2. A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommendation of the Cambridge Historical Commission to approve the final Landmark Designation Report for the Alberta V. Scott House at 28 Union Street.
Placed on File; Order Adopted 9-0

Aug 2, 2021
To the Honorable, the City Council:

I am transmitting a recommendation of the Cambridge Historical Commission to approve the final Landmark Designation Report for the Alberta V. Scott House at 28 Union Street.

Very truly yours,
Louis A. DePasquale
City Manager

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CAMBRIDGE HISTORICAL COMMISSION
Date: June 30, 2021
To: Louis A. DePasquale, City Manager
From: Charles M. Sullivan, Executive Director
Re: Alberta V. Scott House (28 Union Street) landmark designation report and CHC recommendation

Attached please find the Final Landmark Designation Report for the Alberta V. Scott House at 28 Union Street in Cambridgeport. On May 6, 2021, the Cambridge Historical Commission voted unanimously to approve the designation report and recommendations, finding that the property meets the criteria in the ordinance for landmark designation and requested that the report be forwarded to the City Council with a positive recommendation for designation.

A Cambridge Latin School graduate, Alberta Scott became the first Black graduate of Radcliffe College in 1898. She went on to a teaching career at the Tuskegee Institute, but her career and life were cut short by an illness and her early death.

She died here in Cambridge in 1902.

Please let me know if you have any questions.

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Agenda Item Number 2     Aug 2, 2021

ORDERED: That the Alberta Scott House at 28 Union Street, Cambridge be designated as a protected local landmark pursuant to Chapter 2.78, Article III, Section 2.78.180 of the Code of the City of Cambridge, as recommended by vote of the Cambridge Historical Commission on May 6, 2021. The premises so designated is the land defined as parcel 61 of assessor’s map 79 and the structures thereon and the premises described in a deed recorded in book 76401, page 174 of the South Middlesex Registry of Deeds; and be it further

ORDERED: This designation is justified by the property’s important historical associations with Alberta V. Scott (1875-1902) who became the first Black graduate of Radcliffe College during her residence in the home. The house, built in 1866, exhibits the broad architectural and economic history of the Cambridgeport neighborhood as an example of residential construction during the early industrialization period of the area’s development. It is also significant for its important associations with the Woods, Scott, and Payne families during the post-Civil War period when the Black population of Cambridge was increasing rapidly; and be it further

ORDERED: The effect of this designation shall be that review by the Cambridge Historical Commission and the issuance of a Certificate of Appropriateness, Hardship or Non-Applicability shall be required before any construction activity can take place within the designated premises or any action can be taken affecting the appearance of the premises, that would in either case be visible from a public way. In making determinations, the Commission shall be guided by the terms of the Final Landmark Designation Report, dated June 30, 2021, with respect to the designated premises, by Section VII, Standards and Criteria of said report, and by the applicable sections of Chapter 2.78, Article III, of the Cambridge Municipal Code.

2. City Council endorsement of the Agassiz Neighborhood name being changed to the Baldwin Neighborhood in honor of Maria L. Baldwin. [Charter Right exercised by Councillor Nolan in Council June 28, 2021]
Order Adopted 9-0

O-4     June 28, 2021  Charter Right - Nolan
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
WHEREAS: Over the course of the past 16 months, residents living in the Agassiz Neighborhood have been in discussions with one another to determine whether there is a desire to change the neighborhood’s name; and
WHEREAS: This process was initially brought to the City Council’s attention in February 2020, at which time the City Council voted in favor of endorsing the neighborhood residents’ discussions around this potential name change, and in asking the City to assist with furthering these discussions; and
WHEREAS: This process was most recently detailed in a communication the City Council received on June 21, 2021 from the Agassiz Neighborhood Council; and
WHEREAS: The members of the Agassiz Neighborhood Council reported that, while there were some dissenting opinions, the clear majority of the neighborhood’s residents do wish for their neighborhood to be renamed and referred to from this point forward as the Baldwin Neighborhood; now therefore be it
RESOLVED: That the City Council go on record endorsing the Agassiz Neighborhood name being changed to the Baldwin Neighborhood in honor of Maria L. Baldwin.

