3. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-58, regarding a report on creating a comprehensive digital, postal, and traditional media outreach campaign educating residents on the Cambridge eviction moratorium, tenants' rights, and resources available to at-risk tenants.
Placed on File 9-0

May 17, 2021
To the Honorable, the City Council:

In response to Awaiting Report Item Number 20-58, regarding a report on creating a comprehensive digital, postal, and traditional media outreach campaign educating residents on the Cambridge eviction moratorium, tenants' rights, and resources available to at-risk tenants, Housing Liaison Maura Pensak reports the following:

Since April 20, the Public Information Office, in coordination with the City Manager’s Housing Liaison, Cambridge Public Schools, Department of Human Service Programs, Community Development, and others, has implemented a multichannel campaign to educate residents about the Cambridge eviction moratorium, tenants’ rights, and resources available to residents.

City Website:
In addition to posting news items on the City’s website and highlighting them on the homepage, information was added to the COVID-19 Housing Resources page early in the pandemic and additional information was posted to a dedicated page created at http://www.cambridgema.gov/tenantsrights to share more specific information and resources. To call out the information more prominently, a website banner image was developed with the help of the Information Technology Department and placed at the top of the homepage of the City’s website at http://www.cambridgema.gov.

In addition, a landing page for the Housing Liaison Office is being created to provide a space for general housing information to be accessed. The page will direct residents to specific services and resources for housing and housing related concerns of all types.

Direct Mail/Publications:
Information was included in several City of Cambridge publications mailed directly to all households in Cambridge. Specifically, information on the moratorium and housing resources appeared in several parts of the May 2020 CityView mailer, information on the Housing resources information line and housing stabilization fund in the September 2020 edition of The Cambridge Life Magazine, an article on the eviction moratorium and tenant protection was highlighted in the November 2020 CityView mailer, and the January 2021 edition of The Cambridge Life had a half-page callout on the back cover dedicated to the eviction moratorium and tenants rights and resources. Housing resources were also included in several direct mailers related to the COVID-19 pandemic and City resources that were mailed to households in 2020.

Social Media:
Information has been posted and reposted to the City’s Twitter account, Facebook page, and Nextdoor account many times throughout the pandemic. This information has been amplified and shared by other City departments, community partners, and followers.

Press Outreach:
A press release was sent to our media list targeting Cambridge, regional, and other news outlets with information about the Tenant’s Rights ordinance and stories were published in several publications.

Email Outreach:
In addition to information added to City’s Daily Email update sent to approximately 18,000 subscribers, the City Manager’s Office consulted with the Community Development, Inspectional Services, and others to curate a list of Cambridge property owners and managers. This list has over 800 contacts and was emailed directly with information related to the ordinance, their responsibilities, and materials to post in their buildings, etc.

Multilingual Materials:
Translated information related to the eviction moratorium and tenants’ rights appears in multiple languages (Amharic, Arabic, Bangla, Chinese, Haitian Creole, Portuguese, Spanish) in the CityView publications and multilingual flyers with information were created and posted on the tenants’ rights website and for partners to distribute those they serve.

Cambridge Public Schools:
The City Manager’s Housing Liaison has connected with the School Department for their assistance sharing information with families. Housing information was included in several of the Superintendent’s message and other email communications to families. A flier/handout was created, translated into multiple languages, and provided to the school department to disseminate to students and families with housing resources and information.

Other:
A flier/handout was created, translated into multiple languages, and shared with DHSP to disseminate through Fuel Assistance and Community Learning Center mailings and information.

Ongoing Education, Promotion, and Monitoring:
This past month, The City Manager’s Office, Community Development Department, Human Rights Commission and the Department of Human Service Programs’ Multi-Service Center have launched a city-wide campaign: Housed In Cambridge: Information to Open Doors. This Campaign is designed to educate and inform residents on housing opportunities and housing related resources and services and will include webinars, an interactive on-line housing guide and story map, a social media campaign and information materials. To date, 3 webinars have been presented during the past 3 weeks as part of Fair Housing month. Beginning in June, monthly webinars and trainings will be offered.

We will continue to mention this information in our Daily Email Updates, via the City’s social media accounts and website, and in City publications where appropriate. In addition, the City Manager’s Housing Liaison is planning to work with the Public Information Office, Community Development, and others to streamline information about housing on the City’s website and produce additional video, print, and other materials for dissemination. Communications will continue to be sent to our property owner and management list quarterly to remind them of their obligations.

In anticipation of an uptick in eviction proceedings when the state moratorium was lifted, City staff began biweekly meetings with legal service organizations as well as pulling information on proceedings taking place. Thankfully, numbers have been very low in Cambridge, and we believe this is due in part to the strong and ongoing partnerships the City has built and continues to build with property management companies. They have helped get housing resource information to tenants to call the City for assistance before it’s too late, and the assistance provided directly to residents through the Mayor’s Disaster Relief Fund and the Housing Stabilization Program has helped residents tremendously.

We will stay vigilant and continue to monitor trends and communicate important housing-related information to the community as there is some concern about upticks we may see in the coming months as additional assistance runs out.

Very truly yours,
Louis A. DePasquale
City Manager

4. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-3, regarding a report on the parameters on eligible expenses from Free Cash.
Referred to Finance Committee 9-0 (Mallon)

May 17, 2021
Re: Response to Awaiting Report No. 21-3 Re: Report on Parameters on Eligible Expenses from Free Cash.

Dear Mr. DePasquale:
We have prepared this opinion in response to the above-referenced Awaiting Report No. 21-3, Order No. O-4 of 1/11/21 ("Council Order"). The Council Order requests the City Manager to: ( 1) "provide any advisory from the State of Massachusetts Department of Revenue (DOR) that outlines restrictions which prohibit the City of Cambridge from allocating direct financial assistance to residents, non-profit agencies or small businesses"; (2) "provide the City of Cambridge's existing Free Cash policy for City Council Review and discussion"; and (3) "[i]f such a City policy does not exist ... request the State of Massachusetts Department of Revenue (DOR) to issue an Informational Guideline Release (IGR) that allows for more robust parameters on eligible expenses from free cash to directly assist residents, small business, non-profit organizations."

The Supreme Judicial Court has stated: "It is a fundamental principle of constitutional law frequently declared that money raised by taxation can be used only for public purposes and not for the advantage of private individuals." Opinion of the Justices, 368 Mass. 880, 885 (1975) (quoting Opinion of the Justices, 337 Mass. 777, 781 (1958)). Additionally, Art. 18, Sec. 2 of the Amendments to the Massachusetts Constitution (the "Anti-Aid Amendment") states, in pertinent part:

No grant, appropriation or use of public money or property or loan of credit shall be made or authorized by the commonwealth or any political subdivision thereof for the purpose of founding, maintaining or aiding any infirmary, hospital, institution, primary or secondary school, or charitable or religious undertaking which is not publicly owned and under the exclusive control, order and supervision of public officers or public agents authorized by the commonwealth or federal authority or both ....

As requested by the Council, we spoke with Patricia Hunt ("Hunt"), Chief of the Bureau of Municipal Finance Law, Division of Local Services, Massachusetts Department of Revenue ("DOR") regarding the requests posed in the Council Order. In response, Hunt provided information regarding DOR's position concerning a municipality's use of public funds (i.e., monies raised from taxation), and also directed us to a presentation that she made to a Massachusetts Municipal Lawyers Association ("MMLA") conference on April 29, 2020 regarding this issue.

