CITY MANAGER’S AGENDA
1. A communication transmitted from Yi-An Huang, City Manager, relative to the proposed structure for the Cambridge Community Electricity program (CCE) for the period 2024-2025. (CM23#156) [presentation]
pulled by Nolan; comments by PN, QZ, BA, DS; Placed on File 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

Please find attached a presentation with guidance on the proposed structure for the Cambridge Community Electricity program (CCE) for the period 2024-2025. We are bringing this information to the City Council as some councillors have expressed the desire to provide program feedback ahead of the City making a procurement decision.

We are currently requesting bids from multiple electricity suppliers. The contract terms must include both the cost of electricity per kilowatt hour and the default amount of green electricity offered to participants in the aggregation through the purchase of Renewable Energy Certificates.

The current supply contract and program structure terminates in early January 2024. However, given volatility in the energy markets, we have been advised by the City’s energy broker for the CCE that now is the right time to go out to bid in order to secure good pricing for the 2024-2025 aggregation cycle. We have very recently obtained confidential “indicative” pricing from multiple bidders. While we cannot share the indicative pricing, as it would impact the bidding process, the information in the attached presentation generally reflects current market trends. We will request final bids to be provided during the week of June 19 and we are required to sign a contract on the day we receive bids (or reject all bids).

Very truly yours,
Yi-An Huang
City Manager

2. Transmitting Communication from Yi-An Huang, City Manager, relative to a request for authorization of a spending limit of $150,000 for Fiscal Year 2024, for the Renewable Energy and Greenhouse Gas (GHG) Reduction revolving fund (Revolving Fund), pursuant to Chapter 3.24 of the Municipal Ordinance titled “Departmental Revolving Funds”. (CM23#157)
pulled by Zondervan; comments by QZ; Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am writing to request authorization of a spending limit of $150,000 for Fiscal Year 2024, for the Renewable Energy and Greenhouse Gas (GHG) Reduction revolving fund (Revolving Fund), pursuant to Chapter 3.24 of the Municipal Ordinance titled “Departmental Revolving Funds”. In November 2019, the Council adopted the Departmental Revolving Funds Ordinance, and also established the Revolving Fund. Pursuant to M.G.L. c. 44, § 53E½, the City Council must take action on or before July 1st of each year to authorize a spending limit for each such year.

Very truly yours,
Yi-An Huang
City Manager

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Agenda Item Number 2     June 12, 2023

ORDERED: That the City Council authorize the spending limit of $150,000 for Fiscal Year 2024, for the Renewable Energy and Greenhouse Gas (GHG) Reduction revolving fund (Revolving Fund), pursuant to Chapter 3.24 of the Municipal Ordinance titled “Departmental Revolving Funds.”

6. A communication transmitted from Yi-An Huang, City Manager, relative to the recommendation of the following appointments and reappointments of members to the Avon Hill, Half-Crown-Marsh, and Mid Cambridge Neighborhood Conservation District (NCD) Commissions. These appointments are for three years and are effective June 12, 2023 unless otherwise noted; Levin Campbell, Ruby Booz, Aaron Kemp, Donna Marcantonio, James Van Sickle, Kathryn Moll, Nan Laird, Catherine Tice and Charles Redmon (CM23#161)
Appointments Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am writing to recommend the following appointments and reappointments of members to the Avon Hill, Half-Crown-Marsh, and Mid Cambridge Neighborhood Conservation District (NCD) Commissions. These appointments are for three years and are effective June 12, 2023 unless otherwise noted.

Avon Hill Neighborhood Conservation District Commission
· Levin Campbell (member, reappointment, effective July 5, 2023)

Half Crown-Marsh Neighborhood Conservation District Commission
· Ruby Booz (member, appointment)
· Aaron Kemp (alternate, appointment)
· Donna Marcantonio (alternate, appointment)
· James Van Sickle (alternate, reappointment, effective June 22, 2023)

Mid Cambridge Neighborhood Conservation District Commission
· Kathryn Moll (member, appointment)
· Nan Laird (member, appointment)
· Catherine Tice (member, appointment)
· Charles Redmon (alternate, reappointment, effective July 5, 2023)

Posting Information
The City Manager’s office posted a request for applications for the three Neighborhood Conservation District Commissions on the City website and via a news release on January 9, 2023, with a closing date of February 6, 2023. During that time, the Historical Commission posted notices on its Instagram account, individual NCD commissioners canvassed their personal networks, and staff screened voter lists for persons with required professional qualifications. The call for applicants was also posted in several of the City’s daily email updates and in postings on the City website.

Membership Requirements
Membership requirements for neighborhood conservation district commissions are described in Art. 2.78.160 of the City Code:

A. Upon designation as provided in Section 2.78.180 of this article of any neighborhood conservation district, and unless the designation provides that the Historical Commission itself shall exercise authority with respect thereto, the City Manager shall appoint a neighborhood conservation district commission to consist of five members and three alternates. The members shall include three residents of the neighborhood, not less than two of whom shall be homeowners; one neighborhood property owner (who may or may not be a neighborhood homeowner); and one member or alternate of the Cambridge Historical Commission. One member and/or one alternate of a neighborhood conservation district commission, in addition to the mandated member of the Cambridge Historical Commission, may be a Cambridge resident who lives outside the district. The remaining alternates shall be neighborhood property owners.

B. Any member or alternate of the Historical Commission may be appointed to a neighborhood conservation district commission for a term coterminous with such person’s term as a member or alternate of the Historical Commission. Members and alternates of a neighborhood conservation district commission who are not members of the Historical Commission shall by reason of experience or education have demonstrable knowledge and concern for improvement, conservation and enhancement of the district, and at least two of the members or alternates shall have professional qualifications related to real estate or architecture or historic preservation. The members of the neighborhood conservation district commission shall be appointed by the City Manager with regard to the diverse viewpoints expressed in the creation of the district. Such members shall serve for a term of three years, except that the initial appointments shall be for one member to serve one year and one member to serve two years, and vacancies shall be filled for the unexpired term of office. Each member and alternate shall continue in office after expiration of his or her term until a successor is duly appointed and qualified, except that no member shall serve more than two consecutive terms.

Avon Hill Neighborhood Conservation District Commission
The Order establishing the Avon Hill NCD Commission describes these additional membership requirements:

A. Pursuant to Paragraph A, Section 2.78.160 of Article III of the Chapter, the Avon Hill Neighborhood Conservation District Commission shall consist of five members and three alternates appointed by the City Manager and shall have qualifications as defined in paragraph A., with the additional recommendation that one member or alternate of the Commission shall have expertise in architecture or architectural history and one member or alternate of the Commission shall have expertise in landscape architecture.

The Avon Hill NCD Commission has one vacancy. Two candidates submitted letters of interest and were interviewed by CHC staff and Constantin von Wentzel and Mark Golberg, the chair and vice chair of the commission. Unfortunately, neither candidate meets the resident or property ownership requirement to serve on the Commission. This vacancy has not been filled. One member has an expiring term and is recommended for reappointment.

I am pleased to recommend this individual whose whose expertise and experience will enable him to continue as a valuable member of the Avon Hill NCD Commission.

Levin Campbell, member (reappointment)
Mr. Campbell is currently serving a term as an alternate. He is a neighborhood resident and property owner. He is a middle school history teacher and camp leader who grew up in the neighborhood and still resides there.

