2. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the FY2021 Cultural Investment Portfolio Program Grant from the Massachusetts Cultural Council in the amount of $12,100 to the Grant Fund Historical Commission Salaries and Wages account ($12,100) which will continue to support part-time archives assistants, who maintain the public archive of Cambridge history.
Order Adopted 9-0

May 10, 2021
To the Honorable, the City Council:

I am hereby requesting an appropriation of the FY2021 Cultural Investment Portfolio Program Grant from the Massachusetts Cultural Council in the amount of $12,100 to the Grant Fund Historical Commission Salaries and Wages account.

The grant will continue to support part-time archives assistants, who maintain the public archive of Cambridge history.

Very truly yours,
Louis A. DePasquale
City Manager

3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of an Urban Areas Security Initiative (UASI) FFY19 grant in the amount of $45,555.55, to the Grant Fund Emergency Communications Extraordinary Expenditures account for acquisition of emergency communication dispatch consoles for upgrades at the City of Cambridge Emergency Operations Center (EOC) at the Water Department Facility.
Order Adopted 9-0

May 10, 2021
To the Honorable, the City Council:

I am hereby requesting the appropriation of an Urban Areas Security Initiative (UASI) FY19 grant in the amount of $45,555.55, to the Grant Fund Emergency Communications Extraordinary Expenditures account for acquisition of emergency communication dispatch consoles for upgrades at the City of Cambridge Emergency Operations Center (EOC) at the Water Department Facility.

The EOC serves as a vital part of our ability to respond to emergencies in the community as well as in the region. In addition, this location also serves as a back-up for the Emergency Communications Department if there is a need to evacuate the department.

Very truly yours,
Louis A. DePasquale
City Manager

5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-11 regarding filling vacant positions.
Placed on File 9-0

May 10, 2021
To the Honorable, the City Council:

In response to Awaiting Report 21-11 regarding filling vacant positions, please be advised of the following:

At the time the FY21 Operating Budget was submitted, it was intended that all new positions would not be filled until at least April 2021 because of the financial uncertainty due to the COVID-19 pandemic, and while the City continued to assess both immediate and long term impacts of the crisis.

During conversations with the Council, it was noted that delaying the hiring process for certain vacant positions in the Police Department would result in approximately $2.5 million in savings. It was subsequently agreed to delay filling these vacancies in the Police Department in order to begin the process of hiring staff for newly created positions related to key areas of affordable housing, human services, equity, and early childhood, which would otherwise have been intentionally kept vacant for most of the Fiscal Year.

In honoring this commitment, the Police Department took the following actions in FY21:

• Delayed the third class of the Cambridge-Northeastern Police Recruit Academy with 12 potential recruits by six (6) months, resulting in approximate savings of $492,000.

• Did not fill approximately 16 sworn vacancies that occurred at various points during the year for approximate savings of $560,000.

• Delayed the second class of the newly reinstated Police Cadet Program by one year. This resulted in budget savings of approximately $600,000, which would have funded approximately 15 new cadets.

• Civilian positions went unfilled for most of the fiscal year including the Procedural Justice Informatics Analyst position, Case Manager positions in Professional Standards and Clinical Support, a Fiscal Affairs Analyst and 3 clerical positions in the Departments records Unit. These resulted in savings of approximately $727,000.

These actions allowed the City to move forward with the hiring process for the new prioritized positions noted in the Awaiting Report. I am pleased to share that significant progress has been made in filling these new positions, and is noted as follows:

• A new Case Manager in the Housing Liaison Office began employment in December 2020.

• A new Housing Case Manager at the Multi-Service Center is in the final stages of the hiring process.

• A new Associate Housing Planner began employment in January 2021 to support the inclusionary rental housing program.

• A new Housing Development Project Planner was hired in April 2021 and will add capacity to the preservation and development program in the Community Development Department.

• Staff are finalizing a job posting for a new Compliance and Asset Manager position, which is anticipated to be posted before the end of the fiscal year.

• A new Part-time Inclusionary Housing Assistant position was posted in fall 2020 and reposted in February 2021. Applications received are actively being reviewed.

• A new Social Worker focused on the Central Square Branch Library began employment in March 2021.

• New positions related to early childhood are currently posted (School Readiness Manager) or will be posted shortly (Outreach Worker for the African American Community) as new leadership staff related to those positions have become more familiar with, and begin to put their teams together.