Hunt explained that it is DOR's position that public funds cannot be used to support private individuals or entities, and that this principle applies regardless of how funds are classified. Thus, under DOR's position, the rule prohibiting the use of public funds to support private uses and the Anti-Aid Amendment both apply to any use of City funds raised by taxation irrespective of how those funds are classified (e.g. from a "free cash" account versus from the City's "general fund").

As it relates to using public funds to support private businesses, Hunt provided us with an opinion that DOR issued to the Town of Ipswich on August 15, 1994 ("Ipswich Op.").¹ In addition to noting the rule prohibiting the use of public funds for private uses and the Anti-Aid Amendment, the Ipswich Opinion refers to Article 88 of the Articles of Amendment to the Massachusetts Constitution ("Article 88"). (Ipswich Op., pp. 2-3.) Article 88 states: "The industrial development of cities and towns is a public function and the commonwealth and the cities and towns therein may provide for the same in such manner as the general court may determine."

1   A copy of DOR's Ipswich Opinion is attached hereto.

DOR's Ipswich Opinion describes Article 88 as being an exception to the prohibition on using public funds to aid private businesses. (Ipswich Op., p. 2.) Page 2 of the Ipswich Opinion also cites Opinion of the Justices, 373 Mass. 873, 875 (1977), and notes that the Court in that case recognized that the term "industrial development" in Article 88 should be broadly construed to include businesses other than just manufacturing companies. The Ipswich Opinion goes on to note that a statutory authorization is generally required in order for municipalities to provide grants to businesses pursuant to Article 88, and that there was no such statutory authorization for the proposed grant of funds discussed therein (a feasibility study). (Ipswich Op., pp. 2-3.)

In speaking with Hunt, she indicated that DOR has taken the position that based on the language of Article 88, a municipality generally may only provide grants of public funds to private businesses if there is a statute that authorizes such grants. As an example, Hunt referred to a special act that specifically allows the Town of Ashland to create "an economic development funding program from which individuals or businesses may apply to borrow funds or receive grants for use on private property ... to encourage and facilitate economic growth and development." Mass. Acts. Of 2018, c. 420, §§ 1-2. Additionally, in her MMLA conference presentation last April, Hunt specifically indicated that DOR believes it would likely be inappropriate for municipalities to provide public funds to private businesses in order to assist them in light of the Covid-19 pandemic. Rather, Hunt said that such an expenditure would likely need to be authorized by a general law or a special act like the aforementioned one that was enacted for the Town of Ashland.

It should be noted that even if there is a statute permitting a municipality to provide public funds to a private entity, that expenditure would still need to comply with the requirement that public funds be used for public purposes and not for the advantage of private individuals. The Supreme Judicial Court ("SJC") has recognized a non-exhaustive list of factors that courts are to consider when determining whether an expenditure of public funds is properly used to support public purposes instead of improperly benefitting private individuals. Allydonn Realty Corpo v. Holyoke Hous. Auth., 304 Mass. 288, 292 (1939). Some of those factors include: (1) whether the benefit is available on equal terms to the entire public in the locality affected; (2) whether the service or commodity supplied is one needed by all or by a large number of the public; (3) whether the enterprise bears directly and immediately, or only remotely and circumstantially, upon the public welfare; (4) whether the need to be met in its nature requires united effort under unified control, or can be served as well by separate individual competition; (5) whether private enterprise has in the past failed or succeeded in supplying the want or in eradicating the evil; and (6) whether, in so far as benefits accrue to individuals, the whole of society has an interest in having those individuals benefited. Id. at 293. Additionally, the SJC has noted that the aforementioned considerations are in no sense to be regarded as exclusive of others, and great or little or no weight may be attached to some of them according to the presence or absence of others, or of still other conditions not specifically identified by the SJC. Id.

The information we received from DOR regarding the prohibition on using public funds for private uses is generally consistent with previous opinions we have provided concerning the City's expenditure of public funds.

Very truly yours,
Nancy E. Glowa
City Solicitor

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MASSACHUSETTS DEPARTMENT OF REVENUE
DIVISION OF LOCAL SERVICES
P.O. Box 9655
Boston 02114-9655

(617) 727-2300
FAX (61 7) 727-6432

MITCHELL ADAMS
Commissioner

LESLIE A. KIRWAN
Deputy Commissioner

August 15, 1994

George E. Howe
Town Manager
Ipswich Town Hall
Ipswich, MA 01938

Re: Reserve Fund Transfer
Our File No. 94-624

Dear Mr. Howe:

You have asked if there is any legal prohibition for the town to contribute up to $500 toward a private feasibility study to see whether there is sufficient interest in a larger YMCA presence and if it could be locally financed in a vacant downtown building. The funds were transferred by finance committee vote in May for the purpose and have been encumbered but not yet spent, as I understand the situation. We do not believe the expenditure is proper for a municipality as set forth in the balance of the opinion.

There are two legal issues raised by this transfer. The first is whether the expenditure is for an extraordinary or unforeseen expense for which the finance committee could authorize a transfer. The second is whether this use of the appropriation would violate the so called Anti-Aid Amendment of the Massachusetts Constitution.

Under G.L. Ch. 40, S. 6, the finance committee has the authority to transfer from the reserve fund "[t]o provide for extraordinary or unforeseen expenditures ..." of the town. We have interpreted this language as authorizing the finance committee to transfer to depleted appropriation accounts which are inadequate due to unusual circumstances which occur during the fiscal year. It also authorizes transfer to an account not contemplated at annual or special town meeting if circumstances warranting such expenditure arise thereafter. In either case some exigency should exist requiring action before a special town meeting can be held.

In this case we have not been informed whether this expenditure was considered at an annual or special town meeting. If the item was considered and rejected at such a meeting, no finance committee transfer may be made, in our opinion. However, if for some reason the need for such a study requirement was not known at the time of annual or any special town meeting and there is some reason why such an expenditure could not await a subsequent speccia1 town meeting, it could be transferred as an extraordinary or unforeseen expense, provided it is for a proper municipal purpose.

You suggest that the town would benefit from such a study since the result could have an impact on town revitalization efforts. You also suggest the town could contribute to such a study as a matching contribution to a small cities grant. You do not indicate that such a grant actually exists.

As a general principal of municipal law, it is considered inappropriate to use municipal funds to support a private business with only incidental benefit to the town. Lowell v. Boston, 111 Mass. 454, at 461. In addition, as a matter of constitutional law, public money may not be used to aid or benefit charitable or religious institutions. Amend. Art. 46 of the Massachusetts Constitution. That constitutional provision states:

No grant, appropriation or use of public money or property or loan of credit shall be made or authorized by the Commonwealth or any political subdivision thereof for the purpose of founding, maintaining or aiding any infirmary, hospital, institution, primary or secondary school, or charitable or religious undertaking which is not publicly owned and under the exclusive control, order and supervision of public officers or public agents. (emphasis added).

