3. A communication transmitted from Yi-An Huang, City Manager, relative to the Final Landmark Designation Report for the Charles Hicks Saunders House. (CM23#126)
Order Adopted 8-0-1 (MM Absent)

May 8, 2023
To the Honorable, the City Council:

Attached for your consideration is the Final Landmark Designation Report for the Charles Hicks Saunders House at 1627 Massachusetts Avenue, received from Executive Director of the Historical Commission Charles Sullivan.

Very truly yours,
Yi-An Huang
City Manager

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May 4, 2023

To: Yi-An Huang, City Manager
From: Charles Sullivan, Executive Director, Cambridge Historical Commission
Re: Final Landmark Designation Report, 1627 Massachusetts Avenue

I am submitting the Final Landmark Designation Report for the Charles Hicks Saunders House with the request of the Cambridge Historical Commission that it be transmitted to the City Council for their consideration.

The 1862 Charles Hicks Saunders House is one of Cambridge’s most important examples of Second Empire domestic architecture. It is also significant for its association with Mr. Saunders, Mayor of Cambridge in 1868-69. The property was recorded by the Historic American Buildings Survey in 1964 and individually listed on the National Register of Historic Places in 1982.

The Historical Commission initiated this designation not only to protect the Saunders house but also to preserve the site for affordable housing development. Under the interim jurisdiction afforded by the Ordinance the Commission has approved in principle a proposal by Homeowners Rehab to construct a six-story building and renovate the house. Final approval is expected when the project clears the Planning Board’s design review process.

The effect of the designation, which can be accomplished by a simple majority vote adopting the attached Order, will be to protect the publicly visible exterior of the Saunders House from inappropriate alterations while allowing its conversion to affordable housing and the proposed new construction. The Saunders House would then become Cambridge’s 45th designated landmark.

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Agenda Item Number 3     May 8, 2023

ORDERED: That the Charles Hicks Saunders House at 1627 Massachusetts Avenue be designated as a protected landmark pursuant to Chapter 2.78, Article III, Section 2.78.180 of the Cambridge Municipal Code, as recommended by vote of the Cambridge Historical Commission on March 30, 2023. The premises so designated is defined as parcel 1 on assessor’s map 157 and the structures thereon.

This designation is justified by the associations of the building with the architectural, aesthetic and economic history of Cambridge, and by its architectural significance as a well-preserved example of the Second Empire style.

The effect of this designation shall be that review by the Cambridge Historical Commission and the issuance of a Certificate of Appropriateness, Hardship or Non-Applicability shall be required before any construction activity can take place on the designated premises or any action can be taken affecting the appearance of the premises, that would in either case be visible from a public way. In making determinations, the Commission shall be guided by the provisions of the Final Landmark Designation Report dated May 2, 2023 with respect to the designated premises, and by the applicable sections of Chapter 2.78, Article III, of the Cambridge Municipal Code.

This designation incorporates the conditional approval granted by the Cambridge Historical Commission on March 30, 2023 for renovation of the existing house and construction of an addition for the purpose of affordable housing.

4. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following persons as members of the Lesbian, Gay, Bisexual, Transgender, Queer, Plus (LGBTQ+) Commission for a term of three years, effective May 8, 2023: • Cindy Telingator (appointment) • Jason Doo (appointment) •M Joyce-Anderson (appointment) • Mary Rebecca Gardner (appointment) • Zachary Dresser (appointment) • Greg MacDonough (reappointment) • Lesley Phillips (reappointment) • Linden Huhmann (reappointment) • Noelani Kamelamela (reappointment) (CM23#127)
pulled by Siddiqui; Appointments Approved 8-0-1 (MM Absent)

May 8, 2023
To the Honorable, the City Council:

I am writing to recommend the following appointments and reappointments of members to the Lesbian, Gay, Bisexual, Transgender, Queer, Plus (LGBTQ+) Commission for a term of three years, effective May 8, 2023:

• Cindy Telingator (appointment)

• Jason Doo (appointment)

• M Joyce-Anderson (appointment)

• Mary Rebecca Gardner (appointment)

• Zachary Dresser (appointment)

• Greg MacDonough (reappointment)

• Lesley Phillips (reappointment)

• Linden Huhmann (reappointment)

• Noelani Kamelamela (reappointment)

The LGBTQ+ Commission was established under Chapter 2.125 of the Cambridge Municipal Code. The function of the Commission is to advocate for a culture of respect and monitor progress toward equality of all persons with regard to sexual orientation and gender identity and expression, and to promote policies and practices that have a positive effect on the health, welfare, and safety of all persons who live, visit or work in the City with respect to sexual orientation and gender identity and expression. Commissioners are expected to be knowledgeable about the rights of LGBTQ+ individuals and must live or work in Cambridge.

The City Manager’s office posted a request for applications for the LGBTQ+ Commission on the City website and via a news release on January 9, 2023, with a closing date of February 6, 2023. During that time, members of the Commission conducted outreach with their networks. The call for applicants was also posted in several of the City’s daily email updates and in postings on the City website. There were ten applicants, six of whom were interviewed. The interview panel, made up of City staff members and current commissioners, has recommended the appointment of five of those applicants.

The LGBTQ+ Commission also recommends the reappointment of four current members. They have made valuable contributions and would appreciate the opportunity to continue serving.

I am pleased to recommend these nine individuals whose expertise and experience will enable them to be valuable members of the LGBTQ+ Commission.

1. M Joyce-Anderson: Mx. Joyce-Anderson is a clinical social worker (MSW, LICSW) currently employed as the Co-Director for the Child and Adolescent Transgender Center for Health at Boston Medical Center. Throughout Mx. Joyce-Anderson’s social work career, Mx. Joyce Anderson has engaged in advocacy for queer and trans individuals, including creating policy for responsive care in hospital settings and conducting trainings on culturally responsive care. Mx. Joyce-Anderson has recently moved from Western Massachusetts to Cambridge and would like the opportunity to continue this advocacy in Mx. Joyce-Anderson’s new community. We believe Mx. Joyce-Anderson’s experience in serving the transgender community will bring great knowledge and understanding to the Commission.

