor Carlone moved to amend the petition by substitution with the language from his communication to the committee.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Melissa Ludtke, from Mothers Out Front, made a presentation which is attached to these minutes.

She stated that the new language increases the triggering threshold for the mandate from 20,000 square feet to 25,000 square feet. The language removes the significant renovations element. The in lieu of payments go to the Cambridge Affordable Housing Trust, and that through that trust, they be used to provide funding to affordable housing developers.

Iram Farooq, Assistant City Manager of Community Development, stated the Planning Board discussed the petition and expressed concern with a few issues. The most important concern was that the city is currently engaged in work through the resilience zoning taskforce that really dovetails with the material that is being addressed by the petition.

Jeffrey Roberts, Director of Zoning and Development, stated that the Planning Board recommended not to adopt the petition. He stated that the Planning Board was concerned that certain portions of the petition were unclear. He stated that the petitioners’ group has had some meetings with Community Development staff. Mr. Roberts stated that the changes are responsive to a number of the planning board's comments. City staff has concerns about how the petition will affect the city's net zero plan in terms of how it will interact with and potentially dissuade installation of solar energy equipment and solar panels. There was concerns about how green roofs will interact with roof top mechanicals.

In response to a question from Councillor Carlone about phasing, Ms. Farooq stated that phasing would allow people who are in the process to be able to get their required permits and not get caught in the process.

Mr. Roberts stated that the staff’s biggest concern iso the potential conflict between green roofs and solar.

Councillor Carlone stated that solar can be incorporated into a green roof.

Councillor Zondervan spoke in support of forwarding the petition to the full city council with a favorable recommendation. He did not believe that there would be a conflict between green roofs and solar installation.

In response to a question from Councillor Nolan about requiring bio-solar, Ms. Farooq stated that the staff is not recommending that because they do not know if that is technically or financially feasible in this context, at this time.

In response to a question from Councillor Nolan about existing projects that may need to be exempted, Nancy Glowa, City Solicitor, expressed a concern that there could be a challenge based on spot zoning. She stated that an effective date would allow people time to catch up to the changes in zoning before they have reached that critical stage of their planning process.

In response to a question from Councillor Nolan about roof top mechanicals, Ms. Ludtke stated that the petition seeks to cover 80% of available roof, and mechanicals are exempt from that calculation.

Peter Ellis, from Mothers Out Front, added that it is common to exempt mechanicals from the green roof calculation.

In response to a question from Vice Mayor Mallon about the climate resiliency taskforce, Mr. Roberts explained that the concluding meeting of this taskforce is planned for the following night. He stated that the completion of the report will happened shortly thereafter. He explained that the taskforce is primarily looking at flooding resilience and urban heat island mitigation, as well as some other kind of more holistic resilience measures.

In response to a question from Vice Mayor Mallon about incorporating the green roofs petition into the climate resiliency taskforce report, Ms. Farooq stated that bringing the petition back to the taskforce may extend their work.

In response to a question from Councillor McGovern about how this we impact the system that is being developed, Ms. Farooq stated that developers could get points for the green roof or the payment in lieu of, which could be a negative.

Kathy Watkins, City Engineer, stated they could use a weighted system to reflect the cooling factors of different elements.

Elizabeth Hart Morris, Henry Company Director of Vegetated Roofing Assemblies & Green Roof Info Thinktank, explained that in Portland there are a lot of green roof with solar panels. There is a lot of research that shows green roofs make solar panels function a lot more efficiently because the cool the roof down.

Councillor McGovern opened the floor to public comment.

Brian Goldberg, assistant director of MIT's Office of Sustainability, stated that he works very closely with City staff, engineers, designers on how to ground resiliency planning and science to tackle flood and heat risks. He stated that MIT supports the construction of green roofs in Cambridge and believe the climate crisis absolutely demands urgent action. He stated that the task force should be given the opportunity to present its comprehensive findings.

Elena Fagotto, 26 Bigelow street in Cambridge, stated that adding green roofs would be a tremendous benefit for all residents.

Nicola Williams, 144A Mount Auburn Street, stated that green roofs are good for the community.

Tom Lucey, 114 Mt Auburn Street, state that the use of green roofs can be an important element of the city's comprehensive strategy for sustainability and resiliency, but it should not be mandated for all situations and conditions where other approaches would be more effective and appropriate. He stated that Harvard shares the belief that the city council should be addressing the array of complex urban issues the petitioners raised. However, this petition is not the best path for a prescriptive approach would not yield the best outcome for Cambridge.

Mike Nakagawa, 51 Madison Avenue North Cambridge, stated that out of the 20 people on the Climate Resilience taskforce only two are residents. He stated that the other stakeholders have kind of twisted the recommendations that were coming out towards so called performance-based approaches where nothing is really required. He stated that if we are planting buildings on top of the spaces where trees should be growing, then we should be growing trees on top of those buildings.

Ginger Ryan, 35 Crescent Street, told the committee not to wait to address climate change. She supported the petition.

Councillor Carlone moved to close public comment.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Nolan stated that climate change is a major problem. She stated that this petition is another step in addressing the problem. She urged the committee to forward the petition to the full city council with a favorable recommendation.

Mayor Siddiqui acknowledged the work that the city staff has been doing related to climate resiliency. She stated the committee should forward the petition to the full council favorably.

Councillor Carlone spoke in support of forwarding the petition to the full city council with a favorable recommendation.

Councillor Zondervan stated that he would make a motion to ask the city manager to propose an effective date for this petition and to provide a list of which projects would be affected by this zoning petition.