Half Crown-Marsh Neighborhood Conservation District Commission
The Order establishing the Half Crown-Marsh NCD Commission describes these additional membership requirements:

A. Pursuant to Section 2.78.160.B, the Half Crown-Marsh Neighborhood Conservation District Commission … shall consist of five members and three alternates. The members shall include three residents of the neighborhood, not less than two of whom shall be homeowners; one neighborhood property owner (who may or may not be a neighborhood homeowner); and one member or alternate of the Cambridge Historical Commission. The three alternates shall all be neighborhood property owners. At least two of the members or alternates shall have professional qualifications in real estate, architecture, or historic preservation; and at least one other member or alternate shall have professional qualifications in landscape architecture, urban planning, law, or geotechnical engineering. The members of the Commission shall be appointed with regard to the diverse viewpoints expressed in the creation of the District, with representation so far as is practicable from both predecessor Half Crown and Marsh sections of the District.

The Half Crown-Marsh NCD Commission has three vacancies and one expiring term. Five qualified candidates submitted letters of interest in response to our call for nominations. We conducted interviews that included CHC staff along with James Van Sickle and Marie-Pierre Dillenseger, the chair and vice chair of the commission. Three candidates are recommended for new appointments. The member with the expiring term is recommended for reappointment.

I am pleased to recommend these four individuals whose expertise and experience will enable them to be valuable members of the Half Crown-Marsh NCD Commission.

James Van Sickle, alternate (reappointment)
Mr. Van Sickle is currently serving a term as a member, and he is the chair of the commission. He is a neighborhood resident and property owner. He is an architect and principal of his own firm.

Ruby Booz, member (appointment)
Ms. Booz is a practicing architect who rents property outside of the district and is a Cambridge resident. She has designed interiors, exteriors, and landscapes for residential properties, primarily in Cambridge. She is a Project Designer at Smart Architecture in Cambridge.

Aaron Kemp, alternate (appointment)
Mr. Kemp is a neighborhood resident and property owner. He designed and built his house on Mt. Auburn Street, presenting his plans before the Half Crown-Marsh Neighborhood Conservation District over five times and he received a Cambridge Preservation Award for the project. He completed course work in architecture and architectural history. He is an Associate Director in Development Systems at Alnylam Pharmaceuticals in Cambridge.

Donna Marcantonio, alternate (appointment)
Ms. Marcantonio is a neighborhood resident and property owner. She is a trained visual artist and designer with several degrees in fine arts. Ms. Marcantonio oversaw the redevelopment of her property in Cambridge following a fire, supervising construction and budgeting with contractors. She works as a real estate broker with the Petrowsky Jones Group of Cambridge.

The next potential vacancies on the Half Crown-March NCD Commission will arise in 2025.

Mid Cambridge Neighborhood Conservation District
The Order establishing the Mid Cambridge NCD Commission describes these additional membership requirements:

A. Pursuant to Paragraph (A) of Section 2.78.160 (membership requirements), the Mid Cambridge Neighborhood Conservation District shall consist of five members and three alternates appointed by the City Manager and have qualifications as defined in Paragraph (B), with the additional requirements that one neighborhood resident member of the Commission shall be a tenant, the neighborhood property owner member shall be a resident of the district, and all alternate members shall be resident property owners of the District. No member of any other appointed board or commission, with the exception of at least one member of the Cambridge Historical Commission, shall serve on the Commission.

The Mid Cambridge NCD Commission has one expiring member term and three vacancies. Three candidates submitted letters of interest in response to our call for nominations. CHC staff and the chair and vice chair of the commission interviewed these candidates and all three are recommended for new appointments. The member with the expiring term is also recommended for reappointment.

I am pleased to recommend these four individuals whose expertise and experience will enable them to be valuable members of the Mid Cambridge NCD Commission.

Charles Redmon, alternate (reappointment)
Mr. Redmon is currently serving a term as a member. He is a neighborhood resident and property owner. He is a retired architect and former principal at Cambridge Seven Associates. He specialized in community development and urban design issues.

Kathryn Moll, member (appointment)
Ms. Moll has been living in the Mid Cambridge NCD for several years and is a tenant residing at 159 Hancock Street. She would fulfill the requirement for a tenant member on the commission as well as for architectural expertise.

Nan Laird, member (appointment)
Ms. Laird is the Harvey V. Fineberg Professor of Public Health, Emerita, in Biostatistics at Harvard. She is a homeowner residing on Hancock Street and has lived in Cambridge for over 40 years. She is very interested in serving her community.

Catherine Tice, member (appointment)
Ms. Tice is a writer and editor. She is a homeowner residing on Fainwood Circle in the district for the past three years. Ms. Tice has experience with the renovation/rehabilitation of a historic building, so she is familiar with the process.

The next potential vacancies on the Mid Cambridge NCD Commission will arise in 2025.

I appreciate the willingness of these nine community members to serve on the Neighborhood Conservation District Commissions and, with your approval, look forward to their appointments.

Very truly yours,
Yi-An Huang
City Manager

7. A communication transmitted from Yi-An Huang, City Manager, relative to the appointments and reappointments of the following person as members of the Commission on Immigrant Rights and Citizenship (CIRC) Commission for a term of three years effective June 12, 2023; Maximus Daniel De Medici, Debra Klein, Vanessa Sarmiento, Tsamchoe Dolma and Ana D. Mejia (CM23#162)
Appointments Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am writing to recommend the following appointments and reappointments of members to the Commission on Immigrant Rights and Citizenship (CIRC) Commission for a term of three years, effective June 12, 2023:

• Maximus Daniel De Medici (appointment)
• Debra Klein (appointment)
• Vanessa Sarmiento (appointment)
• Tsamchoe Dolma (reappointment)
• Ana D. Mejia (reappointment)

The CIRC Commission was established under Chapter 2.123 of the Cambridge Municipal Code. Commissioners are expected to be knowledgeable about immigrant rights and citizenship and must be residents of Cambridge. It is desirable for this Commission to be fully representative of the diverse Cambridge community. Cambridge welcomes immigrants and wants to encourage their success and access to opportunity and advancement in this country. It is a goal of this Commission to get the message of welcome out, through collaboration with organizations that already provide services and outreach to our immigrant communities. The Commission acts as a centralizing organization in Cambridge, to address immigrant rights and citizenship issues through providing information, referral, guidance, coordination, and technical assistance to other public agencies and private persons, organizations, and institutions engaged in activities and programs intended to support immigrant rights and citizenship.

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

The CIRC Commission also recommends the reappointment of two current members who have served since November 2019. They have made valuable contributions and would appreciate the opportunity to continue serving.

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

• Maximus Daniel De Medici
Mr. Medici is an immigrant from Mexico who proudly served in the US Navy for a decade. He worked as a Congressional Liaison in Houston, TX, and Washington, DC, for the US House of Representatives. One of his main responsibilities was managing the congressional internship program, as well as overseeing the national military academy nomination program, and military/veteran affairs legislation, initiatives, and events for Rep. Sheila Jackson Lee (D-TX). Mr. Medici has extensive experience dealing with inquiries from migrant newcomers and individuals in detention centers. He was awarded the U.S. Congressional Black Caucus Recognition Award for his effective advocacy for legislative issues that disproportionately affect Black Americans. Notably, he was the first person outside the Black community to receive this award. Currently, Mr. Medici is pursuing his graduate studies in government at Harvard University, where he is fluent in English, Italian, and Spanish.

• Debra Klein
Ms. Klein has lived in Cambridge for over 30 years and has dedicated herself to public service working with recent immigrant families and teens by providing case management and support services. Ms. Klein taught Social Studies, English, and ESL in the Bilingual Department of CRLS for many years, working with immigrant teens in grades 9-12. Ms. Klein also worked as a Family Liaison at the King Open School, doing community outreach and engagement work with recent immigrant families. Additionally, Ms. Klein worked a decade at Enroot, a local non-profit serving Cambridge immigrant youth, as a Senior Program Manager. Ms. Klein taught and provided case management to high school students who were recent immigrants or refugees. Currently, Ms. Klein serves on the Board of Directors at Enroot.