2. Cindy Telingator: Dr. Telingator is a psychiatrist who specializes in the care of children, adolescents, families, and adults. Dr. Telingator currently works in private practice and maintains her appointment at Cambridge Health Alliance as a senior consultant, supervisor, and teacher to the gender and sexuality clinic. Dr. Telingator previously worked in the Zinberg (HIV) clinic and later was the medical director of the child outpatient department at Cambridge Health Alliance. In 2016, with Dr. Marshall Forstein and other colleagues, Dr. Telingator established a gender and sexuality clinic at Cambridge Health Alliance. In this role, she has supervised clinical work of social work interns, psychology post-doctoral fellows, adult, and child psychiatry residents participating in this clinic. Her academic work and expertise has focused on children impacted by HIV and on LGBTQIA+ youth and families across the lifespan. Her expertise will be an invaluable asset to the Commission’s work.

3. Zachary Dresser: Mr. Dresser is a finance professional with a passion for advocacy and creating safe spaces for the LGBTQIA+ community. Mr. Dresser previously served as co-lead of his company’s LGBTQIA+ Employee Resource Group, where he oversaw an organization of nearly 100 members and worked to create a more equal workplace. Mr. Dresser is eager to learn more about the LGBTQ+ community in Cambridge and will bring his expertise regarding community building to the other Commissioners.

4. Mary Rebecca Gardner: Ms. Gardner is an attorney at Segal Roitman, LLP, a Boston law firm that represents unions, employees, and employee benefit funds. Ms. Gardner cares deeply about socioeconomic justice, especially the intersectionality between workers’ rights and LGBTQ+ rights. In law school, Ms. Gardner wrote about issues such as workplace sexual harassment of LGBTQ+ employees and how heteronormative workplace norms impact mental health. Now, as an attorney, Ms. Gardner is proud to represent queer employees in discrimination cases. Ms. Gardner has also come to find that many of her union clients are led by LGBTQ+ organizers. Ms. Gardner shared that the reason is because Queer people have always had to be intentional about building community and creating advocacy groups. Her passion and advocacy experience will provide interesting insights to the Commission.

5. Jason Doo: Mr. Doo is currently chef and owner of Wusong Road in Harvard Square and he is proud to be the only minority and LGBTQ+ owned business in Harvard Square. Mr. Doo currently serves on the City of Cambridge BIPOC committee, as well as on the Board of Directors of the Harvard Square Business Association. Mr. Doo also works closely with the charity project, Restore Us, where restaurants provide food to those who were adversely affected during the COVID crisis. Mr. Doo is passionate about creating bridges between minority members of the LGBTQ+ communities and the government that serves them. We are excited for Mr. Doo to continue connecting with community members while on the Commission.

6. Greg MacDonough: Mr. MacDonough is seeking reappointment to the LGBTQ+ Commission. In 2022, Mr. MacDonough aided in coordinating and recruiting for the Starlight Square event. Currently, Mr. MacDonough is a subcommittee member of the LGBTQ+ interview and handbook working groups. He has been engaged and involved in the work of the Commission.

7. Lesley Phillips: Ms. Phillips is seeking reappointment to the LGBTQ+ commission. Ms. Phillips has been interested in the work of the Commission, attended meetings, and is committed to maintaining her engagement with outreach opportunities.

8. Linden Huhmann: Mx. Huhmann is seeking reappointment to the LGBTQ+ Commission. They have been an active member of the Commission, especially regarding the cooperative housing subcommittee, which is tasked with exploring less conventional housing options in Cambridge.

9. Noelani Kamelamela: Mx. Kamelamela is seeking reappointment to the LGBTQ+ Commission. Mx. Kamelamela has served as a member of the Commission for several terms and is interested in maintaining their connection to Cambridge folks of all orientations, identities, and ages. Mx. Kamelamela has been present at Commission meetings and recently led a volunteer group for pride month planning.

I appreciate the willingness of these community members to serve on the LGBTQ+ Commission and, with your approval, look forward to their appointments.

Very truly yours,
Yi-An Huang
City Manager

5. A communication transmitted from Yi-An Huang, City Manager, relative to a recommendation that the City Council approve an Order to take by “friendly” eminent domain proceeding parcels of land located at 319 Webster Avenue, Cambridge (as shown on Cambridge Assessors Map 81, Parcel 21), 333 Webster Avenue, Cambridge (as shown on Cambridge Assessors Map 81, Parcel 23), and 455 Columbia Street (as shown on Cambridge Assessors Map 81, Parcel 16) (collectively “Cambridge Parcels”), and approve an Order authorizing the purchase of a parcel of land located at 94 Webster Avenue, Somerville (as shown on Somerville Assessors Map 96, Parcel B-7) (“Somerville Parcel”) (collectively, the “Premises”), all of which are owned by Webster Avenue Ventures LLC (“WV”). (CM23#128) [plot plan] [Order of Taking] [Order authorizing purchase]
pulled by Nolan; PN objects to $14.4 million price tag and suggests site better used for housing rather than DPW use; PT, QZ support proposed use as well as future housing; Owen O’Riordan explains the needs of DPW for operations and how this site is badly needed for foreseeable future; QZ would prefer high density subsidized/social housing for the site; DPW Commissioner Kathy Watkins notes that site likely has “urban fill” with some contamination; AM would prefer to turn site over for subsidized/social housing, concerned about price tag; O’Riordan notes that parcels were assembled by a 3rd party; Bob Riordan notes that original asking price was 10% higher; QZ identifies site as a "Square" which would permit taller buildings under proposed AHO amendments; MM also would prefer high density subsidized/social housing on site but will support proposal; DC says he’s been advocating City purchase of land for years; BA asks about specific proposed uses; Kathy Watkins notes likely use by Parks Division and/or Buildings Divisions, including vehicle storage and office space; PN wants City to buy any and all properties available but cannot support this purchase; Huang explains costs; PN unhappy about why City did not purchase another lot; Charter Right - Mallon; David Kale notes that this sale is timely and could fall apart if delayed; Bob O’Riordan notes that there have been other offers for the parcels; McGovern Reconsideration Motion Fails 1-8 (PN - Yes)