As an exception to the prohibited use of public funds to aid private business, the citizens of Massachusetts in 1966 amended the state constitution to specifically declare that:

the industrial development of the Commonwealth is a public function and the commonwealth and the cities and towns therein may provide for the same in such manner as the general court may determine. Amend. Art. 88 of the Massachusetts Constitution. (emphasis added)

The Supreme Judicial Court has indicated that "industrial development" should be broadly construed to include businesses other than manufacturing companies. Opinion of the Justices, 373 Mass. 873, 875 (1977). The legislature has enacted statutes generally assisting private business either through public bond authorizations for development or tax incentives therefor. See G.L. Ch. 40D (Industrial Development); G.L. Ch. 40H (Economic Development Assistance); G.L. Ch. 121A (Urban Redevelopment); G.L. Ch. 121B (Housing & Urban Renewal) and G.L. Ch. 121C (Economic Development). These statutes authorize specific mechanisms, such as special agencies or authorities, for providing such general assistance. These agencies are authorized to accept grants from municipalities and other governmental units to conduct studies and make plans for urban revitalization. See, for example, G.L. Ch. 121B, S. 46(e) & (g). Conspicuously, these provisions do not authorize outright grants or contributions to particular private institutions by municipalities, except through such agencies. [Note that such an urban renewal agency may delegate its responsibility to a town under G.L. Ch. 121B, S. 50]

Both the federal and state governments provide grants to cities and towns to aid in economic revitalization of locations which meet the requirements thereof. In some situations matching funds may be required from a municipality. These programs implicitly authorize city and town contributions pursuant to federal or state law. No such law authorizes a contribution from a town for a private study without such a grant or specific statutory provision.

While the expenditure for this study may appear a de minimis one for general public good, it is still one primarily for the benefit of a charitable and/or religious institution, in our opinion. If it benefits the town it does so only incidentally. Thus, it would seem to run contrary to Amend. Art. 46, S. 2 of the Massachusetts Constitution.

We hope this addresses your concerns. If we may be of further service, please do not hesitate to contact us again.

Very truly yours,
Harry M. Grossman
Chief, Property Tax Bureau

7. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $70,000 from the Mitigation Revenue Stabilization Fund to the Public Investment Fund Community Development Extraordinary Expenditures account from mitigation funds contributed by Regency Centers to the Harvard Square Improvement Fund as a condition of special permit #PB334 which will be used for the purchase and installation of public space improvements on Palmer Street in Harvard Square.
Order Adopted 9-0

May 17, 2021
To the Honorable, the City Council:

I am hereby requesting the appropriation of $70,000 from the Mitigation Revenue Stabilization Fund to the Public Investment Fund Community Development Extraordinary Expenditures account.

These mitigation funds were contributed by Regency Centers to the Harvard Square Improvement Fund as a condition of special permit #PB334. Funds will be used for the purchase and installation of public space improvements on Palmer Street in Harvard Square.

Palmer Street is currently an underutilized public space in Harvard Square. Implementation of relatively low-cost tactical interventions could improve the quality of the public experience through visual enhancements and activation elements. Improvements may include tables and chairs, planters and other landscaping, paint or murals, overhead visual enhancements, and other interactive elements like musical pieces, magnetic poetry, or oversized games. These elements would be deployed in a way to emphasize the pedestrian-oriented nature of the street and draw new activity, while still accommodating delivery vehicle use. Improvements to Palmer Street would create a welcoming space to promote public life and economic activity.

The Community Development Department initiated a public process in February 2021 to determine public space goals from the community and finalize a design for the space. A second meeting will be scheduled in June 2021. This project was also presented and supported by the Harvard Square Advisory Committee. Improvements are anticipated to be completed this summer.

Very truly yours,
Louis A. DePasquale
City Manager

8. A communication transmitted from Louis A. DePasquale, City Manager, relative to revised versions of the Retail Zoning Petition and Home Occupations Zoning Petition.
Petition Amended by Substitution (CDD text) 9-0; Passed to 2nd Reading 9-0; Placed on File

May 17, 2021
To the Honorable, the City Council:

The attached documents contain revised versions of the Retail Zoning Petition and Home Occupations Zoning Petition prepared by Community Development Department and Law Department staff. The revisions follow discussions and positive recommendations by the Planning Board and Ordinance Committee on both petitions. Staff suggests that the City Council amend both petitions by substituting the revised text prior to voting on ordination.

Very truly yours,
Louis A. DePasquale
City Manager

9. A communication transmitted from Louis A. DePasquale, City Manager, relative to additional information on an Acoustic Music response currently On the Table. [License Commission Mar 9, 2021 Memo] [License Commission Feb 22, 2021 Memo]
Placed on File 9-0

May 17, 2021
To the Honorable, the City Council:

Following the City Council’s discussion during its February 22, 2021 meeting regarding the above-referenced matters, the Cambridge Board of License Commissioners (the “Board”) met on March 1 and 9, 2021 to discuss the question of filing a home rule petition seeking special legislation (the “Home Rule Petition”) that would authorize the City to allow establishments to have acoustic music performances at their premises without first obtaining a license from the Board. The Board had previously discussed this matter on February 10, 2021, and the Board’s Chair informed the City Council during the Council’s February 22 Meeting that the Board did not support filing such a Home Rule Petition. A copy of the March 9, 2021 memorandum from the Chair of the Board (the “Board’s Memo”) outlining the Board’s position after the additional Board meetings is attached for reference.

As outlined in the Board’s Memo, after discussing the proposed Home Rule Petition during two of its subsequent meetings, the Board’s position remains unchanged and the Board does not support such legislation regardless of the type of business it would apply to. The Board remains concerned about the safety implications of allowing such performances without a license, including, but not limited to, blocking of ingress and egress, compliance with the Americans with Disabilities Act, overcrowding, and the safety of employees, patrons, and first responders. The Board is also concerned about the noise implications of allowing such performances without a license.

However, in its discussions about this issue, the Board recognized that the City Council’s intent is for this amenity to be available to be used more widely by businesses that would not necessarily apply for this type of license, i.e. bookstores, markets, etc. The Board also discussed the fact that the Cambridge Zoning Ordinance currently does not allow live acoustic music performances in most districts of the City without the property owner first obtaining a variance. I understand that a petition to amend the Zoning Ordinance (the “Zoning Petition”) is presently pending and was discussed at the Ordinance Committee on April 14, 2021 and that if enacted, the Zoning Petition would allow businesses with an existing primary non-residential use to have live or recorded entertainment as an additional primary use at their premises provided that the additional use does not exceed twenty-five percent (25%) of the gross floor area or provided that the entertainment is limited in duration to no more than twenty-five percent (25%) of the total hours of operation of the other principal non-residential use. If enacted, this change, together with the following relaxed process relating to the issuance of licenses for this use, would make processing applications for such licenses faster and more efficient.

Provided live acoustic music becomes an additional allowed principal use at a non-residential property by the above-referenced proposed zoning change, the Board would create an application for a license for live acoustical music with no amplification except for one microphone, which would be used by businesses not generally licensed under G.L. c. 138 or 140. That application would be reviewed simultaneously by staff from the License Commission, Fire and Inspectional Services, and upon approval by Fire and Inspectional Services, the license would be administratively issued by License Commission staff after payment of a nominal fee, ($25.00/3 months, $100.00/annually), without a hearing before the Board.

In addition, in terms of immediate relief, the Board voted to eliminate the requirement to advertise applications for annual entertainment licenses, including live entertainment, in a newspaper. This will eliminate the cost of advertising and delay caused by having these applications advertised but will still allow for the public process. Notification will now be made to abutters seven (7) days prior to the hearing, to allow abutters to attend or submit comments to the Board prior to the hearing, and an affidavit of notice to abutters will be required to be submitted with the annual application. Also, as of 2022, the annual license/renewal fee for acoustical music with no amplification except for one microphone for all license types will be reduced from $500.00 annually to $100.00 annually. The Board will continue to work with the City Solicitor to determine whether this change can be implemented in 2021.

