2. A communication transmitted from Louis A. DePasquale, City Manager, relative to new appointments and reappointments of the following persons as members of the Cambridge Health Alliance Board of Trustees. New Appointments: Danielle Allen (Cambridge, 1-year term), Joseph Curtatone (Somerville, 3-year term) Reappointments: Lori Lander (Cambridge, 3-year term), Claire Laporte (Cambridge, 3-year term), Bryan Simmons (Somerville, 3-year term) (CM22#136)
pulled by Zondervan; Placed on File 9-0

June 27, 2022
To the Honorable, the City Council:

I am hereby transmitting notification of the new appointments and reappointments of the following persons as members of the Cambridge Health Alliance Board of Trustees. These appointments require notification to the City Council only.

New Appointments

Danielle Allen (Cambridge, 1-year term)
Danielle Allen is a professor of public policy, politics, and ethics at Harvard University, Director of the Edmond and Lily Safra Center for Ethics, and James Bryant Conant University Professor, one of Harvard’s highest honors. She is also a seasoned nonprofit leader, democracy advocate, national voice on pandemic response, distinguished author, and mom. Danielle’s work to make the world better for young people has taken her from teaching college and leading a $60 million university division to driving change at the helm of a $6 billion foundation, writing for the Washington Post, advocating for cannabis legalization, democracy reform, and civic education, and most recently, to running for governor of Massachusetts. During the height of COVID in 2020, Danielle’s leadership in rallying coalitions and building solutions resulted in the country’s first-ever Roadmap to Pandemic Resilience.

Joseph Curtatone (Somerville, 3-year term)
In January, 2022, Joe Curtatone became the President of the Northeast Clean Energy Council (NECEC) and a Senior Practice Fellow at the Harvard Kennedy School Ash Center for Democratic Governance and Innovation. Prior to starting his new roles, he served nine terms (18 years) as Mayor of Somerville, Massachusetts where he earned a reputation for being one of the most innovative mayors in the United States. During his time in office Somerville developed a comprehensive net zero climate action plan, experienced housing and job booms by redeveloping former industrial districts, spearheaded the first major expansion of Boston’s core rail transit system in a generation and launched the national healthy cities initiative. Somerville consistently tops lists of the “Most Walkable” and “Most Bikeable” cities in the United States.

Reappointments

Lori Lander (Cambridge, 3-year term)
Ms. Lander is a community activist and volunteer. She co-founded Many Helping Hands 365, a civic engagement non-profit that organizes many events, including the annual Martin Luther King Day of Service, a community and public health driven gun buy-back program, and provides safe and ongoing community forums on important issues. Lori received her Juris Doctorate from University of Miami School of Law and her Bachelor of Arts from Princeton University.

Claire Laporte (Cambridge, 3-year term)
Ms. Laporte is an experienced trial lawyer who has received recognition in both Chambers USA and Massachusetts SuperLawyers for her intellectual property practice. She represents clients in complex patent litigation and technology-related matters in a broad range of technical specialties including biotechnology, medical devices, pharmaceuticals, e-commerce, computer vision, and other software. She currently serves on the CHA Foundation and was formerly a member of CHA’s Patient Family Advisory Council (PFAC).

Bryan Simmons (Somerville, 3-year term)
Mr. Simmons has more than 32 years of global experience in communications, brand management, and integrated marketing campaign development. Bryan held a number of executive positions in Marketing and Communications at Lotus Development Corporation and IBM Corp., including Vice President, IBM Americas, Vice President of Global Industry Communications, and Vice President of Marketing, IBM Lotus Software. He has served on the boards of Gay & Lesbian Advocates and Defenders, ACLU Massachusetts, Commonwealth Shakespeare Company, AIDS Action Committee of Massachusetts and Primary Care Progress.

Very truly yours,
Louis A. DePasquale
City Manager

3. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request from the Board of Election Commissioners recommending the relocation of polling sites, in accordance with Chapter 255 of the Acts of 2020, as amended by Chapter 5 of the Acts of 2021 and Chapter 29 of the Acts of 2021. (CM22#137)
Order Adopted 9-0

June 27, 2022
To the Honorable, the City Council:

In accordance with Chapter 255 of the Acts of 2020, as amended by Chapter 5 of the Acts of 2021 and Chapter 29 of the Acts of 2021, please find attached a request from the Board of Election Commissioners recommending the relocation of polling sites.

Very truly yours,
Louis A. DePasquale
City Manager

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To: Louis A. DePasquale, City Manager
From: Board of Election Commissioners
Date: June 22, 2022
Re: RECOMMENDATION TO RELOCATE CERTAIN POLLING SITES FOR THE 2022 STATE PRIMARY AND STATE ELECTION

In accordance with Chapter 255 of the Acts of 2020, there are procedures required when moving precincts or polling locations which affects any polling place changes. The section states:

“Notwithstanding section 24 of chapter 54 of the General Laws or any other general or special law to the contrary, the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the election not less than 20 days prior to the date of the election if it is determined that the public convenience or public health would be better served.”

“If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality, if such building is suitably equipped; provided, however, that alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein.”

“In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served.”

“In making a decision to change a polling place, the select board, board of selectmen, town council or city council shall evaluate and report on whether such change would have a disparate adverse impact on access to the polls on the basis of race, national origin, disability, income or age, and not later than 3 days prior to changing a polling place, shall make publicly available on its website and at the office of the town or city clerk a report on its evaluation.”

“When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters by using an electronic means, to the extent available, such as via email or reverse 911 call.”

The City’s primary responsibility is to conduct fair elections in a manner that facilitates maximum voter participation while minimizing voter confusion and risk during COVID-19. Accordingly, “the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the election not less than 20 days prior to the date of the election if it is determined that the public convenience or public health would be better served...”

With the everchanging status of the coronavirus and lack of available and suitable locations to serve as polling places it has been determined by the City of Cambridge Board of Election Commissioners (“Board”) that public health and convenience would be better served if some polling sites were relocated.

In addition, in response due to the increase in population as per the 2020 Federal Census the Election Commission, with the assistance of the Cambridge GIS department, submitted the 2020 Re-Precincting Plan was submitted to the Local Election District Review Commission (“LEDRC”) and approved. The City of Cambridge will maintain its eleven (11) wards and thirty-three (33) precincts but will now add new nine (9) sub-precincts. There will twenty-four (24) polling sites, 33 precincts and nine (9) new sub-precincts. The Board recommends that four (4) of these precincts be relocated and one (1) sub-precinct’s location be established. The Board has located suitable locations to serve as polling sites that would meet state regulations and be in the same ward and precinct or in close proximity to the current polling places with hopes of providing voter convenience and to minimize voter confusion.

Each of the proposed polling locations were evaluated and the Board determined that these sites will not have a “disparate adverse impact on access to the polls on the basis of race, national origin, disability, income or age...” The proposed locations are accessible for all voters, near previously used polling locations, and provide enough space to accommodate the necessary voting equipment and supplies and social distancing of poll workers, and voters.