May 8, 2023
To the Honorable, the City Council:

I am writing to recommend that the City Council approve an Order to take via a “friendly” eminent domain proceeding parcels of land located at 319 Webster Avenue, Cambridge (as shown on Cambridge Assessors Map 81, Parcel 21), 333 Webster Avenue, Cambridge (as shown on Cambridge Assessors Map 81, Parcel 23), and 455 Columbia Street (as shown on Cambridge Assessors Map 81, Parcel 16) (collectively “Cambridge Parcels”), and approve an Order authorizing the purchase of a parcel of land located at 94 Webster Avenue, Somerville (as shown on Somerville Assessors Map 96, Parcel B-7) (“Somerville Parcel”) (collectively, the “Premises”), all of which are owned by Webster Avenue Ventures LLC (“WV”). The Premises consists of four parcels containing three small buildings and a small garage space currently used for light industrial purposes. Upon their taking and purchase, the Premises would be used for municipal uses, including but not limited to a municipal service facility, office space, accessory uses thereto, and for any other municipal purposes.

Pursuant to Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, the City Council is authorized to take in fee in the name of the City for any municipal purpose any land within the limits of the City not already appropriated for public use. I recommend that the City Council take the above referenced Cambridge Parcels by eminent domain for the purpose of assisting with municipal service operations, office space, all uses accessory thereto, and for any other municipal uses. I further recommend that the City Council approve an Order authorizing the purchase of the Somerville Parcel, which is adjacent and contiguous to the Cambridge Parcels.

Background

WV has acquired and assembled four contiguous parcels into one large parcel totaling 34,695 square feet (0.8 acres). The Premises currently serves light industrial uses which include vehicle storage. The ability to purchase approximately one (1) acre of land within the City is a rare and invaluable opportunity. The acquisition of the entirety of the Premises will allow the City to use the land for municipal uses, including but not limited to a municipal public works facility, office space, accessory uses thereto, and for any other municipal needs.

WV has agreed to sell the Premises to the City (via the proposed friendly eminent domain taking of the Cambridge Parcels and the purchase of the Somerville Parcel) for $14,400,000. WV has further agreed to enter into a purchase and sale agreement that will allow the City to use and occupy the Somerville Parcel until title to the Somerville Parcel can be transferred to the City. Together the taking and purchase will result in the acquisition of the entire Premises.

As part of this process, WV commissioned a Phase 1 ESA Report for the Premises (“Phase 1 Report”). The occupants of 333 Webster Avenue and 455 Columbia Avenue have vacated those parcels. 319 Webster Avenue is occupied by a commercial bottle and can recycling facility. 94 Webster Avenue is mostly vacant. Most of the Premises was historically used as an automobile junkyard. The Phase 1 Report identifies this historic use as a recognized environmental condition of the Premises and also concludes that urban fill is likely present at the site. There has been no reported environmental sampling at the Premises, but there was extensive environmental investigation and remediation as part of the residential development at 305 Webster Avenue, which is adjacent to the Premises. The historic use at the Premises creates some risk that currently unknown contamination could be encountered during development of the property, which would need to be addressed under the Mass. G.L. c. 21E regulations. This would likely include, at a minimum, proper management of any contaminated soil, potential remedial measures, and limited use restrictions to prevent exposure to any residual contamination. For any uses beyond the contemplated near term municipal public works facility use, more stringent clean-up standards and use restrictions might apply. Based on the limited sampling data available for the Premises, it might be difficult to secure environmental insurance to cover unexpected clean-up costs as a result of unknown contamination, but coverage for off-site migration and bodily injury/property damage claims might be possible. I am investigating the possibility of acquiring environmental insurance coverage for the Premises.

Process

If the City chooses to move forward with the eminent domain taking and purchase of the Premises, then funds need to be appropriated, the taking of the Cambridge Parcels needs to be completed, and the Purchase and Sale Agreement for the Somerville Parcel must be executed and all of this must be completed prior to June 30, 2023.

The City intends to acquire the Cambridge Parcels through what is commonly referred to as a “friendly taking.” A friendly taking describes the use of the statutory eminent domain procedure to acquire a property that an owner seeks to sell to the City. The average assessed value for the three Cambridge Parcels for the past three fiscal years is $2,481,000. The true indication of the current fair market value of the Cambridge Parcels plus the Somerville Parcel has been estimated by a highly qualified appraiser retained by the City Solicitor. The appraiser, Steven R. Foster, MAI, of Lincoln Property Company, has determined that the fair market value of the Premises at its highest and best use, which is characterized as residential use, is $14,400,000. The City’s Chief Assessor, Gayle Willett, has reviewed Mr. Foster’s appraisal as an additional examination to ensure that the appraised value represents the current fair market value of the property. For the Cambridge Parcels, the City would pay the amount allowed by law as a pro tanto to WV. A pro tanto is an initial payment that the property owner can accept without prejudice to its right to bring a claim for the full amount of damages that it asserts is due. Here, the pro tanto would be a payment of $3,101,250.

In addition, under the law, the property owner has the right to challenge the amount of the pro tanto payment in a legal proceeding and could seek to persuade a court that it is entitled to the current fair market value of the property. The eminent domain procedure allows the City to exceed the limits that G.L. c. 40, §14 and G.L. c.43, §30 impose on the purchase price of a property (which limit the purchase price that the City may pay to the average of the three prior years’ assessed value plus a 25% increase) after an owner of land taken by eminent domain has sought damages for the remainder of the fair market value or purchase price of the property. The City intends, subject to the City Council’s approval, to pay the remainder of the purchase price of $10,276,750, for the entire Premises (plus the purchase price of $1,022,000 for the Somerville Parcel), through settlement of an eminent domain damages claim-this is why this type of transaction is referred to as a “friendly taking.” I will initiate a settlement of any such claim with the property owner if the City Council votes to approve the appropriation of the pro tanto, authorizes the taking of the Cambridge Parcels by eminent domain, votes to approve the appropriation of funds to purchase the Somerville Parcel, votes to authorize the purchase of the Somerville Parcel, and appropriates funds to settle the damages claim.