• Vanessa Sarmiento
Vanessa is an immigrant from Colombia and a human rights advocate. Upon arriving in the U.S. ten years ago, Vanessa experienced first-hand the common barriers migrants face in accessing basic services and employment opportunities. Since then, she has worked with immigrants from multiple backgrounds to ensure access to basic immigration legal services, particularly for individuals at risk of deportation. Vanessa has served as a liaison with local immigration courts, field offices, non-profit organizations, law firms, and legal clinics to facilitate access to services for non-citizens and their families. Currently, Vanessa supports refugees and migrants seeking economic advancement in the Greater Boston area by facilitating their access to legal counseling and serving as a valuable resource in navigating the complex and ever-changing immigration landscape for colleagues and those she serves.

• Tsamchoe Dolma
Ms. Dolma is a 15-year resident of Cambridge who came to the US as an asylee from Nepal. Ms. Dolma represented the Commission during the Townhall in a search for a new City Manager. Ms. Dolma has been an active member of the Commission and showed the commitment necessary to be involved in Commission working groups. Ms. Dolma has valued language skills fluent in English, Hindi, Nepali, and Tibetan.

• Ana D. Mejia
Ms. Mejia is a long-time Cambridge resident and an immigrant from the Dominican Republic. Ms. Mejia finds new ways to expand awareness of City opportunities and resources to the Spanish-speaking community through her work on the Commission and in her spare time. Ms. Mejia’s ideas have sparked renewed enthusiasm for planning the Welcoming Event in FY24.

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

Very truly yours,
Yi-An Huang
City Manager

8. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following persons as members of the Public Arts Commission (PAC) for a term of three years, effective June 12, 2023; Diana Smith, John Ravenal, Frank Shirley, Jennifer Lawrence, Gabrielle Domb and Keisha Greaves. (CM23#163)
Appointments Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am writing to recommend the following appointments of members to the Public Arts Commission (PAC) for a term of three years, effective June 12, 2023:

· Diana Smith
· John Ravenal
· Frank Shirley
· Jennifer Lawrence
· Gabrielle Domb
· Keisha Greaves

The Public Arts Commission was established under Chapter 2.114 of the Cambridge Municipal Code. The Public Art Commission guides the implementation of the Public Art Ordinance and the Art Gifts and Donation Policy and advises on the overall direction of the Public Art Program. The Commission brings its collective expertise to bear on discussions regarding the various program areas of the public art program, such as acquisition and deaccession, project planning, maintenance, conservation, educational programming, and the exhibitions in Cambridge Arts’ Gallery 344. The Commission reviews every percent-for-art project from artists’ proposals to final design. PAC approval is required before a project can go into fabrication.

The City Manager’s office posted a request for applications for the Public Arts Commission on the City website and via a news release on March 15, 2023, with a closing date of Apr 24, 2023. During that time, the Cambridge Arts Council published the vacancy posting in their newsletter, on their social media sites, and with current PAC members. The call for applicants was also posted in several of the City’s daily email updates and in postings on the City website. There were ten applicants, six of whom had relevant experience in the arts, were interviewed, and are recommended here.

The next anticipated vacancies for this commission will come in 2024.

I am pleased to recommend these six individuals whose expertise and experience will enable them to be valuable members of the Public Arts Commission:

Gabrielle Domb is an experienced arts professional with a background in modern and contemporary art. She has a strong commitment to public arts programming and education and currently works as the Studio Programs Manager at José Mateo Ballet Theatre, where she has focused on promoting gender equity in ballet and making ballet education accessible to diverse students. Gabrielle will contribute valuable insights and foster engaging conversations within the commission.

Keisha Greaves is a creative entrepreneur with a strong background in business operations. She is the founder of Girls Chronically Rock and a motivational speaker who raises awareness about Muscular Dystrophy, advocates for disability rights, and fundraises for causes. Her strong interpersonal, organizational, and advocacy skills will make her an asset to the Public Art Commission.

Jennifer Lawrence is a Senior Learning & Organizational Development Consultant at Dana-Farber Cancer Institute with a background in leadership development and team performance. Her experience as a Participatory Budget delegate volunteering on the Public Art sub-committee, and her expertise in organizational development make her a valuable addition to the Public Art Commission, where she aims to inspire the community through public art.

John Ravenal is an independent curator and writer with extensive experience in the art world. Most recently, he served as the Executive Director of deCordova Sculpture Park and Museum and has curated numerous exhibitions and commissions with renowned artists. Previously, he was the Sydney and Frances Lewis Family Curator of Modern and Contemporary Art at the Virginia Museum of Fine Arts, and before that, the Associate Curator of 20th-Century Art at the Philadelphia Museum of Art. His expertise in contemporary art and his knowledge of the art community makes him an ideal candidate for the Public Art Commission.

Frank Shirley is the principal of Frank Shirley Architects. He has extensive experience in project planning, coordination, and execution. His background in residential and institutional architecture, his knowledge of Cambridge, and his commitment to volunteer service make him a valuable addition to the Cambridge Public Art Commission.

Diana Smith spent thirty years as a volunteer docent/educator at the Metropolitan Museum of Art. She also has experience developing art programs and curating exhibitionists within organizations working with diverse stakeholders. Diana would have a lot of knowledge to contribute to the Public Art Commission.

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

Very truly yours,
Yi-An Huang
City Manager

9. Transmitting Communication from Yi-An Huang, City Manager, relative to an order authorizing the City Manager to transfer necessary funds needed to maintain appropriation control as part of the fiscal end-of-year closeout process. (CM23#164)
Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

As the end of the fiscal year approaches, some necessary transfers will be needed to maintain appropriation control as part of the fiscal end-of-year closeout process. For example, these transfers involve funding departmental salary and wage accounts from the salary adjustment budget account. The funding for the salary adjustment budget account was approved in the FY23 Adopted Budget. The City Council annually has authorized the City Manager to make necessary transfers from available budget balances for the orderly closure of the fiscal year.

Very truly yours,
Yi-An Huang
City Manager

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Agenda Item Number 9     June 12, 2023
ORDERED: That pursuant to the provisions of General Laws, Chapter 44, Section 33B, and prior to the close of books for FY23, the City Manager is hereby authorized to transfer appropriations from allotments with available balances to those needing supplementation.

10. A communication transmitted from Yi-An Huang, City Manager, relative to the establishment of a Universal Pre-Kindergarten (UPK) Stabilization Fund. (CM23#165)
Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am hereby requesting the establishment of a Universal Pre-Kindergarten (UPK) Stabilization Fund.

Universal pre-kindergarten has been a long-standing City Council goal and research shows that children who participate in UPK are more prepared in early math, reading, and social-emotional development. These programs especially benefit lower-income families and have a long-term impact on the achievement gap.

Planning for implementation of UPK has been a major effort across the City and Cambridge Public Schools, and will include creating a universal application system, building a strong workforce pipeline, and developing systems and support for program quality across all our classrooms. This significant investment is reflected in this year’s budget and represents one of the largest financial investments across the City’s FY24 Budget.

Establishing a stabilization fund to support the program provides a mechanism to address impacts of a potentially significant property tax levy increase associated with the cost, and also demonstrates a financial commitment to the program.

Funds appropriated to and held by the UPK Stabilization Fund, will be expended for the provision of programs and services related to establishing, maintaining and expanding a Universal Pre-Kindergarten program and other early childhood programs in the City of Cambridge.