In accordance with 950 CMR 51:00 “Polling place accessibility for elderly and handicapped voters” a Polling Place Accessibility Survey will be completed for each of the proposed relocation sites to enable the Board to determine that they are fully accessible for all voters and suitable as polling locations. In addition, the Board will adhere to public health guidelines and ensure election workers receive training on properly sanitizing equipment, PPE and social distancing to mitigate public health risks.

The following is a list of the recommended relocation sites:

Precinct	2021 Polling Location & Reason for Relocation	Polling Place Relocation
1-1	Community Charter School of Cambridge, 245 Bent Street	To be determined
4-2 and 4-2A (new sub-precinct)	City Hall, 803 Mass. Ave – Insufficient space for a precinct and sub-precinct	St. Peter’s Church
9-1	Trinity Church – under renovations	Lexington Firehouse – Temporary change for 2022
10-3	Cambridge Friends School – Returning to Cadbury Commons	Cadbury Commons

At a meeting held on Wed, June 22, 2022, at 5:30pm, the Board voted 4 in favor, 0 against, to submit this request recommending the relocation of certain polling to the City Council for review and determination as per Chapter 255 of the Acts of 2020.

6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 22-32 relative to an update on progress made in regard to LGBTQ+-Friendly Housing efforts. (CM22#140)
pulled by Simmons; Placed on File 9-0

June 27, 2022
To the Honorable, the City Council:

In response to Awaiting Report No. 22-32, which requested an update on progress made in regard to LGBTQ+-Friendly Housing efforts, please be advised that staff from the City Manager’s Office, the LGBTQ+ Commission, the Community Development Department, and the Law Department are working diligently on this issue.

As part of this work, I am establishing an advisory City Manager’s LGBTQ+- Friendly Housing Task Force. I anticipate that Acting City Manager Owen O’Riordan will work with City staff to appoint members of the Task Force in the coming weeks. The Task Force will include, but not be limited to, one or more representatives from: the Cambridge Housing Authority; the Cambridge LGBTQ+ Commission; the Affordable Housing Trust; private real estate developers; affordable housing providers; representatives who have worked on LGBTQ+-friendly housing efforts in other municipalities; and representatives with lived experience as members of the LGBTQ+ community familiar with or searching for inclusive housing. Maura Pensak, the City Manager’s Housing Liaison, and Jennifer Mathews, the Executive Director of the LGBTQ+ Commission will serve as interim chairs of the Task Force and will thereafter continue to provide staff support to the Task Force. Additional staff from the Community Development Department and Law Department will support the Task Force as appropriate.

The City Manager’s LGBTQ+-Friendly Housing Task Force will be asked to consider the following areas: market demand for LGBTQ+-friendly housing, and whether such demand is focused in a particular age group or income level; lessons learned from other municipalities’ efforts to establish LGBTQ+-friendly housing; and legal constraints and considerations related to housing financing, fair housing and resident selection preferences, supportive housing, or other mechanisms by which housing could be characterized as LGBTQ+-friendly. I anticipate that the Task Force will begin meeting in early fall and issue its report and recommendations in fall or early winter 2023.

With regard to consolidating information on past efforts on the topic of LGBTQ+-Friendly Housing, City staff will create a new section on the City’s website to centralize existing resources. This section can be replicated, or cross-linked, on City webpages for the Community Development Department’s Housing Division, the Office of the Housing Liaison, and the LGBTQ+ Commission. The website addition will include, at a minimum: the June 2015 report of the Housing Committee, key materials from the Housing Committee’s work, the 2016 Part 1 Report of the then-GLBT Commission on LGBT Inclusive Housing for Older Adults in Cambridge, and the recently issued 2022 Part 2 Report of the LGBTQ+ Commission on LGBT Inclusive Housing for Older Adults in Cambridge.

This website addition will be completed prior to the first meeting of the City Manager’s LGBTQ+-Friendly Housing Task Force and will be used as an educational resource for the Task Force. This will allow Task Force members to quickly understand the history of this work in Cambridge and begin its own efforts. When complete, the report and recommendations of the Task Force will also be included on the website.

Very truly yours,
Louis A. DePasquale
City Manager

7. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $500,000, from Free Cash to the Public Works Public Investment Fund Extraordinary Expenditures account to fund the purchase of a Mack LR Electric rubbish packer. (CM22#141)
pulled by Nolan; Order Adopted 9-0

June 27, 2022
To the Honorable, the City Council:

I am hereby requesting an appropriation, in the amount of $500,000, from Free Cash to the Public Works Public Investment Fund Extraordinary Expenditures account to fund the purchase of a Mack LR Electric rubbish packer.

The Department will supplement the total cost of this vehicle (which is valued at $600,000) with existing balances so that an order for this piece of equipment can be placed immediately. DPW staff have conducted an extensive review of the vehicle’s operation, performance, and reliability. This vehicle also comes with a low cab, thus lessening the wear and tear on drivers and laborers as they step in and out of the vehicle to pick up and dump rubbish in the vehicle hopper.

This fully electric truck will replace a less efficient existing diesel rubbish packer and significantly reduce CO2 emissions, fuel use, and air pollutants.

Very truly yours,
Louis A. DePasquale
City Manager

8. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of appropriation and authorization to borrow $4,500,000 to provide funds for the design and construction of building renovations to the vacant City owned property at 105 Windsor Street. (CM22#142)
pulled by Simmons; Charter Right - Zondervan
[Note: Councillor Simmons has been seeking a site for a Cambridge history museum for a number of years. Whether this site is appropriate for this use (among other uses) is an open question. An ideal site would be one that would draw a critical mass of visitors, and it’s not clear that this would meet that criterion.]

June 27, 2022
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $4,500,000 to provide funds for the design and construction of building renovations to the vacant City owned property at 105 Windsor Street.

The property at 105 Windsor Street is approximately 13,000 gross square feet and located on a 10,000 square foot parcel at the intersection of Windsor Street and School Street in the Port neighborhood. The existing brick structure was built in 1868 as the City’s Boardman School and is the longest surviving brick schoolhouse in the City of Cambridge.

Funds will allow the City to begin a process to transform this historic structure. The design program will include the continuation of an ongoing community process with stakeholders to define and achieve community and City goals for the project. Possible uses include community meeting spaces, spaces for public art, education and exhibitions, as well as a Cambridge history museum and City offices.

The project is anticipated to produce a fully accessible, all-electric, net-zero-ready, climate resilient building with approaches to sustainability that include: energy envelope improvements; solar panels; geothermal well installations; and integrated flood protection strategies. The outdoor space surrounding the building will be designed to accommodate landscaping, public use, and a variety of gathering spaces.

Very truly yours,
Louis A. DePasquale
City Manager

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Agenda Item Number 8     June 27, 2022

ORDERED: That $4,500,000 is appropriated, for the purpose of financing the design and construction of building renovations to the City owned property at 105 Windsor Street.; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $4,500,000 under Chapter 44 of the General Laws or any other enabling authority.

11. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the authorization of a spending limit of $1,650,000 for Fiscal Year 2023, 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.” (CM22#145)
pulled by Zondervan; Order Adopted 9-0

June 27, 2022
To the Honorable, the City Council:

I am writing to request authorization of a spending limit of $1,650,000 for Fiscal Year 2023, 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.

The Aggregation adder is expected to raise approximately $800,000 between now and June 30, 2023 and have an existing balance of approximately $850,000 for a total of $1.65 million.

Very truly yours,
Louis A. DePasquale
City Manager

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Agenda Item Number 11     June 27, 2022

ORDERED: That the City Council authorize the spending limit of $1,650,000 for Fiscal Year 2023, 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.”

12. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request from Boston Properties Limited Partnership (“Boston Properties”) asking to modify two existing open space restrictive covenants on two parks, Broadway Park (also known as South Park) and Binney Park (also known as North Park). Boston Properties has indicated that this request is being made to facilitate the relocation of Eversource’s proposed electrical substation from its property at 135 Fulkerson Street to the so-called “Blue Garage” site within the Mixed-Use Development (MXD) District in Kendall Square owned by affiliates of Boston Properties Limited Partnership (“BPLP”), as contemplated by the zoning amendment ordained by the City Council on February 3, 2021 as Ordinance No. 2020-17 (the “2021 MXD Amendment”) and the further build-out of this site as described below and will include replacement of the open space that will be lost due to this project. [12A Late Order] [12B Late Order] [12C Late Order] (CM22#146)
pulled by Zondervan; 3 (Late) Orders Adopted 9-0; Reconsideration Fails 0-9

June 27, 2022
To the Honorable, the City Council:

The City of Cambridge has received a request from Boston Properties Limited Partnership (“Boston Properties”) asking to modify two existing open space restrictive covenants on two parks, Broadway Park (also known as South Park) and Binney Park (also known as North Park). Boston Properties has indicated that this request is being made to facilitate the relocation of Eversource’s proposed electrical substation from its property at 135 Fulkerson Street to the so-called “Blue Garage” site within the Mixed-Use Development (MXD) District in Kendall Square owned by affiliates of Boston Properties Limited Partnership (“BPLP”), as contemplated by the zoning amendment ordained by the City Council on February 3, 2021 as Ordinance No. 2020-17 (the “2021 MXD Amendment”) and the further build-out of this site as described below and will include replacement of the open space that will be lost due to this project. A copy of Boston Properties’ letter describing their request in more detail is attached hereto for your information and is summarized below.

As is discussed in greater detail in Boston Properties’ letter, the construction of the proposed electrical substation will require the utilization of the two existing open space covenants, resulting in a temporary reduction of 21,785 square feet, from 217,369 total square feet to 195,584 total square feet, of the dedicated public open space created by those covenants, which is part of the open space required in the MXD Zoning District, as set forth in Article 14, Section 14.42 of the Cambridge Zoning Ordinance. Boston Properties proposes that new open space within the MXD District will be provided as an element of the project. The proposed project will completely reconfigure the “Blue Garage”, Broadway Park and Binney Park sites.

The existing “Blue Garage” would be demolished, with the parking to be replaced in an underground facility on the site. A new residential building would be constructed on portions of the Broadway Park site and existing Blue Garage site, and a new commercial building would be constructed on portions of the Binney Park site and the existing garage site. The new open space, which will be protected by a new covenant that will be held in escrow until the completion of the subdivision and commencement of demolish of the Blue Garage, will consist of 28,455 total square feet (approximately 26,602 of usable square feet), which results in a net gain of approximately 4,700 square feet of public open space in the area, as well as an area that is more functional for the public than the existing Broadway and Binney Parks.

In additional consideration of the modification of the existing Covenants and the reduction in open space, Boston Properties, together with the Cambridge Redevelopment Authority (“CRA”), is proposing the following:

1. the extension of the current expiration date for the Open Space Restriction Covenants that comprise Danny Lewin Park, from March 10, 2038 to March 10, 2081;

2. Boston Properties has agreed to finance targeted improvements to be planned by the CRA on Danny Lewin Park, including the removal of existing brick walks and associated landscaping updates in order to enhance the visual permeability and perceived public aspect of this open space;

3. the relocation of the Eversource substation from the Fulkerson Street residential neighborhood to the “Blue Garage” site, including demolishing the existing “Blue Garage”, with the parking to be replaced in an underground facility on the site, as well as construction of a new residential building on portions of the Broadway Park site and existing garage site, and a new commercial building on portions of the Binney Park site and the existing garage site; and

4. The creation of new open space to be constructed on top of the planned new Eversource substation. The current Broadway and Binney Park covenants total 21,785 square feet of public open space in the area. This plan will increase the overall amount of publicly dedicated open space to 28,455 total square feet, resulting in a new open space that is larger in area and more functional for the public than the existing Broadway and Binney Parks.

Request for Diminution of Process Stipulated in Chapter 2.110

Chapter 2.110 of the Cambridge Municipal Code on the disposition of city-owned property allows for a diminution of the full process otherwise required by the ordinance for “disposition of city property that is of such little significance that the [full] process would be unduly burdensome.” I believe that this disposition may properly be subject to Section 2.110.010(G) of the ordinance. Under this section, the City Manager may request of the City Council a diminution of the full process set forth in the ordinance; approval of this request requires a two-thirds vote of the City Council. Given the benefits to the community that will be achieved with the addition of the new open space and the relocation of Eversource’s proposed electrical substation from its property at 135 Fulkerson Street, together with the extension of the of the Danny Lewin Park covenants for an additional forty-three (43) years, I believe that subsection (G) is appropriate for review of this proposal.

Limiting the scope of review for the requested disposition would be consistent with the expressed objective of the procedure required by the Chapter: to render “a fair analysis of how the greatest public benefit can be obtained from the City property in question.” I believe that the information furnished in this letter, together with Boston Properties’ letter and its attachments, is sufficient to enable the City Council to make a determination on this matter. Carrying out a more detailed review would require a significant amount of money and staff time. Since the procedure set forth in the Chapter would be costly and the use of this property is one that is consistent with City Council policy, I believe this to be the type of disposition anticipated by subsection (G) which allows for a simpler process; and I therefore request that you approve a diminution of the full disposition review process.

Request for Approval to Modify Existing Covenants

The Broadway and Binney Park covenants provide that they may be modified by a majority vote of the City Council with the approval of the Grantor. Boston Properties has requested that these proposed modifications to the two existing Covenants and the proposed new open space covenant be presented to the Council for approval. The new open space covenant would be held in escrow until completion of the subdivision and commencement of demolition of the Blue Garage, at which time the new open space covenant will be recorded with the Middlesex Registry of Deeds. For the reasons stated herein, I recommend that the City Council approve the modifications and the new covenant as proposed or in such manner and at such time as I reasonably determine is necessary or advisable.