• An additional early childhood position (Parent Educator/Home Visiting Coordinator) will be hired this summer as all of the home visiting and most of the parent education is currently being done remotely due to the pandemic.

• Funding was included the FY21 Budget for leadership in Equity and Culture. The position of Director of Organizational Culture has been created and will be posted this fiscal year. Internal discussions are ongoing, and it is anticipated that in addition to providing leadership, the position will coordinate and enhance the City’s antiracism, equity and inclusion efforts.

In general, filling vacant positions, and particularly for newly created positions, involves several steps before an individual is eventually hired and begins employment. This might include further internal discussions among leadership and management staff and refining the title, role, and salary. There are also logistical considerations, particularly regarding available physical space as the City continues to work to mitigate the spread of COVID-19. Finally, the interview and hiring process can take several weeks in many cases, especially as the City strives hire the highest quality candidates for any position.

Very truly yours,
Louis A. DePasquale
City Manager

6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-31, regarding funding for housing stabilization assistance in the Fiscal Year 2022 Budget.
Placed on File 9-0

May 10, 2021
To the Honorable, the City Council:

In response to Awaiting Report Item Number 21-31, regarding funding for housing stabilization assistance in the Fiscal Year 2022 Budget, please be advised of the following:

I am very proud to share that the FY22 Budget reflects a strong commitment to affordable housing and housing stabilization which is one of the City’s top priorities and has become even more crucial as we continue to work to support our most vulnerable residents that have been impacted by the COVID-19 pandemic.

The FY22 Budget includes $350,000 in additional funding specifically for housing stabilization services related to eviction prevention including rental assistance, and other stabilization programming as outlined below:

The submitted FY22 Budget includes an additional $100,000 for rental assistance to support households that are at risk of losing housing. This funding is in addition to $215,000 in rental assistance funding which was already part of the Multi Service Center budget in the Department of Human Service Programs.

The budget also includes an additional $100,000 for stabilization services, which was added to the Housing Liaison Office budget within the Executive Department. This funding will be used to supplement existing services administered through non-profit partners, such as mediation and/or other specialized interventions. There are also additional funds included in the FY22 Budget to support potential additional staff and or services in the Housing Liaison Office ($50,000).

The submitted FY22 Budget was also increased by an additional $100,000 for legal services to support eviction prevention efforts through the Multi Service Center. This funding is in addition to $286,707 which was already part of the Multi Service Center budget in the Department of Human Service Programs. Currently, funding is divided between Greater Boston Legal Services and DeNovo. The additional FY22 funds will be allocated to those two organizations, and in coordination with the City Manager’s Housing Liaison Office.

Very truly yours,
Louis A. DePasquale
City Manager

8. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $28,500,000 to provide funds for the construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within River Street and Harvard Square areas as well as the Sewer Capital Repairs Program and climate change preparedness efforts.
Passed to 2nd Reading 9-0

May 10, 2021
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $28,500,000 to provide funds for the construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within River Street and Harvard Square areas as well as the Sewer Capital Repairs Program and climate change preparedness efforts.

This order is being submitted prior to the Finance Committee hearing on the FY22 Public Investment Budget which is scheduled for May 18, 2021 to allow the City Council to vote on this order on June 7, 2021 which is the projected date for City Council adoption of the FY22 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on May 10, 2021, the City will comply with all legal requirements so that the order may be adopted on June 7, 2021. Please see the Public Investment Section in the FY22 Submitted Budget for additional information on these projects. As noted above, the Finance Committee hearing on the FY22 Public Investment Budget is scheduled for May 18, 2021.

Very truly yours,
Louis A. DePasquale
City Manager

Agenda Item Number 8     May 10, 2021

ORDERED: That $28,500,000 is appropriated, in addition to any amounts previously appropriated, for the purpose of financing the design and construction of various water pollution abatement projects, including but not limited to:

• Construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within River Street and Harvard Square areas as well as the Sewer Capital Repairs Program and climate change preparedness efforts;

• including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $28,500,000 and issue bonds or notes therefore under G.L. c.44 and/or Chapter 29C of the General Laws or any other enabling authority; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the City Manager determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the City Manager is authorized to borrow all or a portion of such amount from the Massachusetts Clean Water Trust established pursuant to Chapter 29C or the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or a security agreement and/or financial assistance agreement with the Trust or the Authority and otherwise to contract with the Trust and the Authority and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the City Manager or any other authorized City official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects.

Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any premium applied to the costs of preparing, issuing and marketing them, may be applied to the payment of project costs approved by this vote in accordance with M.G.L. c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

9. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $1,800,000 to provide funds for various Schools for projects that include: asbestos abatement in various schools, replace the front plaza and failing masonry wing walls and recaulking the building at the Haggerty School, replace emergency generator and extend exhaust at Cambridgeport, recaulking precast panels at CRLS Field House, unit vents engineering at the Fletcher Maynard Academy and Longfellow building and replace the gym floor at the Amigos School.
Passed to 2nd Reading 9-0

May 10, 2021
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $1,800,000 to provide funds for various Schools for projects that include: asbestos abatement in various schools, replace the front plaza and failing masonry wing walls and recaulking the building at the Haggerty School, replace emergency generator and extend exhaust at Cambridgeport, recaulking precast panels at CRLS Field House, unit vents engineering at the Fletcher Maynard Academy and Longfellow building and replace the gym floor at the Amigos School.

This order is being submitted prior to the Finance Committee hearing on the FY22 Public Investment Budget which is scheduled for May 18, 2021 to allow the City Council to vote on this order on June 7, 2021 which is the projected date for City Council adoption of the FY22 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on May 10, 2021, the City will comply with all legal requirements so that the order may be adopted on June 7, 2021. Please see the Public Investment Section in the FY22 Submitted Budget for additional information on this project. As noted above, the Finance Committee hearing on the FY22 Public Investment Budget is scheduled for May 18, 2021.

Very truly yours,
Louis A. DePasquale
City Manager

---

Agenda Item Number 9     May 10, 2021

ORDERED: That $1,800,000 is appropriated, for the purpose of financing building renovations, including but not limited to, the following projects:

asbestos abatement in various schools, replace the front plaza and failing masonry wing walls and recaulking the building at the Haggerty School, replace emergency generator and extend exhaust at Cambridgeport, recaulking precast panels at CRLS Field House, unit vents engineering at the Fletcher Maynard Academy and Longfellow building and replace the gym floor at the Amigos School; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $1,800,000 under Chapter 44 of the General Laws or any other enabling authority; and be it further

ORDERED: Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any premium applied to the costs of preparing, issuing and marketing them, may be applied to the payment of project costs approved by this vote in accordance with M.G.L. c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

10. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $10,000,000 to provide funds for the Municipal Facilities Improvement Plan. Funds will support improvements at the Department of Public Works Complex, Moses Youth Center HVAC Design, fire notification system installation at 11 buildings, Coffon building bathroom rehab and upgrades and MFIP study. Also, included is funding to support fire station improvements including: Lafayette Square fire station improvements (floor slab, kitchen and gym flooring replacement), Taylor Square fire station improvements (decontamination showers, installation and parapet improvement), East Cambridge fire station improvements (sanitary storm system replacement and generator installation) and Lexington Ave. fire station driveway construction.
Passed to 2nd Reading 9-0-1 (Simmons Absent)

May 10, 2021
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $10,000,000 to provide funds for the Municipal Facilities Improvement Plan. Funds will support improvements at the Department of Public works Complex, Moses Youth Center HVAC Design, fire notification system installation at 11 buildings, Coffon building bathroom rehab and upgrades and MFIP study. Also, included is funding to support fire station improvements including: Lafayette Square fire station improvements (floor slab, kitchen and gym flooring replacement), Taylor Square fire station improvements (decontamination showers, installation and parapet improvement), East Cambridge fire station improvements (sanitary storm system replacement and generator installation) and Lexington Ave. fire station driveway construction.

This order is being submitted prior to the Finance Committee hearing on the FY22 Public Investment Budget which is scheduled for May 18, 2021 to allow the City Council to vote on this order on June 7, 2021 which is the projected date for City Council adoption of the FY22 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on May 10, 2021, the City will comply with all legal requirements so that the order may be adopted on June 7, 2021. Please see the Public Investment Section in the FY22 Submitted Budget for additional information on this project. As noted above, the Finance Committee hearing on the FY22 Public Investment Budget is scheduled for May 18, 2021.