Very truly yours,
Yi-An Huang
City Manager

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Agenda Item Number 8     June 12, 2023

AN ORDER ESTABLISHING A UNIVERSAL PRE-KINDERGARTEN STABILIZATION FUND

BE IT ORDERED, BY THE CITY COUNCIL OF THE CITY OF CAMBRIDGE AS FOLLOWS:

That in accordance with the provisions of Chapter 40, Section 5B of the General Laws, there is hereby established a stabilization fund, which shall be known as the Universal Pre-Kindergarten (UPK) Stabilization Fund. Funds appropriated to and held by the UPK Stabilization Fund, including any interest earnings thereon, shall be available to be expended for the provision of programs and services related to establishing, maintaining and expanding a Universal Pre-Kindergarten program and other early childhood programs in the City of Cambridge.

11. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $10,000,000 from Free Cash to the Universal Pre-Kindergarten (UPK) Stabilization Fund. Funds appropriated to and held by the UPK Stabilization Fund, will be expended for the provision of programs and services related to establishing, maintaining and expanding a Universal Pre-Kindergarten program and other early childhood programs in the City of Cambridge. (CM23#166)
Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am hereby requesting the appropriation in the amount of $10,000,000 from Free Cash to the Universal Pre-Kindergarten (UPK) Stabilization Fund.

Funds appropriated to and held by the UPK Stabilization Fund, will be expended for the provision of programs and services related to establishing, maintaining and expanding a Universal Pre-Kindergarten program and other early childhood programs in the City of Cambridge.

This appropriation represents an initial allocation and demonstrates a strong financial commitment to the UPK program. The establishment of the UPK Stabilization Fund, and an initial appropriation of $10 million, will provide a mechanism to address impacts of a potentially significant property tax levy increase associated with estimated costs of $20 million once the program is started. This strategy has been used by the City in the past for other major new expenditures and was discussed as part of the FY24 Budget.

As of June 12, 2023, the City’s Free Cash balance is $142,269,242 from an initial certified amount of $199,259,756.

Very truly yours,
Yi-An Huang
City Manager

12. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $1,000,000 from Free Cash to the Public Investment Fund Department of Public Works Extraordinary Expenditures account for technical assistance in assessing and implementing the City’s Building Energy Use Disclosure Ordinance (BEUDO) for new and existing City-owned buildings. (CM23#167)
Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am hereby requesting an appropriation in the amount of $1,000,000 from Free Cash to the Public Investment Fund Department of Public Works Extraordinary Expenditures account for technical assistance in assessing and implementing the City’s Building Energy Use Disclosure Ordinance (BEUDO) for new and existing City-owned buildings.

As part of the City’s efforts to achieve Net Zero Emissions for all new and existing buildings, Public Works and the Capital Building Projects Department are working to plan strategic, phased renovations of its existing building portfolio. The engagement of a specialty consultant will help the City assess and prioritize projects that will contribute to meeting the City’s goals.

This funding will help support an in-depth analysis of the City’s existing building portfolio in terms of energy use, emissions reduction, electrification of HVAC systems, on-site renewables, façade performance, climate resiliency, and other important issues, as part of an effort to prioritize and plan future Capital improvement projects that further the City’s decarbonization goals while also addressing significant other needs.

As of June 12, 2023, the City’s Free Cash balance is $142,269,242 from an initial certified amount of $199,259,756.

Very truly yours,
Yi-An Huang
City Manager

13. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $250,000 from Free Cash to the Public Investment Fund Department of Public Works Extraordinary Expenditures account, for a conditions assessment and preliminary feasibility study for the City’s property at 119 Windsor Street. (CM23#168)
pulled by Zondervan; comments by QZ; responses from Deputy City Manager Owen O’Riordan; Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am hereby requesting an appropriation in the amount of $250,000 from Free Cash to the Public Investment Fund Department of Public Works Extraordinary Expenditures account, for a conditions assessment and preliminary feasibility study for the City’s property at 119 Windsor Street.

The City of Cambridge leases its property at 119 Windsor Street to the Cambridge Health Alliance (CHA). For more than 20 years, the 47,000 square-foot building has been home to CHA’s Windsor Street Care Center, which is one of CHA’s largest community locations. The facility serves a large, diverse group of patients and provides a wide range of services. The Cambridge Public Health Department is also located on the site. The building has a significant need for infrastructure repairs and upgrades to improve the efficiency and operations of the facility, to replace outdated equipment, and to address deferred maintenance needs.

This funding will help support an assessment of the current building conditions and a preliminary feasibility study to evaluate potential repairs and improvements to the building, such as HVAC replacement, façade and roof repairs, and systems upgrades. Based on the results of this preliminary assessment, additional future funding will be required for full design and construction services of the recommended repairs and improvements.

As of June 12, 2023, the City’s Free Cash balance is $142,269,242 from an initial certified amount of $199,259,756.

Very truly yours,
Yi-An Huang
City Manager

14. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $660,866.80 from Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account. Funding will support projects to convert inefficient lighting to energy-saving LEDs at the Healy Public Safety Building, Main Library, Alice K Wolf Building, Longfellow-Broadway School and First Street Garage. (CM23#169)
pulled by Nolan; comments by PN, BA, DC, QZ; Order Adopted 8-0-1 (SS-Absent)

June 12, 2023
To the Honorable, the City Council:

I am hereby requesting the appropriation in the amount of $660,866.80 from Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account.

The City received these funds in prior fiscal years from Eversource for energy efficiency projects and the revenue fell to free cash. Funding will support projects to convert inefficient lighting to energy-saving LEDs at the Healy Public Safety Building, Main Library, Alice K Wolf Building, Longfellow-Broadway School and First Street Garage.

As of June 12, 2023, the City’s Free Cash balance is $142,269,242 from an initial certified amount of $199,259,756.

Very truly yours,
Yi-An Huang
City Manager

CHARTER RIGHT
1. That the Transportation and Public Utilities and Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebration Committees work with the City Manager and appropriate city departments and staff, to hold a joint hearing to receive input from city staff and the community to review the effectiveness and develop recommendations on methods to collect data and establish measurable benchmarks and standards as it relates to the Cycling Safety Ordinance. [Charter Right – Azeem, June 5, 2023] (PO23#109)
Azeem comments and amendments; Toner, Nolan, Zondervan, Carlone, McGovern comments; original sponsors added to substitute order 7-1-1 (QZ-No, SS-Absent); Amendments Adopted 7-1-1 (QZ-No, SS-Absent); Order Adopted as Amended 7-1-1 (QZ-No, SS-Absent)

O-11     June 5, 2023  Charter Right - Azeem
COUNCILLOR TONER
COUNCILLOR CARLONE
COUNCILLOR NOLAN
WHEREAS: In 2015 Cambridge’s Bicycle Plan laid out a vision for a bikeable city which was updated in 2020, and the City Council adopted Vision Zero in 2016, and the Cycling Safety Ordinance (CSO) was passed in 2019 and amended in 2020 to add timelines and the city has now installed or is close to completing 14.54 miles of separated and partial build bike lanes across the city; and
WHEREAS: All city programs and projects including the CSO should be reviewed periodically to ensure that the goals are met, and adjustments may be made if appropriate, now therefore be it
ORDERED: That the Transportation and Public Utilities and Neighborhood & Long Term Planning, Public Facilities, Arts & Celebration Committees work with the City Manager and appropriate city departments and staff, to hold a joint hearing to receive input from city staff and the community to review the effectiveness and develop recommendations on methods to collect data and establish measurable benchmarks and standards including and not limited to:

• Cycling activity and automobile traffic pre and post-installation, through the use of Eco Totems or other methods installed across the city

• Safety data and the number of pedestrian, cyclist, and automobile accidents and injuries

• The impact of new road infrastructure on the community including businesses, seniors and residents with disabilities

And consider including SMART goals in the ordinance for future reporting, to ensure updates on such data annually.