4. That the City Manager is requested to direct the appropriate City staff to determine the feasibility of establishing a pilot reparations program that would take a to-be-determined percentage of revenue from local cannabis sales and distribute these monies to local Black-owned businesses and to economic empowerment applicants. [Charter Right exercised by Councillor Zondervan in Council June 21, 2021; Placed On The Table in Council June 28, 2021]

O-1     June 21, 2021  Charter Right (June 21) - Zondervan; Tabled (June 28)
COUNCILLOR SIMMONS
COUNCILLOR NOLAN
WHEREAS: For generations, cities across the country have grappled with how to adequately redress the historic injustices carried out against people of color throughout our country’s history, and the negative impacts that continue to ripple across our society due to the harmful, shameful institution of slavery; and
WHEREAS: Our country’s original sin was set in motion in 1619 when the first individuals were forcibly taken from Africa and forced into slave labor in Point Comfort, Virginia, and this unconscionable practice would be allowed to fester and grow for more than two centuries before President Lincoln issued the Emancipation Proclamation in 1863 (and even then, slavery was not fully abolished across the country until the Civil War formally ended in 1865); and
WHEREAS: As noted by the Evanston, IL City Council in 2002, “…uncompensated slave labor was the primary [labor] source throughout the colonies…for clearing and cultivating land, planting and harvesting crops, and providing artisanal products” and that “…35 million African Americans currently in the United States are direct descendants of slaves brought to the New World beginning 400 years ago;” and
WHEREAS: In 2019, the Evanston City Council laid the groundwork for a first-of-its-kind initiative designed to provide reparations to the descendants of those who were enslaved in this country, utilizing tax revenues from the burgeoning marijuana industry in Illinois to fund payments of $25,000 to 16 eligible Black residents to be put towards homeownership and generational equity-building; and
WHEREAS: As the national debate over the concept of reparations continues to be held, pilot programs like the one being piloted in Evanston, IL may point the way toward a viable means of beginning to address the unconscionable wrongs perpetrated by this country centuries ago, and which continue to negatively impact millions of people today; and
WHEREAS: As the Evanston Model is not the only model worthy of consideration, the City of Cambridge could emulate that program’s spirit with an initiative that takes some of the revenues from local cannabis sales and distributes these funds among, and to lift up, economic empowerment applicants and non-cannabis Black-owned businesses, with the hope that this could be expanded if found to be successful; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate City staff to determine the feasibility of establishing a pilot reparations program that would take a to-be-determined percentage of revenue from local cannabis sales and distribute these monies to local Black-owned businesses and to economic empowerment applicants, with a targeted launch date of July 2022; and be it further
ORDERED: That the City Manager be and hereby is also requested to direct the appropriate City staff to determine the feasibility of establishing reparations programs with funding from other appropriate sources for possible future implementation to redress policies, including those enforced in Cambridge, that prohibited descendants of enslaved people from acquiring wealth, thereby contributing to the unconscionable median net worth of $8 for Boston area American born Blacks compared to $247,000 for white families; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on any progress made toward this endeavor by October 4, 2021.

8. Resolution on the death of Priscilla McMillan.   Councillor Nolan, Mayor Siddiqui, Vice Mayor Mallon, Councillor Carlone

R-8     Aug 2, 2021
COUNCILLOR NOLAN
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR CARLONE

WHEREAS: The City Council is saddened to learn of the death of Priscilla McMillan, who passed away in her Cambridge home on July 7, 2021, at the age of 92; and

WHEREAS: Priscilla was a world-renowned journalist who won numerous awards for her work, as well as a wonderful community member who will be sorely missed in Cambridge for her many local contributions; and

WHEREAS: Priscilla, daughter of Stuart H. Johnson and Mary Eunice Johnson, was engaged in politics her entire life, attending Bryn Mawr and majoring in Russian language and literature, before receiving her masters at Radcliffe College in Russian area studies where she became fluent in Russian; and

WHEREAS: One of the first things that John F. Kennedy did after being elected Senator for the first time was hire Priscilla to research the French-occupied Indo-China; they became friends and she spent a large amount of time with him while he was a Senator; and

WHEREAS: Priscilla moved to Russia in 1954 where she wrote for the North American Newspaper Alliance; in a twist of fate while she was working in Moscow, she interviewed Lee Harvey Oswald, who was attempting to defect and would go on to assassinate President Kennedy just four years after their interview; and

WHEREAS: Priscilla wrote “Marina and Lee: The Tormented Love and Fatal Obsession Behind Lee Harvey Oswald's Assassination of John F. Kennedy,” a well-received book that was considered to be one of the best works on Kennedy’s assassination, and she went on to write two other books while she worked at Harvard; and

WHEREAS: Priscilla served tirelessly on the Harvard Square Defense Fund and on the board of the Harvard Square Neighborhood Association, working with her neighbors to make Cambridge a better city; and