Finally, the Board has suggested that the City Council consider adopting the Board’s recommendation to amend the Noise Ordinance to establish a more streamlined mechanism for ticketing violations of the Noise Ordinance due to the noise generated by acoustical performances by responding Police Officers or Inspectors/Investigators from the License Commission, Fire, or Inspectional Services Departments, rather than having those issues be presented to the Board for a hearing prior to the issuance of a ticket for a violation.

Given the Board’s concerns about the issuance of the Home Rule Petition, for the reasons outlined above, in addition to those set forth in the Board’s attached Memo, I do not support issuance of the Home Rule Petition at this time; but I believe implementation of the above changes will streamline the process for obtaining such licenses as requested by the Council.

Very truly yours,
Louis A. DePasquale
City Manager

10. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-13, regarding next steps on implementation of Universal Pre-K.
Placed on Table 9-0 (Sobrinho-Wheeler)

May 17, 2021
To the Honorable, the City Council:

In response to Awaiting Report Item Number 21-13, regarding next steps on implementation of Universal Pre-K, received from Assistant City Manager for Human Services Ellen Semonoff reports the following:

The Birth to 3rd Grade (B3) Partnership is an organized system of support with the vision to ensure that high quality, early learning experiences are affordable and accessible to all children and families creating a seamless experience beginning with prenatal care through the early elementary years. Through these experiences, children will maximize their full potential academically, socially, emotionally, and physically.

In the five years since its inception, the cornerstones of Birth to 3rd Third Grade Partnership’s work has included (1) funding scholarships for preschoolers from low-income families so that they may attend high quality preschool at one of over a dozen community-based early learning centers; (2) the quality improvement program that supports early learning centers and home-based child care providers in achieving higher levels of quality through coaching, mentoring, and funding for upgraded materials; (3) professional development for the early childhood workforce that includes access to college coursework, professional learning communities, communities of practice, and (4) workshops on a variety of content areas; and strengthening the connection between the early childhood community and health, mental health, and home visiting programs across the city.

The work to begin development of a Universal Pre-K (UPK) plan was intended to follow the December 2019 Roundtable with the City Council and School Committee where the City Manager and Superintendent of Schools and their teams presented the report of the Universal Pre-Kindergarten Study commissioned by the City and Schools. That report analyzed and evaluated two different models of UPK programs for four-year olds and recommended a preferred model and a framework of essential elements required to build a high quality UPK system. The preferred model, which was endorsed by the City Manager and Superintendent of Schools, was a mixed-delivery system in which UPK would be offered through a network of providers, including the Cambridge Public Schools, Human Services and community-based programs. This was the most common model nationally and is the model being proposed by the Biden Administration in its proposed plan.

The report identified the critical elements of high quality UPK programs including:

• Meets the needs of families in term of location, hours, and weeks of care

• Equity of access

• Diverse, competent and consistent staff

• Research-based curriculum

• Developmentally appropriate indoor and outdoor learning spaces

• Systems for establishing quality criteria and on-going evaluation

• Robust family engagement and services

Right now, programs that serve 4-year-olds include the CPS JK, Special Start, Scholars College and Montessori Programs, DHSP preschool programs, community-based programs, for-profit programs and family childcare. One of the biggest challenges today is that Cambridge does not have enough capacity in high quality programs to serve all 4-year-olds. Addressing this capacity issue requires addressing a number of issues including:

• Increasing the number of existing programs that meet the state quality rating standards

• Expanding the number of Cambridge children served by Cambridge-based providers that also serve children from outside Cambridge

• Exploring changes in JK-K school programs to create 4-year-old classrooms

• Increasing slots for 4-year-olds without displacing slots for 3-year-olds

• Developing a pipeline of qualified teachers and career pathways with a focus on a diverse workforce

• Increasing workforce compensation

• Implementing evidence-based curriculum

The City Manager committed at the December meeting that the City would begin the process to create a Universal Pre-Kindergarten Program for Cambridge’s 4-year-olds. He acknowledged then that there were multiple issues and decisions that would need to be addressed over the coming years and that the annual operating costs for such a program could ultimately exceed 20 million dollars, not including capital costs for any additional city or school classrooms.

The initial steps identified that evening to begin the process included:

• Convening community-based providers for feedback and input

• Convening Principals and JK/K teachers for feedback and input

• Gathering additional data from Cambridge programs to understand how many program slots are filled by Cambridge children and how many slots which are not dedicated to Cambridge children could become dedicated

• Gathering more data about the Cambridge pre-school workforce including credentials and compensation

• Gathering information and feedback from families about their needs and interests

Before the pandemic upended services and planning, there was a convening with the City Manager and the Superintendent of Schools and their teams with over 80 leaders and staff of community-based providers. In that session, there was lots of excitement and numerous concerns about how the creation of UPK, even as a mixed delivery system, would impact existing programs. For example, most programs serve 3 and 4-year-olds in mixed age classrooms and concerns were expressed about whether a new system would require serving 4-year-olds separately. We made the commitment then to continue to work with programs as we moved forward.

None of the additional steps that would have begun in 2020 or been continued in 2021 were able to move forward because of the impact of the pandemic. Teachers and Principals were focused appropriately on serving students virtually and then in person. Community-Based programs were struggling to figure out how and whether to re-open. Those programs that re-opened were serving smaller groups of children and so gathering data about slots, who was in them and how that might be able to be changed did not make sense during the pandemic.

While it is still a challenging moment for schools and preschool programs, we expect to be able to begin the planning work as we had hoped to do in 2020. The list of tasks to begin the work remains the same. And many critical efforts did move forward despite the pandemic that support the city’s effort to expand high quality preschool opportunities for 4-year-olds.

First, the City has continued to explore opportunities to expand capacity for pre-school programs serving 3 and 4-year-olds. As the City Council knows, Just-A-Start has been working on expanding its housing development at 402 Rindge Avenue together with additional space for employment and training and other community needs. The City has been working with Just A Start to support creation of 4 additional preschool classrooms that would serve some of the unmet need for preschools, especially in North Cambridge. Just A Start is also engaged in planning around another housing development on New Street and the City has been working with Just A Start to explore whether two additional preschool classrooms could be built as part of that development. These classrooms are in addition to the 4 new classrooms being designed as part of the Tobin/Vassal Lane project.

Second, the City committed to funding the expansion of Head Start’s four Cambridge classrooms to full-day, full-year programs to better meet the needs of low-income families. Head Start was not able to open in person over the last year but has continued to support children and families virtually. Head Start is working with the Birth to 3rd Partnership now to reopen sites for the fall. In addition, the City has been working with the Cambridge Housing Authority to renovate or replace the Head Start classrooms as part of the Jefferson Park housing development so that the spaces for Head Start will be exemplary early childhood classrooms.

Third, the City has through its own preschool programs shifted both the cost structure and the economic mix of the families represented in the programs. As a result of the preschool lottery, 50% of the children served through the City programs are now low income. The tuition each family pays is based on their income so that depending on family income, tuition is between 1% and 8% of family income.