---

Amended Order (Azeem, McGovern)
O-11     June 5, 2023  Charter Right - Azeem
COUNCILLOR TONER
COUNCILLOR CARLONE
COUNCILLOR NOLAN
COUNCILLOR AZEEM
COUNCILLOR MCGOVERN
WHEREAS: In 2015 Cambridge’s Bicycle Plan laid out a vision for a bikeable city which was updated in 2020, and the City Council adopted Vision Zero in 2016, and the Cycling Safety Ordinance (CSO) was passed in 2019 and amended in 2020 to add timelines and the city has now installed 9.41 miles and is on track to add 4.73 miles or is close to completing 14.54 miles of separated and partial build bike lanes across the city; and
WHEREAS: This policy order is not meant to delay CSO projects. All city programs and projects including the CSO should be reviewed periodically to ensure that the goals are met, and adjustments may be made if appropriate, now therefore be it
ORDERED: That the Transportation and Public Utilities and Neighborhood & Long Term Planning, Public Facilities, Arts & Celebration Committees work with the City Manager and appropriate city departments and staff, to hold a joint hearing to receive input from city staff and the community to review the effectiveness and develop and identify recommendations on methods to collect data and establish measurable benchmarks and standards to make our streets safer and more efficient including and not limited to:

• Cycling activity and automobile traffic pre and post-installation, through the use of Eco Totems or other methods installed across the city

• Safety data and the number of pedestrian, cyclist, and automobile accidents and injuries and

• The impact of new road infrastructure on the community including businesses, seniors and residents with disabilities

And consider including SMART goals in the ordinance for future reporting, to ensure updates on such data annually.

COMMITTEE REPORTS
1. The Ordinance Committee held a public hearing on Wed, May 24, 2023 on the Citizens Zoning Petition received from Charles Jessup Franklin et al., regarding allowing new construction hat is similar in size and shape as existing buildings for the purpose of promoting housing and first floor retail. [text of report]
Report Accepted, Placed on File 8-0-1 (SS-Absent)
Present: Carlone, Mallon (late), McGovern, Nolan, Zondervan
Remote Present: Toner, Siddiqui (late), Simmons (late)
Absent: Azeem

TEXT OF ORDERS
O-1     June 12, 2023
COUNCILLOR ZONDERVAN
WHEREAS: The city first advertised a vacancy for the Resident Board Member of the Cambridge Housing Authority (CHA) Board of Commissioners on May 17, 2023 with an application deadline of June 5, 2023; and
WHEREAS: The application window for city board and commission vacancies is typically much longer, for example the vacancy on the Central Square Advisory Committee was first posted on May 24, 2023 with applications due on June 26, 2023; and
WHEREAS: Chapter 121B, Section 5 of Massachusetts General Law states:

A tenant, where applicable, shall be appointed by the town from a list of names submitted by a duly recognized tenants’ organization in the town. A tenants’ organization may submit a list to the board of selectmen that shall contain not less than 2 and not more than 5 names and the board shall make the appointment from among the names so submitted; provided, however, that if there is no such tenants’ organization, the housing authority shall immediately post notices throughout the common areas of the authority and provide each household with notice of the opportunity to be appointed to the housing authority board and, if any person wishes to be considered for such appointment, that person shall submit their name within 30 days thereafter to the town clerk; and

WHEREAS: Past practice in Cambridge has been to invite the Alliance of Cambridge Tenants (ACT) to participate in the selection process by submitting a list of names; and
WHEREAS: ACT is currently undergoing their 2023 Board Election which will be finalized on June 12, 2023, at which time they will be duly recognized as Cambridge’s at-large tenant association representing all of the public housing tenants and Section 8 voucher holders in the city; and
WHEREAS: It is unclear the extent to which Chapter 121B, Section 5 is applicable in this situation, but several tenants running for election to the new ACT Board have pointed out that given past practice it would be most appropriate to extend the submission deadline for a few weeks and invite the ACT Board to submit a list of names as soon as it is once again duly recognized as a tenant organization on June 12, 2023; and
WHEREAS: Tenants are reporting that CHA did not sufficiently post notices in the common areas of each of their properties or provide each household with notice of the vacancy, meaning that most tenants weren’t even aware of the opportunity; and
WHEREAS: It is important that the tenants are given a fair and equitable opportunity to participate in the process related to this appointment, and that requires extending the deadline past June 5, 2023; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Executive Director of the Cambridge Housing Authority to extend the deadline for submitting applications to fill the Resident Board Member vacancy on the CHA Board of Commissioners, and to invite ACT to submit a list of names; and be it further
ORDERED: That the City Manager be and hereby is requested to work with the appropriate departments to provide a legal opinion regarding the applicability of MGL Chapter 121, Section 5 in this situation; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter as soon as possible.

O-1     June 12, 2023
COUNCILLOR ZONDERVAN
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR CARLONE
ORDERED: That the proposed amendments to the Building Energy Use Disclosure Ordinance be further amended as follows:

ADD definition of “New Covered Property”

“New Covered Property” shall mean a Covered Property that receives a Certificate of Occupancy in 2025 or onwards.

CHANGE the performance requirement for New Covered Properties as follows:

New Covered Properties: The Baseline for a New Covered Property shall be the average Greenhouse Gas Emissions of the first two calendar years following issuance of the Certificate of Occupancy. New Covered Properties shall not exceed zero Greenhouse Gas Emissions in 2030 and onwards. comply with the following performance requirements on annual basis:

(a) For non-residential New Covered Properties of 100,000 Covered Square Feet or greater, Greenhouse Gas Emissions shall not exceed 80% of the Baseline in the fourth year after the Baseline period or 2026, whichever is later. Thereafter, the New Covered Property shall reduce Greenhouse Gas Emissions in three-year Compliance Periods that achieve a linear reduction to zero Greenhouse Gas Emissions in 2035, except no such New Covered Property shall exceed zero Greenhouse Gas Emissions in 2035 and onwards.

(b) For non-residential New Covered Properties of less than 100,000 Covered Square Feet, and residential New Covered Properties that are not fully held in Condominium or Cooperative ownership, Greenhouse Gas Emissions shall not exceed 80% of the Baseline in the years 2030 to 2034, 60% of the Baseline in the years 2035 to 2039, 40% of the Baseline in the years 2040 to 2044, 20% of the Baseline in the years 2045 to 2049, and zero in 2050 and onwards. Such New Covered Properties that receive their Certificate of Occupancy in 2030 or onwards shall reduce Greenhouse Gas Emissions in five-year Compliance Periods that achieve a linear reduction to zero Greenhouse Gas Emissions in 2050, except no such New Covered Property shall exceed zero Greenhouse Gas Emissions in 2050 and onwards.

O-2     June 12, 2023
COUNCILLOR ZONDERVAN
COUNCILLOR NOLAN
WHEREAS: DOER has released their application process and model language for the fossil fuel free construction pilot; and
WHEREAS: A prerequisite of admission to the 10 communities pilot is the adoption of local regulation and DOER recommends this be done through regular ordinance; and
WHEREAS: The deadline to apply for the State’s Fossil Fuel Free Demonstration Program is September 1, 2023; and
WHEREAS: The attached language is based on the model language provided by DOER; now therefore be it
ORDERED: That the Code of Ordinances be amended by adding the attached new chapter.

Chapter 15.30 FOSSIL FUEL-FREE DEMONSTRATION

§ 15.30.10 Definitions

Fossil Fuel-Free Demonstration – Codified by the entirety of 225 CMR 24.00, the Fossil FuelFree Demonstration

Specialized Energy Code – Codified by the entirety of 225 CMR 22 and 23 including Appendices RC and CC, the Specialized Energy Code adds residential and commercial appendices to the Massachusetts Stretch Energy Code, based on amendments to the respective net-zero appendices of the International Energy Conservation Code (IECC) to incorporate the energy efficiency of the Stretch energy code and further reduce the climate impacts of buildings built to this code, with the goal of achieving net-zero greenhouse gas emissions from the buildings sector no later than 2050.