The following steps must be taken to satisfy legal requirements for this friendly taking:

1. The City Council must vote to approve the Appropriation Order in the amount of $3,101,250, in order to appropriate funds from Free Cash to pay the pro tanto for the Cambridge Parcels, as set forth above and below;

2. The City Council, by a two-thirds vote, must vote to approve the Order of Taking and vote to approve the Order Authorizing the Purchase of the Somerville Parcel; 3. The City Council must vote to approve the Appropriation Order in the amount of $10,276,750, in order to appropriate funds from Free Cash to settle the eminent domain damages claim and to pay the remainder of the purchase price of $14,400,000 after subtracting the pro tanto and the purchase price for the Somerville Parcel, which will enable the City to acquire the Property and thereby resolve WV’s damages claim.

4. The City Council must vote to approve the Appropriation Order in the amount of $1,022,000, in order to appropriate funds from Free Cash to pay the purchase price for the Somerville Parcel, as set forth above and below; and

5. In addition, I am requesting that the City Council approve an appropriation of $1,000,000 in funds from Free Cash to develop plans, acquire the fit-out and furnishings, and to undertake minor renovations for DPW to use and occupy the Premises.

Requests for Appropriation

I am hereby requesting an appropriation in the amount of $3,101,250 from Free Cash to the General Fund Law Department Travel and Training (Judgement and Damages) Account to cover the pro tanto payment toward the expenses of acquisition as required by the above referenced Sections of Chapters 40 and 43 of the General Laws for the Cambridge Parcels owned by WV.

After the City Council votes on the Appropriation Order to fund the pro tanto payment of $3,101,250 and votes by a two-third vote on the Order of Taking the Cambridge Parcels, I am also hereby requesting that the City Council vote to approve the second Appropriation Order in order to appropriate funds in the amount of $10,276,750 from Free Cash to the General Fund Law Department Travel and Training (Judgement and Damages) Account to fund the settlement of WV’s remaining eminent domain damages claim. Next, I am also hereby requesting that the City Council vote to approve the third Appropriation Order in order to appropriate funds in the amount of $1,022,000 from Free Cash to the General Fund Finance Department Extraordinary Expenditures to fund the purchase of the Somerville Parcel owned by WV and vote by a two-third vote on the Order of Purchase. Finally, I am requesting that the City Council approve an appropriation of $1,000,000 in funds from Free Cash to develop plans, acquire the fit-out and furnishings, and to undertake minor renovations for DPW to use and occupy the Premises.

I strongly recommend that the City Council approve this unique opportunity to acquire the Premises and vote to approve the Orders of Taking and Purchase and for the Appropriation of funds.

Very truly yours,
Yi-An Huang
City Manager

7. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report with no positive or negative recommendation on the Kelley et. al. Zoning Petition. (CM23#130)
pulled by Carlone; DC notes that this increases commercialization; Referred to Petition 9-0

Date: Apr 24, 2023
Subject: Craig Kelley et. al. Zoning Petition
Recommendation: The Planning Board makes the following report with no positive or negative recommendation.

To the Honorable, the City Council,
On Apr 11, 2023, the Planning Board (the “Board”) held a public hearing to discuss a Zoning Petition by Craig Kelley, et. al. (the “Proponent”), to amend Article 4.000 of the Cambridge Zoning Ordinance to establish new use categories for “Shared Vehicle” and “Publicly-accessible, Privately-owned Electric Vehicle Charging System,” both of which would be permitted by-right in all zoning districts except for Open Space districts. In addition, the Petition proposes to amend Section 6.20 Off Street Parking Regulations by inserting a new Section 6.21(a) which states that “Electric Vehicle Charging Systems may be installed in any parking space conforming to the dimensional and other requirements of Article 6.000, or if not, are lawfully nonconforming.”

The Board heard a presentation from Craig Kelley and received written materials prior to the hearing from staff in the City’s Community Development Department (CDD). Following the presentation, public comment, and discussion among Board members, the Planning Board voted to forward this report to the City Council without making a positive or negative recommendation.

Board members supported the overall goal of the Petition to promote the expansion of both electric vehicle and shared vehicle use in order to achieve the City’s goals of reducing greenhouse gas emissions and agreed that there is a shortage of electric vehicle charging infrastructure available for public use. Some Board members believed that access to vehicles is an equity issue, and finding ways of making vehicles accessible without the need for automobile ownership can increase mobility and access for underserved populations. Further, in order to achieve the City’s mobility and climate goals, the Board expressed strong support for the City to study a possible policy framework that could include strategies like the activities described in the Proponent’s Petition. The Board acknowledged the ongoing planning studies on these topics being undertaken by the City and felt that these studies will assist in formalizing recommendations on possible regulatory changes to accommodate these types of strategies.

The Board did not reach consensus as to whether the Petition, and zoning more broadly, is the appropriate mechanism to achieve the intended policy goals. Board members acknowledged that zoning is just one aspect of a broader planning and policy strategy to address the issues that the Petition discusses. Board members also expressed concern that there could be unintended consequences of both aspects of the Petition, particularly regarding the potential for increased traffic in residential neighborhoods and the availability of on-street parking. Board members raised questions about the potential ramifications of including specific vehicle types as land use categories in zoning, which is intended to regulate real property like land and buildings. More broadly, some Board members believed that the City’s overall approach and focus on increasing EV infrastructure should occur in commercial and industrial zoning districts, rather than prioritizing changes in residential areas.

The Planning Board voted with six members in favor of transmitting the above report. Two members were absent.