Fourth, the Birth to 3rd Grade Partnership has also created a new School Readiness Manager position that is in the process of being filled. The School Readiness Manager will lead the effort to ensure a seamless transition from the wide variety of early childhood settings in the community to the public school system. A key role of this individual will be to support the Executive Director in the UPK planning work. The Executive Director will work closely with the Assistant Superintendent for Elementary Education, the School Department’s Chief Financial Officer and the Assistant City Manager for Human Services in moving forward the planning process. We look forward to reporting back to the City Council and to the School Committee on the progress of that work.

Although the planning work has not moved forward, it is important not to lose sight of how critically important the Birth to 3rd Grade Partnership has been this year in helping to prevent an even greater loss of programming for young children. Although the expansion of programming and the launching of the UPK planning process was impacted by the pandemic, the Birth to 3rd team was able to provide deep support to its program quality and scholarship sites without having any of those sites permanently close as happened with other early childhood providers within the city, state, and nationally. Community-based early childhood programs and home-based providers alike credit the guidance and support of The Birth to 3rd Grade Partnership for their ability to adjust to the changing state child care requirements, continue to serve children and families, and to survive and thrive during the very tumultuous public health and economic crisis this year has brought; a time in which equity and access across our society became glaringly more evident. This qualitative information demonstrates the positive impact the work of the Birth to 3rd Grade Partnership has on the early childhood workforce, children, families, and the broader community.

Very truly yours,
Louis A. DePasquale
City Manager

CHARTER RIGHT
1. 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. [CHARTER RIGHT EXERCISED BY COUNCILLOR ZONDERVAN IN COUNCIL MAY 10, 2021]
Order Adopted 8-0-0-1 (Zondervan - Present)

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.

2. The Ordinance Committee met on Feb 24, 2021 conduct a public hearing on the following ordinance amendments. [CHARTER RIGHT EXERCISED BY COUNCILLOR MCGOVERN IN COUNCIL MAY 10, 2021]
Report Accepted; Placed on File 9-0

A. 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.

B. [REFERRED TO ORDINANCE COMMITTEE] 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.

3. 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. [CHARTER RIGHT EXERCISED BY COUNCILLOR MCGOVERN IN COUNCIL MAY 10, 2021]
Order Adopted 9-0

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.

4. 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. [CHARTER RIGHT EXERCISED BY COUNCILLOR MCGOVERN IN COUNCIL MAY 10, 2021]
Order Adopted 7-2 (Carlone, Zondervan - NO)

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.

5. Resolution on the death of John E. "Jack" Flynn.   Councillor Toomey
Resolution Adopted 9-0

R-5     May 17, 2021
COUNCILLOR TOOMEY

WHEREAS: The City Council was deeply saddened to learn of the death of John E. "Jack" Flynn on May 7, 2021; and

WHEREAS: Jack was the dear son of the late John and Theresa Flynn, born and raised in Cambridge he later attended Malden Catholic High School and Merrimack College; and

WHEREAS: Jack served as the Town Clerk of Watertown, a position he proudly held for the past 26 years until his recent retirement, the former Deputy City Clerk and Principal Budget Analyst for the City of Cambridge, and was a devoted public servant to the Commonwealth for 41 years; and

WHEREAS: He enjoyed following and discussing local and national political races, was a loyal Red Sox fan, holding season tickets for many years and made annual Red Sox road trips excited to return with souvenirs for the young children in his life, and treasured his time spent in Marshfield with friends in the summer months; and

WHEREAS: Jack’s passing will leave a void in the lives of all his family and friends: he was the devoted nephew of the late Thomas J. Begley and his surviving wife Ruth Begley of Arlington; loving cousin of Mary Gerardin of Stoneham, Carolyn Blair and her husband Paul of Wilmington, Thomas Begley and his wife Jill of Breckenridge, CO, Luke Begley and his wife Rachelle of Cambridge and Joanna Anderson and her late husband Michael of Bedford; cherished lifelong friend of Kevin O’Connor and David Kale; and is also survived by many adoring cousins, especially Timmy and Sean Norton, as well as his many friends and colleagues who will miss him greatly; and

WHEREAS: Jack will be sorely missed by all he touched and loved; now therefore be it

RESOLVED: That the City Council go on record extending its deepest sympathy for the family of John E. "Jack" Flynn on behalf of the entire City Council at this time of such personal loss; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward as suitably engrossed copy of this resolution to the Flynn family on behalf of the entire City Council.

6. Death of Jenna Santos.   Mayor Siddiqui
Resolution Adopted 9-0

R-6     May 17, 2021
MAYOR SIDDIQUI

WHEREAS: The City Council was deeply saddened at learning of the death of Jenna Santos, a Cambridge Rindge and Latin School senior and former student at Putnam Avenue Upper Campus, Amigos School, and the Morse School this week; and

WHEREAS: Jenna was a friendly and cherished member of the CRLS community, and was a good person and friend to all those who knew her; and

WHEREAS: Jenna participated in the Falcon Friends/Best Buddies Program, which promotes the development of friendships between students with intellectual and developmental disabilities, and worked with staff in the school’s copy center as a student helper; now therefore be it

RESOLVED: That the City Council go on record extending its deepest sympathy to the family of Jenna Santos at this time of such personal loss; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Santos family on behalf of the entire City Council.

7. In Support of H.R.2590, “The Palestinian Children and Families Act”.   Mayor Siddiqui, Vice Mayor Mallon, Councillor McGovern
Charter Right - Nolan
Resolution Adopted 9-0 on May 25, 2021

R-7     May 17, 2021
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR MCGOVERN

WHEREAS: The Palestinian Children and Families Act (H.R. 2590), was recently introduced by Congresswoman Betty McCollum (D-MN); and

WHEREAS: H.R.2590 “promote[s] and protect[s] the human rights of Palestinians living under Israeli military occupation and to ensure that United States taxpayer funds are not used by the Government of Israel to support the military detention of Palestinian children, the unlawful seizure, appropriation, and destruction of Palestinian property and forcible transfer of civilians in the West Bank, or further annexation of Palestinian land in violation of international law;” and

WHEREAS: The bill is currently before the 117th Congress, and Congresswoman Ayanna Pressley is one of the 13 original sponsors for H.R.2590; and

WHEREAS: The bill is endorsed by over 70 organizations ranging from Palestinian rights groups such as Defense for Children International Palestine, the Adalah Justice Project, the US Campaign for Palestinian Rights, American Muslims for Palestine, and the American Friends Service Committee, to organizations like Working Families Party, the Movement for Black Lives, and United We Dream; and

WHEREAS: This bill is an important step in ensuring human rights are respected, especially the rights of children; and

WHEREAS: The City of Cambridge has a long history of standing in solidarity and speaking in support of promoting and protecting human rights around the country and world; now therefore be it

RESOLVED: That the Cambridge City Council go on record in strong support of H.R. 2590 and in urging the entire Congressional Delegation to support this bill; and be it further

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

2. A communication was received from Mayor Sumbul Siddiqui, transmitting Questions for COVID-19 Update.
Placed on File 9-0

COVID-19 UPDATE QUESTIONS

COUNCILLOR SOBRINHO-WHEELER
1. What percent of COVID tests in Cambridge are being genetically sequenced? How are we keeping track of new virus variants reaching Cambridge?

2. It has been great to see some of the local Cambridge vaccination clinics. Can you talk more about how the City is partnering with community groups to reach Cambridge residents for whom English may not be their first language or who may feel more comfortable getting vaccinated in a specific community setting?