§ 15.30.20 Purpose

The purpose of 15.30, also referred to as the Fossil Fuel-Free Demonstration is to restrict and prohibit new building construction and major renovation projects that are not fossil fuel-free.

§ 15.30.30 Applicability

This restriction applies to residential and commercial buildings that qualify as new construction or major renovation, as defined in 225 CMR 24.00 –. This restriction shall not apply to research laboratories for scientific or medical research, hospitals and medical offices regulated by the department of public health as a health care facility as defined in 225 CMR 24.00 –.

§ 15.30.40 Fossil Fuel-Free Demonstration

The Fossil Fuel-Free Demonstration, as codified by the entirety of 225 CMR 24.00, is herein incorporated by reference into the City of Cambridge Code of Ordinances, Chapter 15 with an effective date of January 1, 2024.

With adoption of the Fossil Fuel-Free Demonstration, and upon approval by DOER, the following amendments to the Specialized Energy Code are adopted. These changes are enforceable by the Inspectional Services Department and will go into effect for any project seeking a Building Permit after the effective date.

a. Low-rise Residential Code (225 CMR 22 Appendix RC)

1. Sections RC102 and RC101 “Zero Energy Pathway” and “Mixed Fuel Pathway” shall not be permitted for use for new construction or major renovations.

b. Commercial and All Other (225 CMR 23 Appendix CC)

i. Sections CC103 and CC105 “Zero Energy Pathway” and “Mixed-Fuel Pathway” shall not be permitted for new construction or major renovations, with the following exceptions:

1. Research laboratories for scientific or medical research,

2. Hospitals regulated by the department of public health as a health care facility,

3. Medical offices regulated by the department of public health as a health care facility.

O-3     June 12, 2023
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI
COUNCILLOR CARLONE
WHEREAS: During the FY24 budget discussions, the City Manager and staff indicated a willingness to release any demographic information that is available about the dues-paying membership of the municipal golf course; and
WHEREAS: The municipal golf course is entirely funded through its dues-paying membership and making this basic information available is an important component of our citywide commitment to equity and antiracism; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the appropriate departments to promptly release any available demographic information related to the dues-paying membership of the municipal golf course, including (but not limited to) zip code, age, gender, race, and longevity of membership; and be it further
ORDERED: That the City Manager report back on this matter ahead of the summer recess.

O-4     June 12, 2023  Amended
COUNCILLOR CARLONE
MAYOR SIDDIQUI
COUNCILLOR AZEEM
COUNCILLOR NOLAN
WHEREAS: The fields of Science, Technology, Engineering, Arts, and Mathematics (STEAM) represent a large portion of the well-paying jobs in the modern economy; and
WHEREAS: Regardless of profession, proficiency in these academic disciplines is necessary in order to fully benefit from today’s quickly changing society; and
WHEREAS: Cambridge is home to internationally renowned universities in the field of STEAM, such as Harvard and MIT, and the biotech hub of Kendall Square has been described as “the most innovative square mile on the planet”; and
WHEREAS: Despite these realities, too many students within the Cambridge Public Schools (CPS) system have fallen behind in mathematics, which is a cornerstone of the STEAM disciplines; and
WHEREAS: A local nonprofit, Cambridge Math Circle (CMC), has been in operation since 2018, and has grown in that time to serving 700 students per year, including over 300 students weekly, in CPS schools during lunch, in afterschool clubs, in online and weekend classes, and in summer camps; and
WHEREAS: CMC compliments the learning that takes place in the math classrooms by giving underrepresented students—girls, Black and Brown youth, and low-income students— more opportunities to enjoy and excel in challenging math; and
WHEREAS: While there is federal funding available for struggling students, enabling CPS to hire multiple coaches and specialists at each school to work with this cohort, there is no similar federal funding for enrichment and enjoyment, which is critical for getting students to want to learn; and
WHEREAS: Over 80% of students surveyed said that they feel more confident in math and enjoy school math classes more as a result of participating in a CMC program; and
WHEREAS: Participants in Cambridge Math Circle are 90% CPS students, 35% Black/Latinx, 50% female, and 30% low income; and
WHEREAS: This academic year, CMC has operated in Cambridgeport, Fletcher Maynard Academy, Haggerty, Kennedy-Longfellow, Morse, Tobin, and Vassal Lane Upper School; and
WHEREAS: The CMC program is so successful that it receives students from each of the surrounding towns who seek out its services, which helps partially subsidize the cost for some CPS students to attend CMC programs for free; and
WHEREAS: Because of the exponential growth of the program and the increased demand for its services due to the effects of the pandemic, CMC’s budgeted expenses have outpaced existing city funding, which currently stands at $20,000 a year; now therefore be it
ORDERED: That the City Manager be and hereby is requested to amend the Cambridge Math Circle budget up by $100,000 annually.

O-5     June 12, 2023
COUNCILLOR AZEEM
COUNCILLOR ZONDERVAN
WHEREAS: On April 4th and 5th 2022, graduate student workers at MIT voted to form the MIT Graduate Student Union – UE Local 256 (MIT GSU) and exercise their right to a democratic voice in their workplace; and
WHEREAS: Over the past nine months, the MIT GSU has negotiated with the MIT administration in good faith and made significant compromises in an effort to reach an agreement by the end of the 2022-2023 academic year; and
WHEREAS: The MIT administration has failed to meet graduate workers on issues essential to their material and working conditions while employed by MIT, and has needlessly delayed the bargaining process despite expressly stating their shared interest in finalizing an agreement by the end of the 2022-2023 academic year; and
WHEREAS: MIT has a well-documented problem of endemic harassment and discrimination that is not sufficiently addressed by current internal resolution processes, which are compromised by institutional conflicts of interest, with approximately 1 in 6 students (70% of them women, and including 1 in 3 trans and gender non-conforming students) having experienced harassment and 2 in 5 graduate student workers having experienced harassing behaviors; and
WHEREAS: MIT students are more likely to experience harassment from someone in a position of authority over them (an advisor or faculty member) than the Association of American Universities average, necessitating stronger protections; and
WHEREAS: The MIT administration currently insists on an open shop contract that would not only undermine the negotiating position, unity, and contract enforcement power of MIT GSU, but also threaten the negotiating position of all unions on MIT’s campus, including SEIU Local 32BJ, UNITE HERE Local 26, AFSCME Local 2353; and
WHEREAS: The MIT Graduate Student Council estimates that MIT graduate student workers experienced an average cost of living increase of 6.8% (for single workers) or 6.1% (for workers with children) in 2022, while the MIT administration is offering stipend increases of 5.25%, 3.5%, and 3% in the three years of the contract, constituting an effective pay cut in real terms; and
WHEREAS: MIT GSU members voted down the MIT administration’s current contract offer by an 88% margin, showing that the current offer is incompatible with the rights, well-being, and dignity of graduate student workers; now therefore be it
RESOLVED: That the City Council go on record in support of the MIT GSU’s right to a fair contract that protects their rights and livelihoods; and be it further
RESOLVED: That the City Council urges the MIT administration to negotiate in good faith with the MIT GSU and promptly agree to a contract that includes
  • A union shop (to the greatest extent allowed by the legal precedent of Communications Workers of America v. Beck)
  • Meaningful recourse through an independent grievance procedure in cases of harassment, discrimination, and bullying, with full access to remedies through third-party arbitration.
  • A pay increase in real terms, above the annual rate of cost of living increase currently experienced by graduate student workers; 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 MIT GSU, and members of the MIT administration, including President Kornbluth.