WHEREAS: Priscilla was extremely welcoming and would regularly host friends, family, colleagues, and students for meals and intellectual discussions at her home on Hilliard Street; along with her many accolades, Priscilla had a deep sense of humility and an easy-going demeanor; and

WHEREAS: Priscilla lived a full and remarkable life and will be dearly missed by her community and by the City of Cambridge; now therefore be it

RESOLVED: That the City Council go on record extending its deepest sympathy to Priscilla’s family and friends at this time of loss; and be it further

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

10. Resolution on the death of Robert Moses.   Mayor Siddiqui, Councillor McGovern, Councillor Simmons, Councillor Zondervan

R-10     Aug 2, 2021
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR ZONDERVAN

WHEREAS: The City Council was deeply saddened at learning of the death of civil rights pioneer, Robert “Bob” Moses, on Sunday, July 25, 2021; and

WHEREAS: Bob was raised in the Harlem River Houses, a public housing complex, and attended Stuyvesant High School, a selective institution with a strong emphasis on math. He played basketball and majored in philosophy and French at Hamilton College in Clinton, N.Y., and credited his parents for fostering his love of learning, recalling trips to the public library in Harlem; and

WHEREAS: Bob earned a master’s degree in philosophy in 1957 from Harvard University, and was working toward his doctorate when he suddenly needed to leave because of the death of his mother and hospitalization of his father. He moved back to New York, where he taught math at the private Horace Mann School in the Riverdale section of the Bronx; and

WHEREAS: Bob was inspired to focus on his activism while at the Mann School after witnessing scenes of Black people sitting at lunch counters across the South; and

WHEREAS: Over the course of his adult life and advocacy work, Bob faced relentless intimidation and brutal violence to register Black voters in Mississippi in the 1960s; and

WHEREAS: As a prominent Black leader during the civil rights movement, Bob viewed himself as more of a community organizer than a leader, always putting community interests above ego and politics; and

WHEREAS: In 1960, Bob moved to Mississippi, where he organized poor, illiterate and rural Black residents, and quickly became a legend among civil rights organizers in a state known for enforcing segregation with cross burnings and lynchings; and

WHEREAS: From 1960-1965, Bob helped to register thousands of voters and trained a generation of organizers in makeshift freedom schools; and

WHEREAS: In addition to his work with the Student Nonviolent Coordinating Committee, where he focused on voter registration drives across Mississippi, Bob was also a director of the Council of Federated Organizations, another civil rights group in the state, and also helped start the 1964 Mississippi Freedom Summer Project, which recruited college students in the North to join Black Mississippians in voter registration campaigns across the state; and

WHEREAS: Bob and his wife, Janet, moved to Tanzania in the 1970s, where three of their four children were born. After eight years teaching in Africa, he returned to Cambridge, to continue working toward a Ph.D. in the philosophy of mathematics at Harvard University and launched the Algebra Project, a five-step philosophy of teaching that could be applied to any concept, including physical experience, pictorial representation, people talk (explain it in your own words), feature talk (put it into proper English) and symbolic representation; and

WHEREAS: By the early 1990s, the Algebra Project had an impact in cities throughout the country, won accolades from the National Science Foundation and reached 9,000 children; Bob believed math literacy to be an extension of his civil rights work in Mississippi; now therefore be it

RESOLVED: That the City Council go on record extending its deepest sympathy to the family, friends, and colleagues of Robert “Bob” Moses at this time of such great loss; and be it further

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

11. Resolution on the death of Robert R. “LB” Favreau, III.   Mayor Siddiqui, Councillor McGovern, Councillor Simmons, Councillor Toomey

R-11     Aug 2, 2021
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY

WHEREAS: Robert R. “LB” Favreau, III, passed away on July 14, 2021 in an act of violence in Somerville, at the age of 22; and

WHEREAS: LB, the beloved son of Deborah and Robert R. “Hank” Favreau, Jr., was a Learning Community C graduate of the Cambridge Rindge and Latin School’s Class of 2017; and

WHEREAS: LB was a great football player who loved to cook and will be remembered by his loved ones for his positivity, ability to make everyone laugh, and his love for his family and friends; and

WHEREAS: LB is survived by his mother Deborah, his sisters Haley and Kaitlyn, and many loving friends; now therefore be it

RESOLVED: That the Cambridge City Council go on record extending its deepest sympathy to the family of Robert Favreau, III, at this time of such personal loss; and be it further

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

13. Thanks to Branville G. Bard, Jr. for his four years of service to the Cambridge Community, and in wishing him great success as he enters his exciting next chapter.   Councillor Simmons, Mayor Siddiqui, Councillor Toomey, Councillor Nolan, Vice Mayor Mallon, Councillor McGovern, Councillor Carlone
Adopted as Amended 8-1 (Zondervan - NO)
[Note: Councillor Zondervan said, "I have trouble wishing him great success as he enters his exciting next chapter." Mayor Siddiqui then said, "I'm not sure where your manners are." When Zondervan tried to continue, Mayor Siddiqui used her discretion to cut him off - much to the satisfaction of the rest of the City Council.]