MAYOR SIDDIQUI
1. There has been a community question around the need for children to continue to be masked at local playgrounds. Can you share the current policy and rationale publicly?

2. As of May 10th, the City of Cambridge announced remaining in Phase IV, Step 1 of the Commonwealth’s Reopening Plan. We have received some questions around a timeline for when Cambridge may move to Phase IV Step 2 and the other anticipated re-openings based on the Baker administrations timeline, for example the State's May 29th increased gathering limits and permission for street festivals and parades or relaxing of guidance for bars, beer gardens, breweries, wineries and distilleries?

TEXT OF ORDERS
O-1     May 17, 2021
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR SIMMONS
COUNCILLOR SOBRINHO-WHEELER
WHEREAS: June is Pride Month, a month in which we celebrate the LGBTQ+ community’s diversity and raise awareness about issues the LGBTQ+ community faces; and
WHEREAS: Every June, the LGBTQ+ community comes together to celebrate the freedom to be their authentic selves; and
WHEREAS: Pride Month is also a time to celebrate the long history of LGBTQ+ activists who have fought to dismantle prejudice and advocate for equal rights; and
WHEREAS: During a time where cities around the country are passing anti-trans and anti-LGB legislation, the City of Cambridge is proud to be an ally to the LGBTQ+ community and supports LGBTQ staff, residents and families in Cambridge and beyond; now therefore be it
RESOLVED: That the City Council go on record recognizing June 2021 as Pride Month in the City of Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the appropriate City staff to
(1) refresh the rainbow benches outside of City Hall by June 1, 2021, (2) re-paint the crosswalks in colors that represent the Trans Flag, the Pride Flag, the Bi Flag and the People of Color Pride Flag by June 1, 2021, and (3) light City Hall up in rainbow colors in recognition of Pride Month from June 1, 2021-June 12, 2021.

O-2     May 17, 2021  Amended
COUNCILLOR NOLAN
VICE MAYOR MALLON
WHEREAS: Fresh Pond Parkway to Route 2 was ranked as the second most congested corridor in Massachusetts in the 2019 MassDOT report to the Governor; and
WHEREAS: The Alewife area has a number of large development projects in the pipeline over the next four years; and
WHEREAS: These development projects include the Tobin School reconstruction (to start in June, 2021; expected completion August, 2025), Jefferson Park Federal reconstruction (expected to go before Planning Board in 2021; expected completion in 2025), Just-A-Start’s new housing project at 52 New Street (expected start 2022; expected completion 2025), new residential projects at 55 Wheeler Street, 95 Fawcett Street and 50 CambridgePark Drive (all currently under construction), Acorn/AbodeZ Phase II development at 605 Concord Avenue (Planning Board approved third extension in 2020), IQHQ’s project (expected to go before Planning Board in 2021), new lab spaces at 75-109 Smith Place (approved in November, 2020) and 87-101 CambridgePark Drive (approved in May, 2020), and others that are expected but yet to be proposed; and
WHEREAS: These projects will all add congestion to the pinch points around Alewife as large vehicles and equipment are needed at each stage of development; and
WHEREAS: The City should proactively be managing the expected increase in congestion, specifically on Concord Ave, Fresh Pond Parkway, Rindge Ave, and the Route 2/Route 16 intersection, and managing the danger that larger equipment frequenting those roads presents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Traffic, Parking, and Transportation Department, the Department of Conservation and Recreation, Massachusetts State Police, and MassDOT to develop a holistic plan for managing the traffic and congestion in the Alewife area and report back to the City Council.

O-3     May 17, 2021  Amended
VICE MAYOR MALLON
MAYOR SIDDIQUI
COUNCILLOR CARLONE
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
COUNCILLOR ZONDERVAN
WHEREAS: The Cambridge Business Coalition, which is comprised of Cambridge Local First, the Central Square Business Improvement District, the Cambridge Chamber of Commerce, the East Cambridge Business Association, the Harvard Square Business Association, and the Kendall Square Business Association, recently started a petition to keep expanded outdoor dining spaces; and
WHEREAS: In one week, the petition has gathered over 900 signatures, demonstrating strong support from our local community; and
WHEREAS: While City initiatives to reimagine our streets and allow expanded outdoor dining in public spaces throughout the entire calendar year were originally intended to help keep struggling small businesses afloat during the pandemic, they have proven to be a powerful tool in economic recovery by reactivating public spaces; and
WHEREAS: Allowing restaurants to use parking spots or sections of the street for outdoor dining not only gives residents the opportunity to safely support our local restaurants, but also generates additional foot traffic for surrounding small businesses; and
WHEREAS: Ensuring that expanded outdoor dining and creative programs for transforming public spaces remain even after the end of the pandemic aligns with the spirit of previous efforts to close streets to vehicular traffic, and the City Council goals of “[increasing] opportunities for all residents to enjoy the City’s open spaces” and “[ensuring] that Cambridge remains an Innovation Hub that integrates businesses of all sizes into a thriving ecosystem”; now therefore be it
RESOLVED: That the City Council go on record in support of this petition, affirming its support for outdoor dining now and in the future, and renewing its commitment towards reimagining public spaces to activate the public realm; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department, the Traffic, Parking and Transportation Department, the City Manager's Small Business Advisory Committee, the Cambridge Business Coalition, and other relevant City Departments to outline a plan for future outdoor dining and necessary City supports to ensure its success, and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this Order to the Cambridge Business Coalition on behalf of the entire City Council.

O-4     May 17, 2021  Amended
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR CARLONE
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
COUNCILLOR ZONDERVAN
WHEREAS: Digital Equity has been a priority of the Council for much of two decades; and
WHEREAS: The City engaged CTC Technology and Energy to conduct a detailed study of Digital Equity in Cambridge; and
WHEREAS: CTC Technology provided a set of recommendations that can be summarized as an “all of City” approach to Digital Equity; and
WHEREAS: These recommendations include the creation of a “Digital Equity and Inclusion Coalition,” establishing a digital equity special position, engage with local philanthropic organizations to broaden the reach of City efforts, establishment of a “digital skills corps,” and expansion of public wi-fi and charging stations to help serve the unhoused; and
WHEREAS: The City has embarked on a “21st Century Broadband” effort that must eventually serve all residents and businesses in Cambridge; and
WHEREAS: That effort is largely silent about the recommendations of the CTC study; and
WHEREAS: With this Policy Order, the Council endorses the spirit and intent of those recommendations and renews its statement that Digital Equity is a priority of the Council which does not diminish and should not conflict with support for municipal broadband, which is a potentially powerful and effective tool for the city to meet its goals, including but not limited to addressing digital equity; and
WHEREAS: Whereas the City’s FY22 Budget Book includes these recommendations but provides neither funding nor a schedule for their implementation; now therefore be it
ORDERED: The City Manager be and hereby is requested to consult with relevant Department heads and the non-profit community and report back to the Council with an implementation plan, schedule, and request for appropriation no later than Sept 1, 2021.