Request for Disposition under Chapter 2.110

In addition, because the requested modifications to the existing open space covenants will result in a reduction of the open space created by those covenants, these modifications are subject to the provisions of Chapter 2.110 of the Cambridge Municipal Code. Under Chapter 2.110, which governs the disposition of City-owned property, approval of this request requires a two-thirds vote of the City Council. I believe the value and public benefit of the extension of the Danney Lewin Park covenants for an additional forty-three (43) years, and the creation of the new open space covenant consisting of 28,455 total square feet (a net gain of approximately 4,700 square feet of usable public open space in the area) with a duration of fifty (50) years are greater than the value and public benefit of the reduction of existing open space areas that is proposed. For reasons stated herein, I recommend such approval at this time.

This recommendation provides for an expansion of the open space in Cambridge, while also addressing our constituents’ concerns regarding the location of the Eversource’s proposed electrical substation.

Very truly yours,
Louis A. DePasquale
City Manager

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Agenda Item Number 12A     June 27, 2022
Pursuant to Section 2.110.010(g) of the Cambridge Municipal Code, the City Council hereby orders that the City Council shall utilize a diminished process for 1) the approval of modifications to two Open Space Restriction Covenants that relate to Danny Lewin Park, which park is comprised of two parcels of land shown as “Tract IVA” and “Tract IVB” on a plan entitled “Master Easement Plan, Tract IV A & Tract IVB of Parcel 3, Cambridge, MA”, sheets E-1 through E-2, prepared by Allen & Major Associates, Inc. and dated January 9, 1998 (the “Easement Plan”), which Easement Plan is recorded with the Registry as Plan No. 263 of 1998 in Book 28297, Page 277, and 2) the approval to terminate the “Open Space Restriction Covenant North Park” (also known as Binney Park) and the “Open Space Restriction Covenant South Park” (also known as Broadway Park).

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Agenda Item Number 12B     June 27, 2022
WHEREAS: Boston Properties Limited Partnership (“Boston Properties”) has requested the approval of modifications to two Open Space Restriction Covenants that relate to Danny Lewin Park in Cambridge, Massachusetts (the “Covenants”), which park is comprised of two parcels of land shown as “Tract IVA” and “Tract IVB” on a plan entitled “Master Easement Plan, Tract IVA & Tract IVB of Parcel 3, Cambridge, MA”, sheets E-1 through E-2, prepared by Allen & Major Associates, Inc. and dated January 9, 1998 (the “Easement Plan”), which Easement Plan is recorded with the Registry as Plan No. 263 of 1998 in Book 28297, Page 277; and
WHEREAS: Contained within Tract IVA is a parcel of land containing 4,955 square feet, more or less, which is shown as the “Tract IVA Public Open Space Easement Area” on sheet E-2 of the Easement Plan; and
WHEREAS: Contained within Tract IVB is a parcel of land containing 4,807 square feet, more or less, which is shown as the “Tract IVB Public Open Space Easement Area” on sheet E-2 of the Easement Plan; and
WHEREAS: The approved modifications to the two Covenants will extend the duration of both Covenants by forty-three (43) years. The current expiration date is March 10, 2038, and the modifications would extend the Covenants until March 10, 2081. The purpose of the modifications to extend the duration of the Covenants is to increase availability of the public open space in these areas as an element of the overall proposal to facilitate the relocation of Eversource’s proposed electrical substation from its current location at 135 Fulkerson Street to the so-called “Blue Garage” site within the Mixed Use Development (MXD) District in Kendall Square owned by affiliates of Boston Properties, and includes the creation of new open space which will consist of 28,455 total square that is larger in area and more functional for public use than the existing Open Space Restriction Covenants at North Park (also known as Binney Park) and South Park (also known as Broadway Park); and
WHEREAS: The City Council has determined that the approval of the modifications to the Covenants for the purpose of extending the duration of the Covenants by forty-three years to March 10, 2081, would not derogate from the public interest or the public purposes for the areas now in question; now therefore be it
ORDERED: That the City Council, pursuant to Section 2.110.010 of the Cambridge Municipal Code, hereby authorizes the City Manager to approve, on behalf of the City of Cambridge, the modifications to the Covenants for the purpose of extending the duration of the Covenants by forty-three years to March 10, 2081, and to execute and deliver such modifications to the Covenants or other documents as necessary in such form and substance as the City Manager determines is necessary or advisable, subject to Boston Properties’ fulfillment of the commitments set forth in Boston Properties’ June 23, 2022 Letter to the City Manager, and subject to the requirement that Boston Properties enter into an escrow agreement with the City of Cambridge, to the satisfaction of the City Manager, to address the commitments made in Boston Properties’ June 23, 2022 Letter to the City Manager, in such form and substance as the City Manager determines is necessary or advisable.