Respectfully submitted for the Planning Board,
Mary Flynn, Chair

9. A communication transmitted from Yi-An Huang, City Manager, relative to an update on the development of the City of Cambridge Community Safety Department (CSD). (CM23#132)
pulled by Mallon; Interim Director Liz Speakman notes May 4 meeting with HEART and $300,000 contract changes [remarkable how much this City Council wants to be involved in contract specifics]; QZ wants to refer report to Public Safety Committee, asks about Steering Committee process; Speakman notes that “Future of Public Safety Task Force” involved (which itself raises some questions), all meetings informal and not public; QZ wants meeting notes made public (which hopefully will include names of participants); Michelle Scott (Program Coordinator) adds details; QZ wants more details on integration with HEART; Speakman notes conversations to build “more trust” and possibility of providing other services; MM asks about loitering; Speakman feels that sleeping in ATMs is not “really” trespassing; MM says “you can never have too many services”; PN notes name change from CSD (Community Safety Department) to CARE (Community Assistance, Response and Engagement); BA, DC, SS additional comments; Referred to Public Safety Committee 9-0

May 8, 2023
To the Honorable, the City Council:

Please find attached communication from the Interim Director of the Community Safety Department Liz Speakman, regarding an update on the development of the City of Cambridge Community Safety Department (CSD).

Very truly yours,
Yi-An Huang
City Manager

10. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 23-07, regarding report on providing publicly-accessible traffic stop, arrest, and citation police data on a new Procedural Justice Dashboard. (CM23#133)
pulled by Mallon; Police Commissioner Christine Elow responds about type of data and availability; PN questions; Placed on File 9-0

May 8, 2023
To the Honorable, the City Council:

In response to Awaiting Report Item Number 23-07, regarding a report on providing publicly-accessible traffic stop, arrest, and citation police data on a new Procedural Justice Dashboard, please find attached a response from Police Commissioner, Christine Elow.

Very truly yours,
Yi-An Huang
City Manager

CHARTER RIGHT
1. That the City Manager is requested to direct the Community Development Department to promptly draft a zoning petition to be considered for filing by the City Council, based upon the proposed Affordable Housing Overlay amendments now before the Housing Committee. [Charter Right – Nolan, May 1, 2023] (PO23#75)
Comments by Toner, Nolan in support of Substitute Order; Nolan notes that the ABC proposal for corridors does not align with what was in Envision Report and recommendations; Mallon calls AHO “landmark legislation” - a “huge supporter”, notes that a 5-year review was included in original ordinance, does not want CDD involved “in an unfettered way”, has not yet heard need expressed by subsidized/social housing builders for 25 stories, cannot support Order without these amendments; McGovern trashes Envision in favor of whatever ABC wants, saya subsidized/social housing developers want 9-12 stories and upward (well, of course, since they are effectively writing their own regulations]; QZ will not support Substitute Order because of “crisis” and that action required even if not well-considered, calls this an effort to delay until next Council term; DC explains his beliefs with some historical context that the ABC acolytes will never understand; BA double-talks about collaboration and consesnsus but won’t support substitute; Siddiqui says Substitute Order can only be voted up or down; Simmons puts no limits on increasing units, heights, densities and will not support Substitute Order, expresses distrust of CDD, wants to rush proposal through; SS suggests that amendments are possible at Ordinance Committee (but this is a joke), won’ support Substitute Order; Vote on Substitute Order Fails 4-4 (DC,AM,PN,PT - Yes; BA,MM,DS,QZ,SS - No); PN notes that “BEUDO must be done by May 31”; QZ asks what is meant by “providing heights in the specified corridors that constitute bonuses”, wants no other limits; Siddiqui waffles; MM continues to express desire that developers should propose their own regulations; AM says request to CDD is too prescriptive, wants to remove first bullet re: maximums of 12 and 15 stories, refers to “beauty and the simplicity of the original AHO”, wants to remove first bullt, the phrase “if it can do so by June 1” and change “may” to “shall”; DC asks what is needed to make AHO work in specific locations - but he’s talking to deaf ABC ears; DS wants first bullet point with 12 and 15 stories to remain, supports SS amendment w/amendment, wants June 1 deadline to remain so that this can be rushed through; BA agrees; SS amendment (with “may” to “shall”) and added “base” approved 8-1 (QZ - No); AM amendment to strike first bullet Fails 4-5 (DC,AM,PN,PT - Yes; BA,MM,DS,QZ,SS - No); AM amendment to strike “if it can do so by June 1” approved 8-1 (QZ - No); AM amendment to add “including” in 2nd bullet approved 8-1 (QZ - No); Order Adopted as Amended 5-3-1 (BA,MM,DS,QZ,SS - Yes; AM,PN,PT - No; DC - Present)

O-1     May 1, 2023  Charter Right - Nolan [with Siddiqui amendment]
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
COUNCILLOR AZEEM
COUNCILLOR ZONDERVAN
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to promptly draft a zoning petition to be considered for filing by the City Council, based upon the proposed Affordable Housing Overlay amendments now before the Housing Committee, with the following changes:

• The maximum height shall be 12 stories in the corridors and 15 stories in the squares, except as provided below

• In addition, the Community Development Department, [if it can do so by June 1] after consulting Cambridge affordable housing developers, may [shall] draft additional zoning language for consideration by the City Council, [including] providing heights in the specified corridors that constitute bonuses based on the existing [base] zoning in those corridors

• The height may match the height of existing housing on the existing or an adjacent parcel, as proposed by the Cambridge affordable housing providers

• The zoning petition shall include the following Open Space Correction language:

11.207.5.2.4 Open Space

(a) Except where the District Dimensional Standards establish a less restrictive requirement or as otherwise provided below, the minimum percentage of open space to lot area for an AHO Project shall be thirty percent (30%). However, the minimum percentage of open space to lot area may be reduced to no less than fifteen percent (15%) if the AHO Project includes the preservation and protection of an existing building included on the State Register of Historic Places.