Very truly yours,
Louis A. DePasquale
City Manager

---

Agenda Item Number 10     May 10, 2021

ORDERED: That $10,000,000 is appropriated, in addition to any amounts previously appropriated, for the purpose of planning and financing building renovations, including but not limited to the following projects in the municipal facilities improvement plan; improvements at the Department of Public works Complex, Moses Youth Center HVAC Design, fire notification system installation, Coffon building bathroom rehab and upgrades, and MFIP study. Also, included is funding to support fire station improvements including :Lafayette Square fire station improvements (floor slab, kitchen and gym flooring replacement), Taylor Square fire station improvements (decontamination showers, installation and parapet improvement), East Cambridge fire station improvements (sanitary storm system replacement and generator installation) and Lexington Ave. fire station driveway construction; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $10,000,000 under Chapter 44 of the General Laws or any other enabling authority; and be it further

ORDERED: Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any premium applied to the costs of preparing, issuing and marketing them, may be applied to the payment of project costs approved by this vote in accordance with M.G.L. c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

11. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $5,000,000 to provide funds for the reconstruction of various City streets and sidewalks.
Passed to 2nd Reading 9-0

May 10, 2021
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $5,000,000 to provide funds for the reconstruction of various City streets and sidewalks.

This order is being submitted prior to the Finance Committee hearing on the FY22 Public Investment Budget which is scheduled for May 18, 2021 to allow the City Council to vote on this order on June 7, 2021 which is the projected date for City Council adoption of the FY22 Budget. Approval of loan orders on budget adoption night has been the practice for several years.

If passed to a second reading on May 10, 2021, the City will comply with all legal requirements so that the order may be adopted on June 7, 2021. Please see the Public Investment Section in the FY22 Submitted Budget for additional information on this project. As noted above, the Finance Committee hearing on the FY22 Public Investment Budget is scheduled for May 18, 2021.

Very truly yours,
Louis A. DePasquale
City Manager

---

Agenda Item Number 11     May 10, 2021

ORDERED: That $5,000,000 is appropriated for the purpose of financing the repair and/or reconstruction of various City streets and sidewalks; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $5,000,000 under Chapter 44 of the General Laws or any other enabling authority; and be it further

ORDERED: Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any premium applied to the costs of preparing, issuing and marketing them, may be applied to the payment of project costs approved by this vote in accordance with M.G.L. c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.

13. A communication transmitted from Louis A. DePasquale, City Manager, relative to the first Cycling Safety Ordinance report which analyzes the block-by-block impacts of installing quick-build separated bike lanes on four specific segments of Massachusetts Avenue, as identified in Section 12.22.040 (E) of the ordinance.
Refer to Transportation & Public Utilities Committee 9-0

May 10, 2021
To the Honorable, the City Council:

I am pleased to transmit the first report due under the Cycling Safety Ordinance (Chapter 12.22 of the Cambridge Municipal Code), which analyzes the block-by-block impacts of installing quick-build separated bike lanes on four specific segments of Massachusetts Avenue, as identified in Section 12.22.040 (E) of the ordinance.

Subsequent to this report, City staff will work to determine whether we consider installing quick-build separated bicycle lanes along any of those blocks to be feasible, or whether construction is required in any or all of those blocks. As a result, the attached analysis is focused on describing and characterizing the positive and negative impacts of installing quick-build separated bicycle lanes in the identified blocks, without yet making specific judgments on the feasibility or desirability of moving forward with installing quick-build separated bicycle lanes in these areas.

I am attaching a PDF with the content of the report, but please note that this document is best viewed online, and has been designed so as to make it easily viewable on mobile devices such as a cell phone: <https://www.cambridgema.gov/streetsandtransportation/policiesordinancesandplans/cyclingsafetyordinance/massave4impactsanalysis>

We look forward to continuing our work with the City Council, along with Cambridge residents, businesses, and institutions, to improve bicycle safety throughout Cambridge.

Very truly yours,
Louis A. DePasquale
City Manager

COMMUNICATIONS & REPORTS FROM CITY OFFICERS
1. A communication was received from Mayor Sumbul Siddiqui transmitting questions for the COVID-19 Update.
Placed on File 9-0

COVID-19 UPDATE QUESTIONS

VICE MAYOR MALLON
1. At the last meeting, Public Health advised there were 60 shots given at the vaccine clinic in North Cambridge. What has the count been at subsequent clinics May 5th-7th? Is this more or less than we anticipated? Have there been conversations about Moderna or Pfizer being a more preferred option if the counts were less than expected at the clinics?