O-5     May 17, 2021  Amended
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR CARLONE
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
COUNCILLOR ZONDERVAN
WHEREAS: City Council has made Digital Equity a priority for most of two decades; and
WHEREAS: The City has determined Digital Equity to be a priority for its “21st Century Broadband” plan; and
WHEREAS: Cambridge residents who cannot afford broadband are prevented from fully participating in Cambridge’s economic vitality as well as many common activities of daily living; and
WHEREAS: Cambridge has allocated its own funds to support broadband access and hardware necessary to access broadband; and
WHEREAS: Cambridge has just completed a Digital Equity Study documenting the inequities of broadband access in Cambridge; and
WHEREAS: This Digital Equity Study demonstrates that one barrier to access is awareness of the programs to assist low income households; and
WHEREAS: The Federal government, as part of its Covid-19 relief efforts, has established an Emergency Broadband Benefit program administered by the FCC, that provides discounts on service and hardware to eligible households; and
WHEREAS: The FCC and other government agencies have prepared multi-lingual toolkits for local authorities to publicize these benefits to their residents; and
WHEREAS: This benefit is “first come, first serve” and is available only until Federal funds are depleted; and
WHEREAS: This funding makes time of the essence; now therefore be it
ORDERED: That the City Manager be and hereby is ordered to consult with relevant Department heads on plans to publicize the Emergency Broadband Benefit and assist residents in their applications; and be it further
ORDERED: That the City Manager be and hereby is ordered to report back to the City Council on such plans no later than May 24th; and be it further
ORDERED: That the City Manager be and hereby is ordered to consult with relevant Department heads on other broadband benefits programs offered by the Federal government, and report back to the City Council on the City’s plans to leverage these funds in pursuit of Digital Equity.

O-6     May 17, 2021  Charter Right - Nolan
COUNCILLOR ZONDERVAN
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR CARLONE
WHEREAS: Cambridge has a history of terminating purchasing contracts with companies that facilitate discrimination and apartheid, including the boycott of Polaroid during South African Apartheid in the early 1990’s; and
WHEREAS: Cambridge’s policy on discrimination states: “Any practice that by design or effect discriminates against individuals, because of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, gender, marital status, family status, military status or source of income is of public concern, as such discrimination creates strife, hostility and unrest, threatens or impairs the rights and privileges of individuals and deprives individuals of the benefits of a free and open society;” and
WHEREAS: Cambridge has done business with Hewlett Packard (HP), the exclusive provider of computers to Israel that are used to biometrically track Palestinians, deny them access to water and healthcare in the Gaza strip, and imprison them without access to fair trial; and
WHEREAS: Cambridge cannot be silent as Palestinians are torn from their homes, tear gassed in their holy mosques during Ramadan, and killed by airstrikes at the hands of the Israeli government; and
WHEREAS: HP also provides the technology that runs databases for US Immigration and Customs Enforcement (ICE), allowing them to streamline the tracking, surveillance, detention, and deportation of immigrants across the United States; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Purchasing Department to review Cambridge’s corporate contracts and identify any companies that are in violation of Cambridge’s policy on discrimination, including (but not limited to) Hewlett Packard Enterprise and Hewlett Packard Incorporated over their role in abetting apartheid in the Middle East, and to suggest alternatives for Cambridge to explore in order to ensure the city embody the values it put on paper; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Council on this matter as soon as possible.

O-7     May 17, 2021
COUNCILLOR TOOMEY
MAYOR SIDDIQUI
WHEREAS: The Gold Star Mothers Pool on Berkshire Street is a respected community recreation destination; and
WHEREAS: Residents, particularly our youth community, rely on public facilities for outdoor recreation, merit the social, physical, and mental health benefits of having the pool open and accessible; and
WHEREAS: Community members have inquired and previously petitioned regarding the pools operating status and enjoyed a brief opening for a few weeks at the end of Summer 2020; and
WHEREAS: DHSP and the Cambridge Public Health Department worked closely together and have already developed COVID-19 safety protocols, while more epidemiologists, health experts, and studies show that outdoor transmission is very minimal; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City staff on the status of the Gold Star Mothers Pool opening plans for the June through September summer season of 2021; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue by the May 24, 2021 Council meeting.

O-8     May 17, 2021
COUNCILLOR TOOMEY
MAYOR SIDDIQUI
WHEREAS: Roberts Road is a heavily trafficked one-way street frequented by heavy trucks; and
WHEREAS: Neighborhood residents are often disturbed by the loud noise, speed, and vibrations that penetrate their homes; and
WHEREAS: Previous discussions were unclear whether the City needs State approval to implement any changes on Roberts Road, as the State said it is a City-owned road; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking, and Transportation Department and other appropriate City staff on implementing a heavy truck traffic ban on Roberts Road from Kirkland Street to Cambridge Street; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue by the May 24, 2021 Council meeting.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee met to conduct a public hearing on the Retail Uses Zoning Recommendations - Refiled (Ordinance #2021-3) and the Home Occupations Zoning Recommendations - Refiled (Ordinance #2021-4).

Date: Wed, Apr 14, 2021, 5:30pm, Sullivan Chamber
Present: Carlone, Mallon, McGovern, Nolan, Siddiqui, Simmons, Sobrinho-Wheeler, Toomey, Zondervan

Councillor McGovern called the meeting to order and opened the floor to City staff.

Pardis Saffari, Senior Economic Development Manager, stated that between 2018 and 2020 the staff conducted outreach meetings to business associations and surveyed individual businesses to learn more about how businesses engage with the zoning ordinance and their own permitting process. Staff reviewed eight years of small business BZA cases to look at common issues and trends. In 2020 and early 2021, staff met with the Economic Development University Relations Committee on the retail and land use recommendations. The planning board held two hearings and recommended adoption. Between 2013 and 2019, over 75 businesses appeared before the BZA requiring some type of zoning relief. The most common requests during that time were parking waivers, fast order food permits, variances for non-defined uses, or mix of uses and current use is not clearly defined. Staff hopes that these proposed changes will make it easier for businesses to open by clarifying definitions, broadening allowed uses, and reducing those barriers.

Jeffrey Roberts, Director of Zoning and Development, stated that an overall goal is to have a clearer zoning ordinance altogether. The key point is that every use has to be defined and has to fit someplace within the zoning ordinance, or else it's not allowed. The redefined retail definition is providing services directly to consumers on site, but on-site service can be supplemented by telephone, online and delivery transactions. In the current zoning ordinance, for a lot of uses, a person has to follow a chain of footnotes to find the definition of a use. The proposal eliminates that by providing a definition for all uses. Mr. Roberts reviewed several of the definitions that have been modified.

He explained that a special permit is for uses that are allowed, but require review, to see if it adheres to specific criteria that are in the zoning. Variances are really meant to be exceptions to the rule.

The proposal creates a scheme that has more permissive retail uses in areas designated as commercial cores and then becoming more restrictive as you move away from those areas. The overall strategy is to generally allow retail in retail districts. This proposal allows most retail within the ground story of higher intensity office districts, in some cases, special permits may be required in the lower intensity office districts. And then in residential districts, retail uses could be allowed by special permit, but only if it is an existing nonresidential space.

The staff has added a definition of temporary outdoor retail for things like seasonal markets, or one-off entertainment or other outdoor use. Mr. Roberts further described the parking requirements which he characterized as fairly low. The proposal also adds specific criteria to special permit consideration.

Jeffrey Roberts explained that various changes and comments from the Planning Board have been incorporated into this proposal.