R-13     Aug 2, 2021  Amended
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
COUNCILLOR TOOMEY
COUNCILLOR NOLAN
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR CARLONE

WHEREAS: It was announced on July 27, 2021 that Cambridge Police Commissioner Branville G. Bard, Jr. shall be leaving his position at the end of August after four years of service to the Cambridge Community; and

WHEREAS: Prior to assuming this role in 2017, Commissioner Branville G. Bard, Jr. served for over two decades with the Philadelphia Police Department, most recently as the Chief of Police and as the Director of Public Safety for the Philadelphia Housing Authority’s Police Department, and during that time “…significant crime reductions were realized, police relations with citizens who reside in the Housing Authorities developments drastically improved, citizen complaints declined and a defunct Police Advisory Board was reestablished…”; and

WHEREAS: Commissioner Branville G. Bard, Jr. brought with him an admirable dedication to the ideals of community policing, working to foster trust and connections between the officers of the Cambridge Police Department and the members of the community whom they serve, proactively engaging with civic leaders to find new and creative ways of preventing crime and stemming violence, and being ever mindful, as a person of color, of the need for the Cambridge Police Department to strive to serve the entire community as a place where every individual, regardless of skin color, ethnicity, gender, or socio-economic status, should be treated with fairness, compassion, and respect; and

WHEREAS: In the wake of the national protests calling out for police reforms following George Floyd’s murder at the hands of a police officer in Minneapolis in April 2020, Commissioner Bard was among those who embraced the idea of helping Cambridge develop new protocols and mechanisms to allow certain categories of emergency calls to the City to be met with unarmed first responders on the scene, with the goal of decreasing the police department’s local footprint while concurrently connecting those in crisis with the appropriate counseling, mediation, or mental health services rather than entering them into the criminal justice system; and

WHEREAS: Commissioner Branville G. Bard, Jr. held a truly difficult role in our community during a time of great national unrest, and throughout his tenure, he continually made himself available as a good-faith partner to the City Manager, the City Council, the numerous CBOs, and to all those members of the community who sought to work together in a spirit of civility and collaboration to increase the sense of safety and well-being of everyone throughout our city, and his admirable efforts shall continue to have positive ripple effects for years to come; now therefore be it

RESOLVED: That the City Council go on record thanking Branville G. Bard, Jr. for his four years of service to the Cambridge Community, and in wishing him great success as he enters his exciting next chapter; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Branville G. Bard, Jr. on behalf of the entire City Council.

17. Farewell and Best Wishes to Matthew McLaughlin.   Councillor Carlone

R-17     Aug 2, 2021
COUNCILLOR CARLONE

WHEREAS: Matthew McLaughlin served as a legislative aide to Councilor Dennis Carlone since 2017; and

WHEREAS: Matthew also served his community and country as a community organizer, City Councilor in Somerville and Iraq War veteran; and

WHEREAS: Matthew McLaughlin assisted Councilor Carlone in introducing to the City of Cambridge the Welcoming City Ordinance, the Transfer Fee for Affordable Housing, Right of First Refusal, a Municipal Campaign Finance Ordinance and other policy orders to create a more equitable Cambridge; and

WHEREAS: Matthew McLaughlin is leaving the City of Cambridge to work for the Department of Labor to serve the veterans’ community regionally; now therefore be it

RESOLVED: That the Cambridge City Council thank Matthew McLaughlin for his service to the City of Cambridge and the community and wish him well in all future endeavors.