(b) The required open space shall be considered Private Open Space but shall be subject to the limitations set forth below and shall not be subject to the dimensional and other limitations set forth in Section 5.22 of this Zoning Ordinance. Private Open Space shall exclude parking and driveways for automobiles.

(c) All of the required open space that is located at grade shall meet the definition of Permeable Open Space as set forth in this Zoning Ordinance.

(d) The required open space shall be located at Grade or on porches and decks that are no higher than the floor elevation of the lowest Story Above Grade, except that up to twenty five percent (25%) of the required open space may be located at higher levels, such as balconies and decks, only if it is accessible to all occupants of the building.

(e) For the purpose of this Affordable Housing Overlay, area used for covered or uncovered bicycle parking spaces that are not contained within a building shall be considered Private Open Space.

(f) In any AHO project where (a) pre-existing contiguous Green Area Open Space will be preserved and/or expanded in an amount representing 5% or more of the total lot area, including through consolidation and/or relocation of some portion of the Green Area Open Space to another part of the lot, without reducing the size of any contiguous portion or (b) the total Open Space will exceed the minimum amount required for the project, the project may exceed the applicable height limit without restriction, provided that the maximum possible FAR for the lot shall not be exceeded. If the AHO project is not subject to an FAR restriction, maximum gross floor area shall be calculated based on the lot area less the portion of the lot area required to be open space under the AHO multiplied by the maximum number of stories otherwise applicable under the AHO; and be it further

ORDERED: That the City Manager be and hereby is requested to direct the CDD to report back on the new mass timber construction pathways (types IV-A, IV-B, and IV-C) from the 2021 International Building Code (21 IBC) which are currently under consideration by the Massachusetts Board of Building Regulation Standards (BBRS), and potential implications for building construction under the AHO; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter no later than June 1, 2023.

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Amended Substitute Order
COUNCILLOR TONER
VICE MAYOR MALLON
COUNCILLOR NOLAN
WHEREAS: The Affordable Housing Overlay (AHO) was ordained in October 2020 after an extensive public process over several years; and
WHEREAS: The AHO has a built-in review schedule of flve years to monitor progress and consider improvements; and
WHEREAS: Any amendments to the AHO should be considered in consultation with all stakeholders and City staff; and
WHEREAS: There have been two Housing Committee meetings on this topic; however, no substantive work has been done by the Community Development Department to assess current or previously proposed amendments to the AHO; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to work with the City’s affordable housing developers to consider what obstacles exist to implementing the intended goals of the original AHO in order to meet our affordable housing goals and, if appropriate, what amendments would be recommended; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to bring any amendment proposals to the Ordinance Committee of the City Council by June 26th, 2023 and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to accelerate the 5-year review process by beginning the process in September, 2023; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council by June 26th.

COMMUNICATIONS
1. A communication was received from Alan Dobson regarding DCR Letter, Apr 3, 2023 to Cambridge City Manager; PO23#68.

2. A communication was received from Carol Simone regarding BEUDO.

3. A communication was received from Alan Dobson regarding DCR Letter, Apr 3, 2023 to Cambridge City Manager; PO23#68.

4. A communication was received from Quentin Seemuller regarding Support strong BEUDO amendments.

5. A communication was received from David Chilinski regarding Policy Order PO23#75.

6. A communication was received from Nancy E. Phillips regarding The new Affordable Housing Zoning proposal.

7. A communication was received from Randa Ghattas regarding Michael Monestime Petition and AHO amendments.

8. A communication was received from Elaine O’Reilly regarding Please vote in favor of the City Council policy order to expand and improve the Affordable Housing Overlay.

9. A communication was received from Ausra Kubilius regarding NO to #75 for AHO!

10. A communication was received from Robert Camacho regarding Policy Order #75.

11. A communication was received from Nonie Valentine regarding Opposition to the newest version of AHO.

12. A communication was received from William Bloomstein regarding NO to the AHO amendment.

13. A communication was received from Jacqueline Brown regarding AHO amendment Council meeting on May 1.

14. A communication was received from John Trever regarding opposition to massive destructive AHO upzoning.

15. A communication was received from John Trever regarding keeping neighborhood conservation districts.

16. A communication was received from John Goodson regarding The inadvisability of high-rise living.

17. A communication was received from Ellen Leopold regarding Up-zoning proposal.

18. A communication was received from Nella LaRosa-Waters regarding AHO proposal.

19. A communication was received from Joan Pickett regarding Vote NO on Policy Order #75.

20. A communication was received from Ellen Levine regarding Affordable Housing Ordinance petition.

21. A communication was received from Bojana Bosanac regarding opposition to AHO amendment.

22. A communication was received from Nancy Salzman regarding meeting Monday on changing zoning.

23. A communication was received from John Russell regarding upzoning.

24. A communication was received from Anne Randolph regarding Please vote to oppose the current AHO proposal and look for real solution.

25. A communication was received from McKelden Smith regarding Opposing upzoning ordinance.

26. A communication was received from Clelia Goldings regarding High-rise Housing Projects.

27. A communication was received from Ruth Josimovich regarding AHO ordinance up for vote on May 1.

28. A communication was received from Barbara Beal regarding Against High Rise Buildings.

29. A communication was received from Amy Thompson regarding Affordable Housing Ordinance petition.

30. A communication was received from Larissa Boutique regarding Oppose housing ordinance petition.

31. A communication was received from Susan Carter regarding AHO.

32. A communication was received from Karen Cushing regarding Against AHO amendment.

33. A communication was received from Robert McCarthy regarding May 1st vote on the proposal for 12 and 15 story buildings built on the City’s corridors and in public Squares.

34. A communication was received from David Mankins regarding Affordable Housing Ordinance vote at 1 May meeting.

35. A communication was received from Ben Wagner regarding Opposition as a Homeowner in Cambridge to Destruction of Green Space.