O-6     June 12, 2023  Amended
COUNCILLOR NOLAN
VICE MAYOR MALLON
COUNCILLOR AZEEM
COUNCILLOR CARLONE
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR TONER
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI
WHEREAS: Cambridge is committed to identifying and eliminating preventable causes of traffic fatalities and serious injuries and on several occasions the Cambridge City Council has expressed intent to pursue automated traffic enforcement; and
WHEREAS: As far back as 2009, the Council voted to support the option for local legislation on automated red-light enforcement, and over time the Council has reaffirmed its desire to implement automated traffic enforcement including:
  • POR 2019 #37, in which the Council voted in support of a Massachusetts bill that would allow for camera enforcement to reduce red-light and speeding violations; and
  • POR 2020 #53, which called for Cambridge to become a pilot city for automated traffic enforcement, which was adopted unanimously by the Council; and
  • POR 2023 #19, in which the Council voted to look into the feasibility of automated traffic enforcement in Cambridge; and
  • POR 2023 #30, in which the Council expressed unanimous support for Massachusetts bills that would allow municipalities to implement automated ticketing systems for at least six types of traffic violations; and
  • POR 2023 #110, in which the Council voted unanimously to commit to actively looking for creative ways to increase traffic safety and implement automated traffic solutions; and
WHEREAS: This Home Rule would allow Cambridge to implement automated traffic enforcement and would allow other municipalities and state authorities to model similar action across the state; now therefore be it
ORDERED: That the attached Home Rule Petition titled “PETITION FOR AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO EMPLOY AUTOMATED ENFORCEMENT WITHIN THE CITY OF
CAMBRIDGE” be forwarded to the state delegation in order to forward to the General Court for adoption.

PETITION FOR AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO EMPLOY AUTOMATED ENFORCEMENT WITHIN THE CITY OF CAMBRIDGE.

Act authorizing the City of Cambridge to employ automated enforcement within the City of Cambridge.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 1.

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Automated Road Safety Camera System” shall mean an automated motor vehicle sensor device installed which produces digital photographs and may record the speed of each motor vehicle at the time it is operated in a manner that is in violation of traffic laws and regulations where the automated road camera safety system is located.

“Camera Enforceable Violation” shall mean any of the following violations of a traffic law or regulation: (i) failing to stop at a steady red indication in a traffic control signal at an intersection pursuant to section 9 of chapter 89; (ii) exceeding the speed limit in violation of section 17, section 18, or section 18B of chapter 90; or (iii) operating, parking or causing a motor vehicle to stand in a lane designated for the exclusive use of buses unless otherwise regulated or posted by an official traffic signal, sign or marking or at the direction of an authorized police officer.

“Municipal designee”, the municipal entity designated by the city manager to supervise and coordinate the administration of camera enforceable violations under this chapter.

Section 2.

(a) The City of Cambridge (“The City”) may install an automated road safety camera system as a means of promoting traffic safety. The automated road safety camera system may be placed: (i) along any portion of any way within the City’s control; or (ii) along any portion of any way within the control of the Commonwealth, other than a limited access highway, with written permission from the Massachusetts Department of Transportation or the department of conservation and recreation; provided further, that the City may impose a penalty for a camera enforceable violation on the registered owner of a motor vehicle pursuant to section 3.

(b) Annually, not later than December 1, the City shall transmit a report to the Cambridge City Council that details each automated road safety camera system located in the City or proposed to be located in the City. The report shall include, but not be limited to: (i) a list of the locations of each automated road safety camera system in the City; (ii) an analysis of the nexus between public safety and each location’s automated road safety camera system; and (iii) the number of fines and warnings issued for camera enforceable violations pursuant to section 3; (iv) records of the maintenance and calibration of each location’s automated road safety camera system; (v) crash data at each separate location of an automated road safety camera system; (vi) an analysis of the frequency of traffic stops by the City’s police force prior to and after the implementation of an automated road safety camera system.

Section 3.

(a) The fine imposed for a violation issued pursuant to this chapter shall be no more than the amount that the fine would be if a citation for the underlying violation had been issued in accordance with section 2 of chapter 90C of the General Laws. For violations issued pursuant to this chapter, except as provided in section 4, the owner or owners of a vehicle shall be liable for the fine, however, no owner of a vehicle shall be responsible for a violation issued pursuant to this chapter where the operator of the motor vehicle was issued a citation for the underlying violation in accordance with section 2 of chapter 90C of the General Laws. The City may send a written warning to the owner or owners in lieu of enforcement for the purpose of education.

(b) A certificate, or a facsimile thereof, based upon inspection of photographs and data produced by an automated road safety camera system, and sworn to or affirmed by the municipal designee, shall be prima facie evidence of the facts contained therein.

(c) A camera enforceable violation issued by the City under this chapter shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall such violation be considered a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175 of the General Laws.

(d) The municipal designee shall supervise and coordinate the administration of violations issued in conformance with this chapter. The municipal designee shall have the authority to hire and designate such personnel as may be necessary or contract for such services to implement the provisions of this chapter.

(e) It shall be the duty of the municipal designee to cause a notice of violation to the registered owner or owners of a motor vehicle identified in photographs produced by such device as evidence of a violation pursuant to this chapter. Such notice shall contain, but not be limited to, the following information: (i) a copy of the photographs produced by the automated road safety camera system and any other data showing the vehicle in the process of a camera enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv) the specific camera enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to subsection (a); (vi) instructions on how to appeal the camera enforceable violation in writing and to obtain a hearing; and (vii) an affidavit form approved by the municipal designee for the purposes of making a written appeal pursuant to subsection (j).

(f) In the case of a violation involving a motor vehicle registered under the laws of the Commonwealth, a notice of violation shall be mailed within 14 days of the violation to the address of the registered owner or owners as listed in the records of the registrar of motor vehicles. In the case of any motor vehicle registered under the laws of another state or country, such notice of violation shall be mailed within 21 days of the violation to the address of the registered owner or owners as listed in the records of the official in such state or country having charge of the registration of such motor vehicle. If said address is unavailable, it shall be sufficient for the municipal designee or designee to mail a notice of violation to the official in such state or country having charge of the registration of such motor vehicle.

(g) A notice of violation shall be sent by first class mail in accordance with subsection (f) and shall include an affidavit form approved by the municipal designee for the purpose of complying with subsection (b). A manual or automatic record of mailing processed by or on behalf of the municipal designee in the ordinary course of business shall be prima facie evidence thereof, and shall be admitted as evidence in any judicial or administrative proceeding, as to the facts contained therein.

(h) Any owner to whom a notice of violation has been issued shall not be liable for a camera enforceable violation under this chapter if the: (i) violation was necessary to allow the passage of an emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii) violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental or leasing company and has complied with section 4; (v) operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle.

(i) Any motor vehicle owner to whom a notice of violation has been issued pursuant to this chapter may admit responsibility for such violation and pay the fine provided therein. Payment may be made personally or through a duly authorized agent, by appearing before the municipal designee’s designee during normal office hours, by mailing or online. Payment by mail shall be made by check, money order or credit card to the municipal designee or City. Payment of the established fine and any applicable penalties shall operate as the final disposition of the violation. Payment by one motor vehicle owner shall operate as the final disposition of the violation as to all other motor vehicle owners of the same motor vehicle for the same violation.

(j) An owner may contest responsibility for a violation under this chapter in writing by mail or online. The owner shall provide the municipal designee with a signed affidavit in a form approved by the municipal designee, stating: the reason for disputing the violation; the full legal name and address of the owner of the motor vehicle; and the full legal name and address of the operator of the motor vehicle at the time the violation occurred. An owner may include signed statements from witnesses, which include the names and addresses of witnesses, supporting the owner’s defense. Within 21 days of receipt, the municipal designee or the hearing officer shall send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner or owners. If the owner is found responsible for the violation, the owner shall pay the fine in the manner described in (i) within 14 days of the issuance of the decision or request further judicial review pursuant to section 14 of Chapter 30A of the General Laws.