In response to a question from Councillor Carlone about which requests would go to the Board of Zoning Appeals or the Planning Board, Jeffrey Roberts explained if a proposal needs special permits, like a project review, special permit or a few of these special permit, then the planning board can grant all of the special permits that are requested even if some of those are Board of Zoning Appeal special permits a prescribed in section 10.45 of the zoning. The difference is when a variance is needed for something that is not allowed by special permit, that request can only be granted by the Board of Zoning Appeals.

Nancy Glowa, City Solicitor, added that under the ordinance the Board of Zoning Appeals is the default special permit granting authority.

In response to questions from Councillor Nolan, Jeffrey Roberts explained that the proposal deals with additional or hybrid retail uses. If an additional use is not allowed in the district, there is an allowance for if up to 25% of the floor area, or 25% of the total hours of operation.

Solicitor Glowa added that in addition to the conditions attached to the special permit there may be conditions under the license for the establishment, that are separate from zoning.

In response to a question from Vice Mayor Mallon about using zoning to remove barriers and hurdles for small businesses and restaurants will have been devastated by the Covid-19 pandemic, Jeffrey Roberts, stated that if the council wanted to make further changes that go a step beyond this petition, it would be a good idea to still adopt this petition and then explore those changes. This petition creates a cleaner baseline to work from, in terms of looking at other changes.

Vice Mayor Mallon stated that she was in full support of moving forward.

Vice Mayor Mallon that under the proposal commercial kitchens would need a permit through inspectional services.

In response to a question from Councillor Sobrinho-Wheeler about the impact of this change on banks, Jeffrey Roberts, explained that banks are different categories and are not included in what has been discussed. Banks are a separate use that the council could examine further. Banks are still an allowed use, but there are limitations in terms of how much frontage they can take up in a building.

Iram Farooq, Assistant City Manager for Community Development, added that nobody wants to see a bank in the commercial district occupying a large storefront but, but they do serve an important purpose that supports residents and businesses. The approach has been to limit their space on the ground floor.

In response to a question from Councillor Sobrinho-Wheeler about why the council must approve curb cuts, Solicitor Glowa explained that comes from state law the and it may also be in our or our municipal code, that the council has authority over the public way. That authority can be delegated by the Council.

In response to a question from Councillor McGovern about community outreach, Pardis Saffari stated that staff has done lot of personal outreach to many of the businesses over the past year or so. The city has received a lot of positive feedback.

Councillor McGovern opened the floor to public comment.

Alexandra Trunnell, 15 Plymouth street in Cambridge, stated she has a particular interested in residential kitchen permits. She looked around a few months ago at the possibility of selling her baked goods at a local farmers market. She found out that Cambridge does not currently have a residential kitchen permitting program. Having a residential kitchen permit would enable her to produce baked goods in her own home. She is strongly in favor of the current zoning recommendations.

Nicola Williams, 8 Brewer Street, stated she has been advocating on behalf of food-based businesses in my work with the sustainable business network. The proposed table of uses will be small business friendly, especially the small mom and pop and independently owned businesses and home-based businesses. She noted that there is state level legislation about cottage food that it will give more clarity to municipalities. This will open the doors for a lot of women owned businesses, minority owned businesses, and ethnic types of foods.

Jason Alves, 544 Cambridge Street, the executive director of the East Cambridge Business Association, offered support for moving the proposal forward. This will make store font vacancies a little bit more competitive, a little bit easier to fill. Oftentimes, folks that are looking for space will call, and they are comparing a vacancy here with a vacancy in another city or town. Just hearing that they need to go to the Board of Zoning Appeals or to the planning board impacts their decision.

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

Councillor Nolan stated she agreed with much of what has been laid out and she was excited to move this forward. She stated that she was in favor of further consolidation and simplification. I do have In response to a question from Councillor Nolan about the length of time required to receive a permit, Assistant City Manager Farooq stated the objective of this proposal is to try to reduce the number of times that people have to apply for a variance or a special permit. By reducing those occasions, the city is actually reducing that entire step. Staff has also been reviewing the process comprehensively to find greater efficiencies.

Pardis Saffari added that the proposal reduces the time and cost from business by providing more opportunities for businesses not to go through variance or special permit process.

In response to a question from Vice Mayor Mallon about size limits for food stands and kiosks, Pardis Saffari stated that food stands may need something like 300 square feet. Whereas someone who has a food stall is actually quite big. Staff felt comfortable with the language in the proposal.

Vice Mayor Mallon stated that she supports the proposal. She believed that adopting this language will support small businesses.

In response to a question from Councillor Toomey cottage kitchens, Solicitor Glowa explained that a tenant would need permission from the property owner to operate this type of use.

In response to questions from Councillor Nolan and Councillor McGovern, Assistant City Manager Farooq stated that the city has a small business advisory committee that has been incredibly supportive of these provisions as they have advanced. That group includes all of the business associations, Cambridge Local First, several small businesses, and individuals. That group in some ways is the conduit to the business community, in addition to any other direct outreach that we certainly would do through Community Development.

Councillor Nolan moved to forward the petition to the full city council with a favorable recommendation.
Yea: Carlone, Mallon, McGovern, Nolan, Sobrinho-Wheeler, Toomey, Zondervan
Absent: Siddiqui, Simmons

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

Meeting adjourned at 7:07pm.

Retail Table of Land Use Update PO.
RESULT: REFERRED TO THE FULL CITY COUNCIL WITH A FAVORABLE RECOMMENDATION.

Retail Uses Zoning Recommendations - Refiled (Ordinance #2021-3)

Home Occupations Zoning Recommendations - Refiled (Ordinance #2021-4)

A communication was received from Iram Farooq, Assistant City Manager / Community Development, transmitting a presentation for the Ordinance Committee.

A communication was received from Councillor Simmons regarding the Ordinance Committee meeting on Apr 14, 2022.

Proposed Order     May 17, 2021
VICE MAYOR MALLON
MAYOR SIDDIQUI
WHEREAS: The City published a Commercial Land Use Classification Study in 2015, and the City Council adopted a 2018 policy order asking the City to develop a timetable to update the Table of Land Use to reflect recommendations from the 2015 study; and
WHEREAS: By clarifying the definitions of certain uses, expanding or creating new uses to reflect the changing face of retail, and removing onerous requirements, updating the table of land use is a critical way the City can reduce the burden of starting or expanding a small business in Cambridge; and
WHEREAS: At the July 30th, 2020 Economic Development and University Relations Committee hearing, the Community Development Department (CDD) unveiled the proposed Retail Uses Zoning Ordinance and heard feedback from committee members; and
WHEREAS: CDD incorporated that feedback by making adjustments to the Retail Uses Zoning Ordinance petition, and presenting a related Home Occupations Zoning Ordinance petition at a follow-up Economic Development and University Relations Committee hearing on Sept 30th, 2020; and
WHEREAS: The Ordinance Committee was slated to discuss the Retail Uses Zoning Ordinance petition and the Home Occupations Zoning Ordinance petition on Dec 17th, 2020, but the meeting was cancelled due to adverse weather conditions, causing the petitions to expire before they could be ordained; and
WHEREAS: Updating the Retail Table of Land Use has been a long, labor-intensive process, and as the struggles of the small business community have only been exacerbated by the COVID-19 pandemic, it is crucial that the City Council move forward with the refiling of these petitions in an efficient and intentional way; now therefore be it
ORDERED: That the attached proposed zoning amendments to the Cambridge Zoning Ordinance to update the Retail Table of Land Use be referred to the Planning Board and Ordinance Committee for hearing and report.