36. A communication was received from Catalina Arboleda regarding AHO vote on May 1, 2023.

37. A communication was received from Frank J. Paolitto regarding Proposed changes in housing policies.

38. A communication was received from Jana Odette regarding Opposition to sending the AHO petition to the Ordinance Committee.

39. A communication was received from Michael J. and AnneMarie Mahoney regarding AHO Petition.

40. A communication was received from George Anderson regarding oppose sending Affordable Housing Ordinance Petition to the Ordinance Committee.

41. A communication was received from Genevieve Coyle regarding AHO upgrade.

42. A communication was received from Mary Jane Kornacki regarding Policy Order PO23#75 - Oppose.

43. A communication was received from Judy Silvan regarding AHO.

44. A communication was received from Vickey Bestor regarding Oppose Up-Zoning but Favor Affordable Housing.

45. A communication was received from Lisa Glover regarding Oppose sending up-zoning without further review.

46. A communication was received from Jivan Sobrinho-Wheeler regarding Support for Policy Order #1 - AHO improvements.

47. A communication was received from Rebecca Pries regarding Oppose sending the up-zoning to the Ordinance Committee.

48. A communication was received from Janet Reckman regarding New AHO petition.

49. A communication was received from Robin Greeley regarding Oppose AHO upzoning proposal.

50. A communication was received from Claudia Majetich regarding Oppose amendment to AHO.

51. A communication was received from Susan Ringler regarding No to AHO.

52. A communication was received from Claire Messud regarding Affordable Housing Ordinance.

53. A communication was received from Thomas Smolenski regarding Affordable Housing Ordinance.

54. A communication was received from Holly Hatton regarding Building on Green Space on Larch Road, Cambridge.

55. A communication was received from Lynn Cetrulo regarding Amended AHO Petition/For Consideration May 1, 2023.

56. A communication was received from Nisha Smolenski regarding Affordable Housing Ordinance.

57. A communication was received from Judith Levine regarding Concerned Resident at 175 Larch Road.

58. A communication was received from Matt Goldstein regarding Please support the policy order to improve the Affordable Housing Overlay.

59. A communication was received from Lisa McManus regarding Vote no to revised AHO.

60. A communication was received from Linda Gennari regarding Affordable Housing.

61. A communication was received from Carl Nagy-Koechlin, Sara Barcan, Mike Johnston, and Jason Korb regarding In support of AHO amendment - Policy Order #1.

62. A communication was received from Jennifer Miles regarding AHO Ordinance Petition.

63. A communication was received from Zack Goldberg regarding Against amended Affordable Housing Ordinance petition, City Budget.

64. A communication was received from Young Kim regarding City Manager’s Agenda items 1 and 2.

65. A communication was received from Susan Carter regarding New City Budget.

66. A communication was received from Shelagh Hadley regarding the revised AHO petition.

67. A communication was received from Jack Silversin regarding Policy Order PO23#75 – Please Reject.

68. A communication was received from Dena Feldstein Brody regarding opposition to the AHO petition.

69. A communication was received from Annette LaMond and Joe Moore regarding Please Oppose Amended AHO Petition.

70. A communication was received from Suzanne Blier regarding AHO-NCD-BEUDO-BUDGETING.

71. A communication was received from Linda Branch Dunn regarding Please OPPOSE send the Affordable Housing Ordinance Petition to the Ordinance Committee.

72. A communication was received from John Croll regarding Oppose sending the Affordable Housing Ordinance Petition to Ordinance Committee.

73. A communication was received from Gabriela Romanow regarding Please oppose the up-zoning AHO ordinance.

74. A communication was received from Karen Falb regarding AHO up-zoning.

75. A communication was received from Ausra Kubilius regarding Please spend public money wisely.

76. A communication was received from Barbara Anthony regarding AHO and City Budget.

77. A communication was received from Susan Lapides regarding OPPOSE the Affordable Housing Ordinance.

78. A communication was received from John and Elizabeth Gilmore regarding Opposition Letter to AHO amendment.

79. A communication was received from Peter Wilson regarding OPPOSE the Affordable Housing Ordinance.

80. A communication was received from Phil Wellons regarding AHO Petition.

81. A communication was received from Patricia Carney regarding Oppose the Amended Affordable Housing Ordinance petition.

82. A communication was received from Dan Phillips regarding Support for Expanding the AHO.

83. A communication was received from Keith Fahnestock regarding Oppose pushing AHO petition to Ordinance Committee.

84. A communication was received from Cathy Higgins regarding Please support AHO amendments.

85. A communication was received from Andrew Solomon regarding AHO.

86. A communication was received from Patricia Flaherty regarding AHO Amendment.

87. A communication was received from Jess Sheehan regarding In support of the expanded AHO.

88. A communication was received from Charles and Diane Norris regarding AHO Revisions Ordinance Vote.

89. A communication was received from Barbara Anthony regarding AHO, Budget, BEUDO.

90. A communication was received from Camilla Elvis regarding Support AHO Amendment compromise.

91. A communication was received from Janet Littell regarding Please don’t allow overdevelopment.

92. A communication was received from Sarah Merin regarding opposition to the proposed zoning changes.

93. A communication was received from K. Gormley regarding Please don’t let the developer lobby hijack Cambridge! NO to AHO.

94. A communication was received from Marie Elena Saccoccio regarding Opposition to “Extention” of AHO.

95. A communication was received from Sam Burgess regarding Cambridge Affordable Housing Overly Amendments--Resident in Support.

96. A communication was received from Robin Bledsoe regarding Opposing AHO petition.

97. A communication was received from Richard S. Joslin regarding Amended Affordable Housing Ordinance.

98. A communication was received from Meg A. Bond regarding ramming through a bad idea that neighbor oppose.

99. A communication was received from Francesca Gordini regarding NO to AHO.

100. A communication was received from Daniel Chasman regarding Affordable Housing Ordinance Petition.

101. A communication was received from David Halperin regarding Support AHO expansion.

102. A communication was received from Rosalind Michahelles regarding No to skyscrapers all over Cambridge!

103. A communication was received from Guillemette and Bill Simmers regarding AHO petition.

104. A communication was received from Liz Werby regarding Affordable Housing Ordinance Petition.

105. A communication was received from Catherine Zusy regarding Pitched Roof Petition, AHO Amendments, and 10% City Budget Increase.