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Agenda Item Number 12C     June 27, 2022
WHEREAS: Boston Properties Limited Partnership (“Boston Properties”) has requested approval to terminate the “Open Space Restriction Covenant South Park” (also known as Broadway Park), which relates to a parcel of land in Cambridge, Massachusetts, containing 13,970 square feet, more or less, as shown as the “Open Space Easement” on sheet 11 of “Master Easement Plan in Cambridge, MA, prepared for Boston Properties”, Sheets 1 through 12, prepared by Allen Demurjian Major & Nitsch and dated November 7, 1988 and finally revised April 5, 1989 (the “Easement Plan”), which is recorded as Easement Plan No. 253 of 1990 in Book 20443, Page 1; and
WHEREAS: Boston Properties has also requested approval to terminate the “Open Space Restriction Covenant North Park” (also known as Binney Park) (the two covenants collectively referred to herein as the “Open Space Covenants”), which relates to a parcel of land in Cambridge, Massachusetts, containing 7,815 square feet, more or less, which is shown as the “Open Space Easement” on sheet 11 of the “Master Easement Plan in Cambridge, MA, prepared for Boston Properties”, Sheets 1 through 12, prepared by Allen Demurjian Major & Nitsch and dated November 7, 1988 and finally revised April 5, 1989 (the “Easement Plan”), which is recorded as Easement Plan No. 253 of 1990 in Book 20443, Page 1; and
WHEREAS: The approved terminations of the Broadway Park Covenant and the Binney Park Covenant will help facilitate the relocation of Eversource’s proposed electrical substation from its current location at 135 Fulkerson Street to the so-called “Blue Garage” site within the Mixed-Use Development (MXD) District in Kendall Square owned by affiliates of Boston Properties, as contemplated by the zoning amendment ordained by the City Council on February 3, 2021 as Ordinance No. 2020-17 (the “2021 MXD Amendment”) and will include replacement of the open space that will be temporarily lost due to Boston Properties’ proposal to relocate the Eversource substation currently located at 135 Fulkerson Street (the “project”); and
WHEREAS: The construction of the proposed electrical substation will require the utilization of the areas where Broadway Park and Binney Park are currently located, resulting in a temporary reduction of 21,785 square feet, from 217,369 total square feet to 195,584 total square feet of the dedicated public open space created by the two parks, which are the subject of the Open Space Covenants, and which are part of the required open space in the MXD Zoning District, as set forth in Article 14, Section 14.42 of the Cambridge Zoning Ordinance. Boston Properties proposes that new open space within the MXD District will be provided as an element of the project. The project will completely reconfigure the “Blue Garage”, Broadway Park and Binney Park sites. The existing “Blue Garage” will be demolished, with the parking to be replaced in an underground facility on the site. A new residential building will be constructed on portions of the Broadway Park site and existing Blue Garage site, and a new commercial building will be constructed on portions of the Binney Park site and the existing garage site; and
WHEREAS: The proposed new open space, which will be protected by a new covenant that will be held in escrow until the completion of the subdivision and commencement of demolition of the Blue Garage, will consist of 28,455 total square feet (approximately 26,602 of usable square feet), which will result in a net gain of approximately 4,700 square feet of public open space in the area, which will also constitute an area that is more functional for public use than the existing Broadway and Binney Parks; and
WHEREAS: Boston Properties has agreed to enter into an escrow agreement with the City of Cambridge, to the satisfaction of the City Manager to address the commitments made in Boston Properties’ June 23, 2022 Letter to the City Manager, in such form and substance as the City Manager determines is necessary or advisable; and
WHEREAS: The City Council has determined that the approval of the termination of the Binney Park and Broadway Park Covenants will not derogate from the public interest or the public purposes for the areas now in question; now therefore be it
ORDERED: That the City Council, pursuant to Section 2.110.010 of the Cambridge Municipal Code, hereby authorizes the City Manager to approve, on behalf of the City of Cambridge, the termination to the Binney Park and Broadway Park Covenants for the purpose of helping to facilitate the relocation of Eversource’s proposed electrical substation from its current location at 135 Fulkerson Street to the so-called “Blue Garage” site within the Mixed-Use Development (MXD) District in Kendall Square that is owned by affiliates of Boston Properties, as contemplated by the zoning amendment ordained by the City Council on February 3, 2021 as Ordinance No. 2020-17 (the “2021 MXD Amendment”), and for the purpose of creating a new open space covenant to replace the open space that will be temporarily lost due to the Project, which will be held in escrow until the completion of the subdivision and commencement of demolition of the Blue Garage, and which will consist of 28,455 total square feet (approximately 26,602 of usable square feet), and will result in a net gain of approximately 4,700 square feet of public open space in the area, as well as an area that is more functional for public use than the existing Broadway and Binney Parks, subject to Boston Properties’ fulfillment of the commitments set forth in Boston Properties’ June 23, 2022 Letter to the City Manager, and subject to the requirement that Boston Properties enter into an escrow agreement with the City of Cambridge, to the satisfaction of the City Manager, to address the commitments made in Boston Properties’ June 23, 2022 Letter to the City Manager, in such form and substance as the City Manager determines is necessary or advisable.

8. Congratulations to Louis A. DePasquale on his retirement from his position as City Manager for the City of Cambridge.   Councillor Toner, Councillor Simmons
pulled by Toner; Resolution Adopted 9-0

R-8     June 27, 2022
COUNCILLOR TONER
COUNCILLOR SIMMONS

WHEREAS: Louis A. DePasquale is retiring as City Manager following 47 years of service to the City of Cambridge; and

WHEREAS: Louis A. DePasquale is a lifelong Cantabrigian who was educated in the Cambridge public schools and graduated from Matignon School, and earned his master’s degree in Public Administration from Northeastern University; and

WHEREAS: Louis A. DePasquale began his career with the City in 1975 when he started as an analyst in the Treasurer’s Office which led to the positions of Assistant Budget Analyst in 1977, Budget Analyst in 1978, and Senior Budget Analyst in 1980; and

WHEREAS: Louis A. DePasquale continued to excel and gain experience within the municipal government, becoming the City’s Budget Director in 1982, the Assistant City Manager for Fiscal Affairs in 2002, and finally, the City Manager in 2016; and

WHEREAS: During his decades of work in the City, Louis A. DePasquale played a critical leadership role in helping transform Cambridge into a world-class city by focusing on strong fiscal management that has provided the resources needed to create bold initiatives focused on affordable housing, economic development, sustainability efforts, and strengthening the City’s ongoing commitment to the cultural and economic diversity in the community; and

WHEREAS: Louis A. DePasquale as City Manager introduced property taxes as a funding source for affordable housing, with over $40 million in property tax revenue budgeted since FY20 to support the Affordable Housing Trust, significantly increasing City funding to address the affordable housing crisis.; and

WHEREAS: Including FY23, the City Manager has recommended over $131 million since FY19 to the Affordable Housing Trust to create and preserve affordable housing in Cambridge, as well as $15 million specifically to help preserve the affordability of over 500 units of housing at Fresh Pond Apartments; and

WHEREAS: During his time as Assistant City Manager and City Manager, Louis A. DePasquale has demonstrated a strong commitment to delivering high quality customer service and responsiveness to residents, neighborhoods and businesses, expanded public safety capabilities, including creating a Community Safety Department, maintained the City’s three AAA bond ratings, and invested in long-term infrastructure projects like sewer and storm water management, street and sidewalk improvements, open space renovations, public safety facilities and construction of Cambridge’s new public school complexes; and

WHEREAS: In 2017, the Louis A. DePasquale launched a bold new leadership development initiative called the Cambridge Anti-Racism, Equity and Inclusion initiative to support the City in building an environment that reflects the values of anti-racism, equity, and inclusion; and

WHEREAS: Louis A. DePasquale has demonstrated his commitment to high quality open spaces in the City through the purchase of approximately 4 acres of open space from the Buckingham Browne and Nichols School, renovation of Glacken Field, opening of a new Timothy J. Toomey, Jr. Park, and creating a new, first of its kind in Cambridge, exclusively Universal Design Playground that takes into account accessibility, mobility, as well as sensory, cognitive, and emotional barriers that users may have; and

WHEREAS: In response to the COVID-19 pandemic, Louis A. DePasquale working with the Public Health Department, Police Department, Public Works Department, Department of Human Service Programs to quickly plan, build and open a temporary emergency homeless shelter and quarantine facility at the War Memorial facility. The shelter has since evolved into a new transition wellness center for unhoused residents now located at the Spaulding Rehabilitation Center; and

WHEREAS: Since the start of the pandemic, over $35 million in City and community direct financial support to individuals, families, small businesses and non-profits has been distributed under his leadership; and

WHEREAS: Louis A. DePasquale has funded the implementation of Police and Fire cadet programs intended to provide opportunities for Cambridge residents aged 18-23 interested in careers in the Police Department or the Fire Department; and

WHEREAS: Louis A. DePasquale expanded investment in services and initiatives for our residents, including increased school funding; expanded early education and human service programs; and funding and services to support our unhoused community; and

WHEREAS: Louis A. DePasquale has also been a key figure in region-wide collaboration through the Metro Mayors Coalition, especially working to help ensure the coordinated response and information sharing among communities during the COVID-19 pandemic; and

WHEREAS: Louis A. DePasquale’s retirement will allow him to spend more time with his devoted wife, Cheryl (McCarthy) DePasquale and their two children, Louis and Kristen DePasquale; now therefore be it