(k) An owner may request a hearing to contest responsibility for a violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the municipal designee shall schedule the matter before a hearing officer. Said hearing officer may be an employee of the municipal designee of the City or such other person or persons as the municipal designee may designate. Written notice of the date, time and place of said hearing shall be sent by first class mail to each registered owner. The hearing shall be informal, the rules of evidence shall not apply, and the decision of the hearing officer shall be final subject to judicial review as outlined by section 14 of Chapter 30A of the General Laws. Within 21 days of the hearing, the municipal designee or the hearing officer should send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner or owners. If the owner is found responsible for the violation, the owner shall pay the fine in the manner described in (i) within 14 days of the issuance of the decision or request further judicial review pursuant to section 14 of Chapter 30A of the General Laws.

(l) Unless an owner or owners pay the fine or contest responsibility within 60 days of the violation, the provisions shall apply. If an owner to whom a notice of violation has been issued either fails to pay the fine in said notice in accordance with subsection (i), or is found responsible for the violation and does not pay the fine in accordance with subsection (j) or subsection (k), the municipal designee shall notify the registrar of motor vehicles who shall place the matter on record. It shall be the duty of the municipal designee to notify the registrar forthwith that such case has been so disposed; provided, however, that certified receipt of full and final payment from the municipal designee shall also serve as legal notice to the registrar that said violation has been disposed of in accordance with this chapter. The certified receipt shall be printed in such form as the registrar of motor vehicles may approve.

Section 4.

(a) Notwithstanding section 3 of this chapter, if the registered owner of a motor vehicle in receipt of a notice of violation is a person or entity engaged in the business of leasing or renting motor vehicles, and such motor vehicle was operating under a rental or lease agreement at the time of a violation, then the provisions of this section shall be applicable, and the registered owner shall not be liable for any unpaid fines; provided, however, that such owner has complied with the procedures of this section.

(b) The municipal designee shall give to the registered owner notice in writing of each violation in which a motor vehicle owned by such owner is involved, as set forth in section 3.

(c) Within 45 days of the violation, the registered owner shall furnish to such department or designee in writing the name and address of the lessee or rentee of such motor vehicle at the time of the violation; the lessee’s or rentee’s driver’s license number, state of issuance of such driver’s license and the lessee’s or rentee’s date of birth.

(d) Such department or designee shall thereupon issue a notice of violation to such lessee or rentee in the form prescribed by section 3 and the lessee or rentee shall be liable for the violation.

(e) If such lessee or rentee to whom a notice of violation has been issued either fails to pay the fine in accordance with subsection (i) of section 3, or fails to receive a favorable adjudication of said notice in accordance with subsection (j) of section 3, or subsection (k) of section 3, the municipal designee or designee shall notify the registrar of motor vehicles who shall place the matter on record. It shall be the duty of the municipal designee to notify the registrar forthwith that such case has been so disposed; provided, however, that certified receipt of full and final payment from the municipal designee shall also serve as notice to the registrar that said violation has been disposed of in accordance with this chapter. The certified receipt shall be printed in such form as the registrar of motor vehicles may approve.

Section 5.

No violation shall be issued pursuant to this chapter for: (i) a failure to stop at a signal at an intersection if any part of the vehicle was over the stop line when the light was yellow, regardless of whether or not the light turned red while the vehicle was over the stop line; (ii) exceeding the speed limit, unless the vehicle exceeds the speed limit by not less than 5 miles per hour.

Section 6.

(a) The City shall install a sign notifying the public that an automated road safety camera system is in use at each location of said camera.

(b) The City shall make a public announcement and conduct a public awareness campaign of use of automated road safety camera systems beginning at least 60 days before the enforcement program is in use. The City may install but not activate automated road safety camera systems during said time period.

Section 7.

(a) The compensation paid to the manufacturer or vendor of the automated road safety camera system as authorized herein shall be based on the value of the equipment or services provided and shall not be based on the number of traffic citations issued or the revenue generated by the systems.

(b) Not less than annually, a professional engineer registered in the Commonwealth or an independent laboratory shall verify that the automated road safety camera system and any appurtenant traffic control signals are correctly calibrated.

Section 8.

(a) Photographs and other recorded evidence shall only be captured when a camera enforceable violation occurs. Photographs and other recorded evidence shall be destroyed within 48 hours of the final disposition of a violation.

(b) No photographs taken in conformance with this chapter shall be discoverable in any judicial or administrative proceeding other than a proceeding held pursuant to this chapter without a court order. No photograph taken in conformance with this chapter shall be admissible in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for such violation of this chapter without a court order. A court shall order a release of a photograph taken in conformance with this chapter only where the photograph tends to establish or undermine a finding of a moving violation and the violation is material as to a finding of civil or criminal liability.

(c) Photographs and other personal identifying information collected by the City pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of chapter 4 or chapter 66.

(d) An automated road safety camera system shall not be utilized to take a frontal view photograph of a motor vehicle committing a camera enforceable violation. A frontal view photograph of a motor vehicle committing a camera enforceable violation taken by an automated road safety camera system shall not be discoverable or admissible in any judicial or administrative proceeding and shall not be used as the basis for a camera enforceable violation under this chapter. To the extent practicable, additional efforts shall be made to ensure that photographs produced by an automated road safety camera system do not identify the vehicle operator, the passengers or the contents of the vehicle.

(e) The City or a manufacturer or vendor of an automated road safety camera system may not use, disclose, sell or permit access to data collected by an automated road safety camera system except as necessary to process camera enforceable violations in accordance with this chapter.

Section 9.

This Act shall take effect upon its passage.

O-7     June 12, 2023  Amended
COUNCILLOR MCGOVERN
COUNCILLOR AZEEM
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR TONER
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI
WHEREAS: Massachusetts pets suffer because of insufficient standards for boarding kennels and dog daycare facilities, and it is estimated that a dog is injured or killed every 10 days at a boarding kennel in Massachusetts; and
WHEREAS: Oversight of kennels varies significantly from municipality to municipality, not all municipalities issue kennel licenses, and even when they do, it is a bare minimum requirement that simply states that the kennel must be maintained in a sanitary and humane manner; and
WHEREAS: Bill No. H. 2019, also known as “Ollie’s Law,” protects animal welfare and public health and is the most comprehensive bill before the Massachusetts Legislature addressing the lack of statewide standards or regulations for commercial kennels, pet day-care facilities, or higher-volume breeders; and
WHEREAS: Animal control officers, veterinarians, consumers, and others have provided detailed examples as to why promulgating regulations, beyond a kennel license, is necessary; and
WHEREAS: Ollie’s Law would authorize the state Department of Agricultural Resources to create regulations for pet daycare facilities and implement regulations for proper pet care with input from an 11-member committee; and
WHEREAS: Proposed regulations include employee-to-dog ratios, emergency protocols and supervision guidelines for dogs based on size as well as a reporting system for safety violations; now therefore be it
ORDERED: That the Cambridge City Council go on record in support of the animal protections addressed in H. 2019; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Speaker of the House and the President of the Senate of the Massachusetts General Court as a true expression of this Council’s sentiments.

O-8     June 12, 2023
COUNCILLOR NOLAN
ORDERED: That the City Manager is requested to have the Legal Department answer the following questions related to the timeline on voting a possible charter change:

• Has the Secretary of State in Massachusetts approved charter revision ballot questions by municipalities to be voted the same day as state elections as long as separate ballots are issued?

• If a charter revision is a rewrite of a charter would the Massachusetts Attorney General office allow the charter to be changed under G.L. c. 43B section 10(a)?

• How often have charter changes been approved and voted upon by Massachusetts municipalities in a special election separate from a usual municipal election?