2. Can DPW/ISD give an update on restaurant patios in process and how issues are being addressed? The patio at Puritan and Co. has been delayed for several weeks, and we have heard anecdotally that several other patios are being delayed for various reasons. Given the urgency of getting these operationalized, how are we clearing hurdles for restaurants to open their patios as soon as possible?

COUNCILLOR NOLAN
1. What has the city learned about new variants and how that might affect future need for booster vaccinations?

2. With the pandemic changing modes of transit and community, does the city have any monitoring systems in place to help aid future planning - to help ensure up to date information for the implementation of the bike plan and potential enhancements to public transit?

MAYOR SIDDIQUI
1. How is CPH thinking about vaccination for 12 to 15-year-olds?

TEXT OF ORDERS
O-1     May 10, 2021  Charter Right - Zondervan
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
WHEREAS: The pandemic has had a devastating impact on local businesses, including restaurants; and
WHEREAS: The CDC has indicated that it is safe for outdoor dining; and
WHEREAS: Many cities and towns in Massachusetts have closed streets to traffic to allow for safer outdoor dining and to increase foot traffic in business districts; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with all relative City departments, the Central Square BID and the MBTA to close Mass Ave. from Prospect Street to Sydney Street on Friday and Saturday evenings from 7:00pm to 1:00am through September 2021 and report back to the Council.

O-2     May 10, 2021  Amended
COUNCILLOR NOLAN
COUNCILLOR SOBRINHO-WHEELER
VICE MAYOR MALLON
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE
COUNCILLOR MCGOVERN
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR TOOMEY
WHEREAS: Electrification of public transit is an important and necessary step in the fight against climate change, and will help improve air quality in environmental justice communities who are the most impacted; and
WHEREAS: Representative Owens and Representative Barber recently submitted H. 3559, An Act Relative to Public Transit Electrification, which lays out a standard for electrification and a plan to electrify all public transit in Massachusetts by 2030; and
WHEREAS: The City Council passed a resolution last year in opposition of the plans to replace zero-emission transit routes in Cambridge and requesting that the MBTA prioritize environmental justice communities for electrification efforts; and
WHEREAS: H.3559 prioritizes electrification in environmental justice communities, where air quality is already poor, and creates a roadmap for full electrification; now therefore be it
RESOLVED: That the City Council go on record in support of H.3559 An Act relative to public transit electrification; and be it further
ORDERED: That a suitably engrossed copy of this resolution be sent to the Cambridge state delegation.

TEXT OF COMMITTEE REPORTS
Committee Report #1
Date: Wed, Feb 24, 2021, 5:00pm, Sullivan Chamber
Present: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Simmons

The Ordinance Committee met to conduct a public hearing on the following ordinance amendments:

1. A municipal ordinance to reduce or limit campaign donations from donors seeking to enter into a contract, seeking approval for a special permit or up-zoning, seeking to acquire real estate from the city, or seeking financial assistance from the city.

That the City Council adopt a municipal ordinance to reduce or limit campaign donations from donors seeking to enter into a contract, seeking approval for a special permit or up-zoning, seeking to acquire real estate from the city, or seeking financial assistance from the city; [CHARTER RIGHT EXERCISED BY COUNCILLOR SIMMONS IN COUNCIL OCT 26, 2020]

2. A Home Rule Petition that would cap campaign contributions to any City Council candidate to $200 per person, per year, per candidate and limit candidate loans to $3,000 per election cycle The Cambridge City Council direct the City Manager to work with the City Solicitor’s Office to draft a Home Rule Petition that would cap campaign contributions to any City Council candidate to $200 per person, per year, per candidate and limit candidate loans to $3,000 per election cycle. [REFERRED TO THE ORDINANCE COMMITTEE IN COUNCIL NOV 2, 2020]

Councillor McGovern called the meeting to order at 5:00pm and opened the floor to Councillor Carlone.

Councillor Carlone explained that since 2016 the council has talked about campaign financing, including public financing, including limiting donations in some way or another. He proposes a limit of $200 for a person doing business or hoping to do business with the city or gaining profit by working with the city through a special permit, through a consultancy contract, through a purchasing of land. Somerville has something and New Jersey has a number of communities that have put into effect, a restriction on who can give money.

Councillor McGovern opened the floor to public comment.