In response to a question from Vice Mayor Alanna Mallon about solar, arrays Ms. Ludtke stated the reason that they did not incorporate it is because there are a whole range of systemic issues that could be dealt with through green roofs that are not dealt with through solar alone. That is why the petition included a bio-solar option.

John Bolduc, the City’s Environmental Planner, described the green roofs mandate in Denver and Washington D.C.

Ms. Farooq added that stated that city staff would recommend including an option for solar. The city has opportunities for renewable energy, like solar.

Councillor Carlone moved to suspend the rules to extend the meeting to 7:45pm.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Zondervan moved to refer the following policy order to the full city council: That the City Manager be and hereby is requested to propose an effective date for adopting the Green Roofs Zoning Petition and to provide a list of which projects would be unaffected by the new zoning as a result.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Carlone stated that he was open to amending the petition to be all biosolar.

Councillor Carlone moved to refer the petition and amendments to the full Council with a favorable recommendation.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Carlone moved to adjourn.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Documents Received
1. A Zoning Petition Has been received from Amy Oliver, regarding that the City require the installation of GREEN ROOFS vegetated or BioSolar on future construction and significant rehab of buildings that are 20,000 square feet and larger.

2. A communication was received from Michael Tilford, regarding the Proposed Green Roofs Amendment.

3. A communication was received from Nancy E. Donohue, Director of Government and Community Affairs Cambridge Chamber of Commerce, regarding the Green Roofs Petition.

4. A communication was received from Councillor Carlone, transmitting potential amendments to the Green Roofs zoning petition.

5. A communication was received from Diane Martin, Mothers Out Front, recommending amendments to the Green Roofs Zoning Petition.

6. A communication was received from Melissa Ludtke, Mothers Out Front, regarding Green Roofs Zoning Petition.

7. A communication was received from C.A. Webb, President, Kendall Square Association, regarding Green Roofs Zoning Petition.

8. A communication was received from Charles R. Laverty, Jr., Laverty Lohnes Properties, regarding the Green Roofs Zoning Petition.

9. A communication was received from MICHELLE LOWER, Vice President - Real Estate Development & Community Relations Alexandria Real Estate Equities, Inc, regarding the Green Roofs Zoning petition.

10. A communication was received from Thomas Lucey, Director of Government and Community Relations Harvard Public Affairs and Communications, regarding the green roofs zoning petition.

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PROPOSED ORDER     Apr 12, 2021

COUNCILLOR ZONDERVAN

VICE MAYOR MALLON

COUNCILLOR CARLONE

COUNCILLOR SOBRINHO-WHEELER

COUNCILLOR MCGOVERN

COUNCILLOR NOLAN

MAYOR SIDDIQUI

WHEREAS: The Ordinance Committee met on March 31, 2021 to continue a public hearing on the Green Roofs Zoning Petition.

WHEREAS: The committee voted to forward the following order to the City Council. Now therefore be it,

ORDERED: That the City Manager be and hereby is requested to propose an effective date for adopting the Green Roofs Zoning Petition and to provide a list of which projects would be unaffected by the new zoning as a result.

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PROPOSED ORDER     Apr 12, 2021

COUNCILLOR CARLONE

WHEREAS: The Ordinance Committee met on March 31, 2021 to continue a public hearing on the Green Roofs Zoning Petition.

WHEREAS: The committee voted to amend recommend that petition be amended as follows. Now therefore be it,

ORDERED: That the Green Roofs Zoning Petition is amended by substitution to read as follows:

That section 22 of the Cambridge Zoning Ordinance be amended by inserting a new section 22.30 to read as follows:

22.30 Green Roof. A layer of living vegetation planted in a minimum of 4 inches of growth medium over a waterproofing system that is installed on top of a flat or slightly sloped roof, and is not intended for use or occupancy. (Also known as a vegetated roof.)

1. Green Roof, Biosolar. Green roof surfacing and solar technologies intermingled in an area of roof.

That section 22.31 of the Cambridge Zoning Ordinance be amended to read as follows:

22.31 Purpose and Applicability. This Section requires new construction of buildings equaling or exceeding 25,000 square feet of gross floor area to include green or biosolar green roofing on much or most of the available roof area. Available roof is the entire area of the roof as visible in plan view, but excluding the following:

1. Areas having a slope greater than 3 in 12.

2. Areas designed and managed for code-compliant access and use by building occupants or general public.

3. Vehicular parking decks.

That section 22.32 of the Cambridge Zoning Ordinance be amended to read as follows:

22.32 Requirement. Of the available roof area as calculated by 22.31 at least 80% of that area shall be devoted to green and biosolar green roof construction. Isolated intrusions into green roofing surfacing that are less than 4 square feet in plan area, inclusive of penthouses and head houses, roof hatches, elevator over-rides, vent stacks, skylights and mechanical and electrical equipment, may be counted as contributing to the required green roof area.

That section 22.33 of the Cambridge Zoning Ordinance be amended to read as follows:

22.33 Exemption. By special permit of the Planning Board green roof construction may be reduced below the area required by 22.32, provided that each square foot so exempted be compensated by a unit price contribution to the Cambridge Affordable Housing Trust. This unit price shall be roughly comparable to the average price of a green roofing over-burden system; and shall be calculated, and occasionally revised as needed, by the Cambridge Community Development Department. All such funds contributed to the Trust shall be dedicated to the design and incorporation of green and biosolar roofing into new or existing affordable housing developments.