106. A communication was received from Barbara Anthony regarding Zealotry over the top.

107. A communication was received from Eugenia Schraa regarding Strong support for AHO policy order.

108. A communication was received from David Hattis regarding Affordable Housing Overlay.

109. A communication was received from Rachel Sandalow-Ash regarding Expand the Affordable Housing Overlay.

110. A communication was received from Daniel Blinderman regarding Expressing Support for the AHO policy order.

111. A communication was received from Carolyn Fuller regarding Vote YES for Affordable Housing.

112. A communication was received from Young Kim regarding Oral Comment regarding City Manager’s Agenda #1 and #2 and Policy Order 1.

113. A communication was received from Lori Thomas regarding Expand Affordable Housing Overlay.

114. A communication was received from Jess Sheehan regarding A reminder as you listen to some securely housed residents denigrate AH.

115. A communication was received from Ann Stewart regarding comment on AHO2 amendment.

116. A communication was received from William Bloomstein regarding NO to the AHO amendment.

117. A communication was received from Clara Wellons regarding Against the AHO petition.

118. A communication was received from Mark Kon regarding NO to “affordable” human warehousing.

119. A communication was received from Mark Golberg regarding 5+ blocks long - bumper to bumper on Raymond Street - photos.

120. A communication was received from Susan Connelly regarding AHO, Community Process and Data.

121. A communication was received from Carl Nagy-Koechlin regarding AHO, Community Process and Data.

COMMITTEE REPORTS
1. The Health and Environment Committee held a public meeting on Tues, Apr 25, 2023 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. [text of report]
Report Accepted, Placed on File 9-0
Present: Nolan, Carlone, Zondervan
Remote Present: Azeem
Absent: McGovern

2. Ordinance Committee meeting of Wed, Apr 12, 2023, 5:30pm on BEUDO - recessed. [text of report]
Report Accepted, Placed on File 9-0
Present: Mallon, Toner, Zondervan, Siddiqui, Nolan (late)
Remote Present: Azeem, Carlone, McGovern
Absent: Simmons

3. Ordinance Committee meeting of Wed, Apr 26, 2023, 3:00pm on BEUDO – continuation. [text of report] [communications]
Report Accepted, Placed on File 9-0
Present: Mallon, Toner (late), Zondervan, Siddiqui, Nolan (late), Simmons (late)
Remote Present: Azeem, Carlone, McGovern (late)

Note: A public meeting of the Cambridge City Council’s Ordinance Committee was held on Wed, Apr 12, 2023. The call of the meeting was to continue the discussion on the proposed amendments to the Building Energy Use Disclosure Ordinance (BEUDO), Ordinance #2021-26. The meeting was recessed and reconvened on Apr 26, 2023. At the meeting, the committee voted favorably to request that the City Manager is requested work with CDD, Law Department, the Assessor’s Office, and any other relevant departments to produce final draft ordinance language for the BEUDO amendments based on the CDD proposal as amended by the Ordinance Committee at its Apr 26, 2023 hearing; and that the City Manager report back on this matter, including presenting final draft language to the City Council no later than May 31, 2023 (POR 2023 #78, Adopted May 1, 2023).

TEXT OF ORDERS
O-1     May 8, 2023
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
WHEREAS: The Ordinance Committee held a public hearing and discussion relative to the Craig Kelley et al. Zoning Petition, APP 2023 #9, on May 3, 2023.
WHEREAS: The Committee voted favorably by a vote of 7-Yes, 1-No, and 1-Absent to direct the City Manager to work with all relevant departments to recommend what new City regulations and Council action or changes to existing regulations or ordinances are needed to put in place in order to implement the Craig Kelley et al. Zoning Petition, for residential car sharing and renting of EV charging stations and bring those recommendations to the Full City Council by June 12, 2023.
ORDERED: That the City Manager is directed to work with all relevant departments to recommend what new City regulations and Council action or changes to existing regulations or ordinances are needed to put in place in order to implement the Craig Kelley et al. Zoning Petition for residential car sharing and renting of EV charging stations and bring those recommendations to the full Council by June 12, 2023.

O-2     May 8, 2023  Amended
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
COUNCILLOR AZEEM
COUNCILLOR CARLONE
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR TONER
WHEREAS: Lesley University recently announced plans to sell additional underutilized properties, following the release of their campus plan in 2021; and
WHEREAS: Following a 2021 policy order, the City worked with Lesley and Homeowners Rehab, Inc. (HRI) to purchase the 1627 Massachusetts Avenue property for affordable housing; and
WHEREAS: The City Council has expressed a desire for the City to purchase property for a range of priorities from Pre-K to green space to housing; and
WHEREAS: The properties that were recently put on the market by Lesley University, as well as others that may become available, could help address these much-needed priorities; now therefore be it
ORDERED: That the City Manager be and hereby is requested to determine the feasibility of purchasing available property from Lesley University and other sources to address City goals; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the feasibility in a timely manner.

O-3     May 8, 2023
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR AZEEM
WHEREAS: Democracy requires informed residents, with independent journalism consistently cited as necessary for well-functioning transparent government; and
WHEREAS: The Cambridge Chronicle, the oldest weekly published newspaper in the country, has no Cambridge based staff and no longer prints articles about local issues due to corporate decisions made by out of state owners; and
WHEREAS: The City recognizes the need for publishing notices that are seen by residents and stakeholders and has been publishing notices in the Chronicle and Boston Globe in accordance with legal obligations for notices; and
WHEREAS: The availability of online newspapers such as Cambridge Day, an independent source of news, confirms the growing need to reach residents who increasingly get their news from online sources; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Law Department and other relevant City departments to recommend how the City can publish legal notices using online newspapers; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council by the end of June 2023.