James Zall, 203 Pemberton Street, North Cambridge, stated that the harmful influence of money in politics has become such a common place that we routinely hear unsubstantiated allegations of corruption and conflict of interest, tossed out as substitutes for more helpful policy arguments on many issues. He stated that Policy Order #240 should not be adopted. He preferred that the council work on Policy Order #253.

Allan Sadun, 17 Pleasant Place, supported both policy orders. He stated that the clause referring to any zoning change enhancing permittees value, seems vague, unnecessary and could potentially apply to anyone who submits a citizen's petition. He suggested that the zoning clause should only refer to zoning petitions submitted by property owners, and it should specifically only refer to petitions that are basically spot zoning; or that the zoning clause should refer to downzoning as well as up zonings is on fares currently written. He suggested including landmarking and historical Conservation District applications.

Suzanne Blier spoke in support of providing public funding of people running for city council elections. She supports the idea that those who can financially benefit from the city in the form of special permits and otherwise should be limited in the amount of money that they can donate. She stated that lower contribution limits would benefit incumbents and hurt new candidates.

Lee Ferris, 269 Norfolk Street, speaking for the Cambridge residents’ alliance in support of the ordinance proposed in Policy Order #240 to limit campaign contributions from people or entities doing business with the city. Policy Order #253 would disadvantage new council candidates by making it harder for them to raise needed funds, and that it would advantage incumbents. And similarly, limiting loans from the candidate as proposed in Policy Oder #253, would also disadvantage newcomer candidates. We certainly agree with the other folks who would prefer public financing of campaigns.

Councillor McGovern opened the floor to comments from City staff.

Arthur Goldberg, Deputy City Solicitor, stated that in the last couple of years issued legal opinions to the council related to this issue. It involves the First Amendment to the Federal Constitution, the right to free speech, and political donations have been considered a form of speech by the US Supreme Court. There have been various attempts throughout the country to regulate campaign contributions and expenditures, and it is a legal minefield. The “pay to play” type ordinance is something that has been upheld, at least in the Second Circuit. The Law Department has suggested enacting this type of regulation as a home rule petition, that would authorize the city to enact an ordinance.

Attorney Goldberg stated he was in touch with someone at the city of Somerville today who said they have not had any litigation related to their ordinance and it is an effect. He explained that the law department had questions about the applicability of the proposed definitions. He stated that competitively bid contracts are exempted. He explained the Somerville ordinance’s definition of applicant does not reference zoning. He stated that the definition of business entity is provided in this ordinance, but that definition is not in the Summerville ordinance. He felt the definition was confusing.

Councillor Carlone stated that the wording was sent to the Lord department in September. He asked the manager two or three times to get a response. He stated that these details could have been discussed in an individual meeting rather than a committee meeting. He explained that he was frustrated by this response.

Arthur Goldberg apologized that the law department had not spoken with Councillor Carlone. He explained that he thought the matter would be discussed in committee. He requested clarification is this only applies to business entities who are applicants for a contract for the zoning change, for the financial assistance, because the current wording does not say it applies to business entities who are applicants.

Arthur Goldberg stated that the contract renewal language should be clarified. He stated that one of the more significant issues as in the penalties section, it seems incomplete. The proposal stated that the enforcement authority shall be the ethics commission or the auditor, but Cambridge does not have an Ethics Commission.

Councillor Carlone stated that the ordinance limits donations to $200. He stated that in 2016 a policy order was introduced for a joint meeting to discuss models of campaign finance reform and publicly funded elections. Later the council passed a policy order that the city manager is requested to confer with the city solicitor to determine which public campaign finance options are legal for municipal elections in Cambridge and report back Apr 30, 2018. Council which to me submits policy order for publicly financed campaigns. In 2018, Councillor Toomey introduced a policy order to schedule a public hearing on public financing of campaigns. He detailed the numerous attempted of the Council to implement campaign finance reform. This ordinance is not about addressing the behavior of any elected officials. This ordinance puts the onus on people who seek approval from city bodies that will financially benefit from them. He stated that he was very frustrated by this process.

In response to a question from Mayor Siddiqui about the legality of the proposed ordinance Attorney Goldberg stated that a city or town does not have any authority to regulate elections, except with some limited exceptions. The law department construes that to mean that the city does not have authority to regulate campaign contributions locally. The city will need state approval for campaign regulations.