RESOLVED: That the City Council go on record thanking City Manager Louis A. DePasquale for his 47 years of service to the City of Cambridge, for thanking him for his wisdom, compassion, and guidance through some of this city’s most transformative years, including the COVID-19 pandemic, and in wishing him a truly happy and joyful retirement; and be it further

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

11. Congratulations to James P. Maloney on the occasion of his retirement from the position of Chief Operating Officer of the Cambridge Public Schools.   Councillor Toner, Councillor Simmons, Councillor Azeem, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Nolan, Councillor Zondervan, Mayor Siddiqui
pulled by Toner; Resolution Adopted as Amended 9-0

R-11     June 27, 2022
COUNCILLOR TONER
COUNCILLOR SIMMONS
COUNCILLOR AZEEM
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI

WHEREAS: James P. Maloney is retiring as Chief Operating Officer following 48 years of service to the City of Cambridge and Cambridge Public Schools (CPS); and

WHEREAS: James P. Maloney is a lifelong Cantabrigian who was educated in the Cambridge public schools, and earned his master’s degree in Public Administration from Northeastern University; and

WHEREAS: James P. Maloney began his career with the City in 1974 when he started as a Junior Budget Analyst in the Finance Department which led to the positions of Administration Analyst in 1976, Budget Analyst in 1978, and Chief Budget Analyst in 1979; and

WHEREAS: James P. Maloney continued to excel and gain experience within the municipal government, becoming an Assistant City Manager for Fiscal Affairs in 1982, and finally, the Chief Operating Officer (COO) for the Cambridge Public Schools in 2002; and

WHEREAS: As the COO, James P. Maloney is responsible for providing leadership, strategic direction and vision for the non-academic and operational areas of the Cambridge Public Schools, including information systems and technology, facility planning and management, student support services including safety and security transportation, food and nutrition, and student registration; and

WHEREAS: James P. Maloney brought a wealth of experience from his many years working in municipal government and his deep knowledge of Cambridge to this role, all of which has greatly benefited the students and families of the Cambridge Public Schools; and

WHEREAS: James P. Maloney is a member of the Superintendent’s Executive Leadership team and plays a key role in strategic planning, analysis, decision making, and policy development and implementation; and

WHEREAS: During his time as the COO, James P. Maloney provided strategic leadership for major school district restructurings, including the implementation of the Innovation Agenda in 2012, strengthened and improved the function of all the operational areas and led the planning for three new CPS schools, each of which house an elementary and upper school; and

WHEREAS: Most recently, James P. Maloney’s tireless efforts during the COVID-19 pandemic, including the development and implementation of health and safety protocols, enabled the Cambridge Public Schools to successfully reopen schools in the fall of 2020; and

WHEREAS: James P. Maloney’s retirement will allow him to spend more time with his devoted wife, Anne and their two children, Jack and Kate Maloney; now therefore be it

RESOLVED: That the City Council go on record thanking Chief Operating Officer James P. Maloney for his 48 years of service to the City of Cambridge and the Cambridge Public Schools, for his wisdom, vision, and guidance through some of this school’s most transformative years, including the COVID-19 pandemic, and in wishing him a truly happy and joyful retirement; and be it further

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

14. Congratulations to Arthur Goldberg on his retirement from the position of Deputy City Solicitor for the City of Cambridge.   Councillor Toner, Councillor Azeem, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Nolan, Councillor Simmons, Councillor Zondervan, Mayor Siddiqui
pulled by Mallon; Resolution Adopted as Amended 9-0

R-14     June 27, 2022
COUNCILLOR TONER
COUNCILLOR AZEEM
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI

WHEREAS: Attorney Arthur Goldberg began his decades-long career with the City in 1992 as Legal Counsel in the Cambridge Law Department; and

WHEREAS: Arthur subsequently served as an Assistant City Solicitor, then as the First Assistant City Solicitor, and finally as the Deputy City Solicitor in the Cambridge Law Department from 01/08/2013 to his retirement; and

WHEREAS: Throughout his many years as a member of the Cambridge Law Department, Arthur provided sage legal advice to three City Solicitors, three City Managers, countless City Councilors and Department Heads, and members of the City’s many boards and commissions; and

WHEREAS: As First Assistant City Solicitor and Deputy City Solicitor, Arthur served as a valued mentor and role model for the Assistant City Solicitors in the Law Department and as a valued member of the management team in the Law Department; and

WHEREAS: Throughout his many years as a member of the Law Department, Arthur handled all manner of litigation and non-litigation matters in the Law Departments’ broad municipal practice, including successfully representing the City of Cambridge in a wide variety of administrative and court proceedings in state and federal courts; and

WHEREAS: Some of Arthur’s notable accomplishments included his time spent on the development, creation and sustaining of the City’s blue bike system, handling large construction cases and other complex cases for the City, providing advice and training for many City employees and board members on the Open Meeting Law, Public Records Law, Conflict of Interest and ethics laws, and so much more; and

WHEREAS: In addition to his full-time duties as an attorney in the Law Department, Arthur served as Acting Chair of the Cambridge License Commission from 8/12/2015 to 1/10/2016; and

WHEREAS: In acknowledgement of his significant contributions as a long-time employee of the City of Cambridge, Arthur was a recipient of a Cambridge Employee of the Year Award in 2007; now therefore be it

RESOLVED: That the Cambridge City Council thanks Attorney Arthur Goldberg for his long-term service and many invaluable contributions to the City of Cambridge and its citizens, and wishes him well on his retirement; and be it further

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

15. Congratulations to James Monagle on his retirement from the position of City Auditor for the City of Cambridge.   Councillor Toner, Councillor Azeem, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Nolan, Councillor Simmons, Councillor Zondervan, Mayor Siddiqui
pulled by Mallon; Resolution Adopted as Amended 9-0

R-15     June 27, 2022
COUNCILLOR TONER
COUNCILLOR AZEEM
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI

RESOLVED: That the Cambridge City Council thank James Monagle for his 26 years of dedicated service and invaluable contributions to the City of Cambridge and wish him well on his retirement; and be it further

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

TEXT OF ORDERS
O-1     June 27, 2022  Amended
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR TONER
COUNCILLOR AZEEM
MAYOR SIDDIQUI
COUNCILLOR CARLONE
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN
WHEREAS: The City has many recreational fields that are used for a wide range of activities, and the conditions of these fields vary across the city; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Parks Department and Department of Public Works to compile a report on City fields outlining what the field is currently used for, and available amenities at the fields such as: lighting, dugouts, batting cages, benches, etc.; and be it further
ORDERED: That the City Manager be and hereby is requested to report back by the August 1, 2022 summer City Council meeting.