In response to a question from Mayor Siddiqui about down zoning Attorney Goldberg stated that the proposed ordinance does not use the term down zoning. The definition section does define zoning change, enhancing the permittees value. He suggested that the language should be even broader. If the council wants to regulate people, whose property values may go up because of a zoning change. In terms of the application, for a zoning change, the first definition of applicants is a person files an application, and including for a zoning change, enhancing permit value.

In response to a question from Councillor Sobrinho-Wheeler about why Somerville did not need a home rule petition for their ordinance, Attorney Goldberg, stated he did not know the reasoning of the Somerville law department.

Councillor Sobrinho-Wheeler encouraged the Law Department to have a conversation with the Somerville Law Department about Somerville enacted their ordinance without a Home Rule petition. He stated that he supported passage of the proposal.

Councillor Zondervan stated that he shared Councillor Carlone’s frustrations. He did not believe that the ordinance requires a home rule petition. He was in favor of moving Councillor Carlone’s proposal forward.

In response to a question from Councillor Toomey, Attorney Goldberg, stated he did reach out earlier today to the Somerville law department and they confirmed there has not been a legal challenge to their ordinance.

In response to a question from Councillor Toomey, Attorney Goldberg, stated that he did not think that the ordinance applies to the zoning benefit. It will apply if there is an increase in allowed density or height, or reduction in setbacks, or parking, or an expansion of allowed uses, then the person who applied for that would be subject to the restrictions in the ordinance. Meaning their contributions would be limited.

Councillor Toomey expressed concern about the ordinance applying to a donation made before the person submitted an application for zoning relief.

In response to a question from Councillor Nolan , Attorney Goldberg, stated the cannabis, retail stores and cannabis clinics in the city are allowed by special permit of the planning board. So, they would come within the definition of an applicant in the ordinance.

Councillor Nolan raised the issue of publicly financed elections.

Vice Mayor Mallon asked for clarity about the structure of the Somerville Ethics commission. She encouraged the Law Department to consult with Somerville. She questioned why the Law Department advised that the Council would have to submit a home rule petition. She shared Councillor Carlone’s frustration with the response from the Law Department.

Councillor McGovern discussed the second proposal on the agenda. He believed that campaign donations should be limited across the board. He acknowledged the unresolved question about what to do with leftover campaign funds. He stated that he did not have an issue with the first policy order. He explained the importance of eliminating the perception of the influence of money in politics.

In response to a question from Councillor McGovern , Attorney Goldberg, stated he did not believe that the ordinance refers to city employees. There's a definition of a contract in excess of $25,000 for goods or services to which the city is a party.

Mayor Marc McGovern 1:20:39
Good. Councillor Zondervan comes to Carl Thompson, Zondervan. Go ahead.

Councillor Zondervan felt that the intent to regulate business entities is clear. If the Council does need to make clarifications in the language to make sure that individuals or small businesses are explicitly excluded, he would support that change.

Councillor Carlone stated that an up zoning increases the value of property and they are far more common.

Councillor Carlone moved: That the City Manager be and hereby I requested to instruct the Law Department to review the proposed ordinance to reduce or limit campaign donations, POR 2020 #240, and respond to the City Council, in a reasonable time, with suggested edits, comments and recommendations.

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

Councillor McGovern moved: The that Policy Order requesting that "City Manager to work with the City Solicitor’s Office to draft a Home Rule Petition that would cap campaign contributions to any City Council candidate to $200 per person, per year, per candidate" be forwarded to the City Council.

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

Councillor Toomey moved to adjourn.

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

Proposed Order     May 10, 2021
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR SIMMONS
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI
COUNCILLOR TOOMEY
WHEREAS: The Ordinance Committee met on Feb 24, 2021 to discuss campaign finance reform.
WHEREAS: The committee voted to refer the following order to the City Council; Now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Law Department to review the proposed ordinance to reduce or limit campaign donations, POR 2020 #240, and respond to the City Council, in a reasonable time, with suggested edits, comments and recommendations.

Proposed Order     May 10, 2021
COUNCILLOR MCGOVERN
WHEREAS: The Ordinance Committee met on Feb 24, 2021 to discuss campaign finance reform.
WHEREAS: The committee voted to refer the following order to the city council; Now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the City Solicitor’s Office to draft a Home Rule Petition that would cap campaign contributions to any City Council candidate to $200 per person, per year, per candidate.