O-2     June 27, 2022  Amended; Charter Right - Simmons
COUNCILLOR CARLONE
COUNCILLOR AZEEM
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
WHEREAS: The design principle behind the engineering of urban roads has changed significantly over the last 70 years; and
WHEREAS: Initially focusing (since the mid-1950’s) on promoting a maximum of vehicles moving through the city at relatively high speeds and minimally interrupting this flow with pedestrian crossings, stop signs, and traffic lights at key intersections; and
WHEREAS: After repeated requests, the state finally allowed Cambridge to lower speed limits to 25 miles per hour on main connector streets and 20 miles per hour on neighborhood streets; and
WHEREAS: Although most drivers generally follow these speed limits, approximately 15% or one out of 7 vehicles (cars, vans, and trucks) travel significantly faster on our by-ways - raising the likelihood of accidents and serious injuries to others using the public way; and
WHEREAS: Cambridge has begun redesigning and reconstructing its road network to promote greater safety and lowering vehicle speed on major connecting streets including the award-winning Western Avenue Project; and
WHEREAS: Over recent years a growing number of residents have complained of the increasing number of speeding cars and trucks on their residential streets including but not limited to Cardinal Medeiros Avenue, and portions of Concord Avenue, Garden Street, Linnaean Street, Sherman Street, Third Street, and Washington Avenue; and
WHEREAS: The $800,000,000 city budget for 2023 has continued to include very limited funds to increase safety on these residential streets as follows: Traffic Calming $250,000, Traffic Signals $350,000, and Vision Zero $300,000; and
WHEREAS: In late 2021, Cambridge was reimbursed $5,000,000 by the MBTA for the construction of the Lechmere Green Line Train Station; now therefore be it
ORDERED: That the City Manager, along with his staff, be and hereby is requested to more fully review the dramatically growing need for expanded Traffic Calming, Traffic Signals and Vision Zero infrastructure through the city; and be it further
ORDERED: That the above $5,000,000 refund be redirected toward those residential streets that require Traffic Calming, Traffic Signals and Vision Zero improvements as soon as possible.

O-3     June 27, 2022  Amended
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
COUNCILLOR AZEEM
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR NOLAN
MAYOR SIDDIQUI
WHEREAS: The ongoing, COVID 19 pandemic has greatly exacerbated and increased the challenges faced by those struggling with Substance Use Disorder; and
WHEREAS: The continuing contamination of nearly all substances available on our streets with fentanyl has significantly increased the risks and lethality faced by those seeking to cope with their chaotic drug use; and
WHEREAS: The Massachusetts Department of Public Health released, earlier this month, demoralizing statistics indicating that overdose deaths in Massachusetts increased by 9% during 2021; and
WHEREAS: Among medical, public health and harm reduction experts-world wide-with near unanimity, agree that Safe Consumption Service (SCS) are a proven and effective tool for assisting those struggling with chaotic drug use; and
WHEREAS: State Representatives Marjorie Decker and Dylan Fernandes have introduced H. 2088; An Act Relative to Preventing Overdose Deaths And Increasing Access to Treatment, in the Massachusetts House of Representatives; and
WHEREAS: H. 2088 has been favorably reported out by the Joint Committee on Mental Health, Substance Use and Recovery; and
WHEREAS: The services and support proposed in H. 2088 would provide those dealing with chaotic drug use with a means to avoid overdose death and injection related infections; and
WHEREAS: The services proposed in H. 2088 have been shown to also significantly increase participation in treatment and other forms of self-care by those availing themselves of them; and
WHEREAS: The Cambridge City Council has consistently sought to support and promote the safety and health of all citizens and residents of our community, including those with chaotic substance use; now therefore be it
ORDERED: That the Cambridge City Council go on record in support of H.2088 and in commendation of the efforts of Representatives Decker and Fernandes; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitable engrossed 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-4     June 27, 2022
COUNCILLOR MCGOVERN
COUNCILLOR AZEEM
WHEREAS: Mid-Cambridge and the Harrington-Wellington neighborhoods are densely populated and have limited open space; and
WHEREAS: This lack of open space has only been made more difficult with the ongoing renovations of Sennott Park; and
WHEREAS: This lack of open space has resulted in limited space for dog owners to have off-leash areas for their dogs and these neighborhoods lack fenced in dog parks; and
WHEREAS: This lack of open space has resulted in residents using parks for their dogs that is not allowed, causing issues with the Animal Commission; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with all relative City departments and the residents surrounding Paine Park on St. Mary’s Street, to allow off leash dog hours from 7 to 9am in the park; and be it further
ORDERED: That the City Manager be and hereby is requested to work with all relative City departments and the Mid-Cambridge/Harrington-Wellington neighborhoods on identifying other off-leash opportunities and potential fenced in dog parks.

O-5     June 27, 2022  Amended
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR CARLONE
VICE MAYOR MALLON
WHEREAS: During the COVID-19 pandemic, the benefits of new ways to approach public spaces are evident, including enhancing outdoor spaces by creating on-street patios and closing certain streets to vehicular traffic for community enjoyment; and
WHEREAS: Cities often benefit from the pedestrianization of highly trafficked areas, including an increase in safety and an open space for restaurant seating, retail, and residents; and
WHEREAS: In the fall of 2019, the Council unanimously passed an order asking for the city to consider selecting streets in Harvard Square for closure to vehicle traffic on a select number of days in the summer of 2020; and
WHEREAS: In the fall of 2020, the Council passed an order asking that the City consult with stakeholders and implement a pilot program to close some streets on weekends and possibly weeknights in Harvard Square, as well as establish a stakeholder committee to study traffic impacts; and
WHEREAS: At a Neighborhood and Long-Term Planning, Public Facilities, Arts & Celebrations Committee meeting in November of 2020, there was discussion about a desire for implementation of a pilot program and increased pedestrianization of Harvard Square to move forward, and the steps taken to enliven Harvard Square include a Sunday market on Church Street which are positive developments that do not go far enough; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department, the Harvard Square Business Association, the Office of Tourism, and the Harvard Square Advisory Committee, and other area stakeholders on a plan for piloting more closures and developing a long-term vision as quickly as possible; 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 summer meeting.

O-6     June 27, 2022  Amended
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR SIMMONS
COUNCILLOR NOLAN
COUNCILLOR AZEEM
COUNCILLOR CARLONE
COUNCILLOR MCGOVERN
COUNCILLOR TONER
COUNCILLOR ZONDERVAN
WHEREAS: An individual’s freedom to make reproductive decisions is vital to their safety, well-being, economic opportunity, and ability to participate equally in society; and
WHEREAS: The landscape of reproductive freedom in the United States has dangerously shifted with the Supreme Court decision to overturn Roe v. Wade; and
WHEREAS: The rights established in Roe v. Wade had been relied upon in this country for nearly 50 years with nearly 7 in 10 Americans agreeing with the decision that established a woman’s right to an abortion; and
WHEREAS: The ultraconservative majority on the Supreme Court has now helped to advance the agenda to end access to safe abortion, which will disproportionately impact People of Color and those struggling to make ends meet; and
WHEREAS: Governor Charlie Baker issued an executive order that prohibits Massachusetts government officials from cooperating in the investigation or prosecution of women, their supporters, or their health care providers related to reproductive health care; and
WHEREAS: The executive order states:

No Assistance from Executive Department Agencies. Except as required by the order of a court of competent jurisdiction, no executive department agency and no employee, appointee, officer, or other person acting on behalf of any executive department agency may provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding initiated in or by another State that seeks to impose civil or criminal liability or professional sanction upon a person or entity for

1. the provision, securing, or receiving of, or any inquiry concerning reproductive health care services that are legal in this Commonwealth; or

2. any assistance given to any person or entity that relates to the provision, securing, receiving of, or any inquiry concerning reproductive health care services that are legal in this Commonwealth; and

WHEREAS: The City of Cambridge should similarly provide immediate protections for its residents and anyone working in the city; now therefore be it
ORDERED: That the City Manager immediately issue the necessary policy directive to City staff and contractors implementing similar restrictions; and be it further
ORDERED: That the City Manager direct the Law Department, or hire an outside attorney if necessary, to immediately draft a City Ordinance that codifies those restrictions into law; and be it further
RESOLVED: That the Cambridge City Council go on record stating its enduring commitment to the protection of abortion rights, reproductive health care rights, and individuals’ rights to make reproductive decisions about their own bodies; and be it further
RESOLVED: That the Cambridge City Council declare its support for the Executive Order signed by Governor Charlie Baker on June 24th, 2022.

O-7     June 27, 2022  Amended
COUNCILLOR ZONDERVAN
VICE MAYOR MALLON
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
WHEREAS: It has come to the attention of the City Council that Somerville recently banned limited services pregnancy centers that present themselves as providing pregnancy related services but instead seek to persuade people against having an abortion; and
WHEREAS: Cambridge should join Somerville in ensuring that any such establishment operating within city limits with a primary purpose of providing services to clients who are or have reason to believe they may be pregnant, including mobile facilities, must either directly provide or provide referrals for abortions or emergency contraception; and
WHEREAS: While there do not seem to be any limited services pregnancy centers operating in Cambridge, several exist regionally including (but not limited to) Downtown Boston, Brighton, Brookline, Brockton, Lawrence, Quincy, Revere, and Natick; now therefore be it
ORDERED: That the City Solicitor review the attached language; and
ORDERED: That Chapter 5 of the Municipal Code be amended by inserting the following section:

5.60 - Limited Services Pregnancy Centers

Finding of Facts

So called “Crisis Pregnancy Centers,” which often present themselves as providing services to pregnant people, instead seek to persuade people against having an abortion. This practice is both deceptive and unwanted, and the City Council finds it necessary to prohibit such activities from being permitted in the City of Cambridge.

5.60.10 - Definitions

The following definitions shall apply to this article:

Abortion means the termination of a pregnancy for purposes other than producing a live birth. “Abortion” includes, but is not limited to, a termination of a pregnancy using pharmacological agents.

Client means an individual who is inquiring about or seeking services at a pregnancy services center.

Clinical laboratory services means the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, prevention or treatment of disease or the assessment of a health condition.

Emergency contraception means one or more prescription drugs: a) used separately or in combination for the purpose of preventing pregnancy; b) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse; c) dispensed for such purpose in accordance with professional standards of practice; and, d) determined by the United States Food and Drug Administration to be safe for such purpose.

Health information means any oral or written information in any form or medium that relates to health insurance or the past, present or future physical or mental health or condition of a client. Licensed health care provider means a person licensed under the provisions of federal or state law to provide health care or other medical services.

Limited services pregnancy center means a pregnancy services center that does not directly provide, or provide referrals for, abortions or emergency contraception.

Pregnancy-related service means any medical or health counseling service related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram and prenatal care. Pregnancy services center means a facility, including a mobile facility, the primary purpose of which is to provide services to clients who are or have reason to believe they may be pregnant and that either: a) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis or prenatal care to pregnant clients, or; b) has the appearance of a medical facility by virtue of having two or more of the following factors present: (i) Staff or volunteers who wear medical attire and uniforms; (ii) one or more examination tables; (iii) a private or semiprivate room or area containing medical supplies or medical instruments; (iv) staff or volunteers who collect health information from clients; or (v) the facility is located on the same premises as a licensed health care facility or licensed health care provider or shares facility space with a licensed health care provider.

Prenatal care means services consisting of a physical examination, pelvic examination or clinical laboratory services provided to a client during pregnancy.

5.60.20 - Prohibition

The City Manager shall not issue any permits or licenses for Limited Services Pregnancy Centers that seek to prevent abortions.

5.60.30 - Deceptive practices.

No limited services pregnancy center, with the intent to perform a pregnancy-related service, shall make or disseminate before the public, or cause to be made or disseminated before the public, in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the Internet, any statement concerning any pregnancyrelated service or the provision of any pregnancy-related service that is deceptive, whether by statement or omission, and that a limited services pregnancy center knows or reasonably should know to be deceptive .

5.60.040 - Enforcement.

The provisions of this article shall be enforced by a noncriminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21 D. Each failure to comply with the requirements set forth in this Ordinance shall be deemed a separate offense.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Transportation and Public Utilities Committee met to conduct a public hearing on Ordinance #2022-8, an ordinance amending Parking minimums and maximums.

Date: Tues, Apr 5, 2022, 12:00pm, Sullivan Chamber
Present: Azeem, McGovern, Nolan, Zondervan
Absent: Toner

That the City Manager be and hereby is requested to direct staff from the Community Development and Law Departments to examine the Zoning Ordinance and provide amendment language for consideration by the City Council to remove all other references to parking minimums, including in Articles 13.000, 14.000, 15.000, 16.000, 17.000, and 20.000 (Ordinance #2022-8). [Charter Right – Simmons, Feb 7, 2022]

A communication was received from Assistant City Manager, Community Development, Iram Farooq, AICP, LEED-AP, transmitting a presentation for the Apr 5, 2022 meeting.

A communication was received from Councillor Burhan Azeem, transmitting a presentation for the Apr 5, 2022 regarding Parking Minimums.

O-9     Feb 7, 2022
COUNCILLOR AZEEM
COUNCILLOR ZONDERVAN
COUNCILLOR MCGOVERN
WHEREAS: Some residents in Cambridge drive and benefit from off-street parking spaces. Not every resident, however, drives a car, and so the City should not require, but still allow, homes to have off-street parking spaces; and
WHEREAS: Parking minimums can force homeowners and residential & commercial developers to accommodate space for more parking than they deem necessary, leading to higher project costs and a decrease in the number of units or amount of open space; and
WHEREAS: The city should review its maximum parking requirement periodically to ensure they meet our transportation and environmental goals; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct staff from the Community Development and Law Departments to examine the Zoning Ordinance and provide amendment language for consideration by the City Council to remove all other references to parking minimums, including in Articles 13.000, 14.000, 15.000, 16.000, 17.000, and 20.000; and further be it
ORDERED: That the City Manager be and hereby is requested to direct staff from the Community Development and Law Departments to examine the Zoning Ordinance and provide amendment language for commercial parking maximums.