2. A communication was received from Mayor Siddiqui and Councillor Nolan, transmitting information about the Attorney General’s ruling on Calendar Item #3 (Charter Amendments). [City Solicitor’s Letter (July 19)] [Atty. General’s Letter (July 26)] [Proposed Charter Amendments]
Placed on File 9-0

To: Cambridge City Council
From: Sumbul Siddiqui, Mayor and Patricia Nolan, Councillor
Date: July 29th, 2021
Subject: Communicating information about the Attorney General’s ruling on Calendar Item #3 (Charter Amendments)

To the Honorable, the City Council:

On July 27, 2020, the City Council adopted Policy Order #172, requesting a Special Meeting of the Council with representatives from the Collins Center to discuss exploring changes to the city’s charter, which has not been amended for 80 years. That policy order began a year-long process in which the City Council worked with the Collins Center to help review the options for charter changes and engage the public on the question of charter amendments. Charter reform appeared on the Council agenda eight times over the last year, including two Special Meetings, two memos from the Collins Center, and three policy orders on charter review and change.

On Monday, June 28, 2021, after a year-long discussion and review, the City Council adopted Calendar Item #3, setting in motion two processes by which the attached charter amendments could be placed on the November 3, 2021 ballot. The first process, as provided in Section 4 of the Home Rule Amendment and Sections 10(a) and 18 of Chapter 43B of the General Laws, sent the attached amendments to the Attorney General and the State Department of Housing and Community Development. The second process was in the form of a home rule petition, which sent the attached amendments to the state legislature. The City Council began both processes because there is little precedent in Cambridge for the first process, and if the Attorney General ruled unfavorably, the home rule pathway would serve as a second option.

The Attorney General’s office was required to rule on the item within 30 days, and they did so on July 26, 2021. Their ruling, attached to this communication, was favorable: “We find no conflict between the proposed charter amendments and the Constitution or laws of the Commonwealth under our standard of review in G.L. c. 43 B, § 10 (c). Therefore, we approve the proposed charter amendments adopted by the City Council at its June 28, 2021 Council meeting.”

The City Solicitor raised concerns in a letter to the Attorney General’s office about the legality of the attached charter amendments. That letter, attached to this communication, included the following concern: “The charter amendment process set forth in G.L. c. 43 B, § 10 (c) requires a city council and directly elected mayor to submit certain charter amendments. In Cambridge, there is not a directly elected mayor; rather, the un-elected Cambridge City Manager is the chief executive officer under the City’s Plan E charter...The issue raised by the Cambridge City Council submission is whether without the agreement of a directly elected Mayor (which does not exist in Cambridge), the § 10 process is available to a city council acting independently.”

The Attorney General’s ruling responded directly to this question: “G.L. c. 43 B, § 18 specifically authorizes a city with a charter adopted pursuant to G.L. 43, including Plan E Charters like Cambridge’s, to amend its charter using the amendment procedures in c. 43B. Considering this specific statutory authorization in section 18, it would make no sense to conclude that Cambridge, like all Plan E forms of city government, cannot use the Section 10 procedures because Cambridge does not have a mayor “elected by the voters” as referenced in Section 10(a). For these reasons, we determine that Cambridge is not precluded from using the provisions of G.L. c. 43 B, § 10 to amend its Plan E Charter.”

Now that the Attorney General’s office has responded favorably, the three charter amendments will appear on the November ballot. The favorable ruling has also been communicated to Representative Decker’s office.

We look forward to next steps on this process and talking through this with the Council. Please do not hesitate to reach out with any questions, suggestions, or concerns.

Respectfully,
Sumbul Siddiqui
Patricia Nolan

3. A communication was received from Mayor Siddiqui and Councillor Nolan, communication regarding the formation of a Climate Crisis Working Group.
Placed on File 9-0

To: Cambridge City Council
From: Mayor Siddiqui and Councillor Nolan
Date: July 29th, 2021
Subject: Communication regarding the formation of a Climate Crisis Working Group

To the Honorable, the City Council:

Mayor Sumbul Siddiqui, working with the City Manager, is organizing a working group to accelerate actions to address the climate crisis in Cambridge and appointing Councillor Patricia Nolan as Chair.

The need for greater urgency was made exceedingly clear by the recent Net Zero Action Plan 5 year review, released in December of 2020, which concluded that the City will have to accelerate emissions reductions twentyfold over the next ten years in order to meet our goals. That sobering assessment means immediate action is needed. Despite more than twenty years of climate efforts with multiple worthy initiatives, citywide greenhouse gas emissions are unchanged since 2003, while Massachusetts and Harvard reduced overall GHG emissions by 20-30% even as both grew. Many residents want to do more and are either not aware of programs or do not avail themselves of programs. Numerous city groups are working on various elements of the climate crisis without a centralized process, and none include members of, or a direct link to, the City Council.

The Climate Crisis Working Group will provide input and guidance to the City Council and the administration by reviewing all ongoing work within the city, building on existing efforts in the city, consulting with community advocates, and getting input from local and state climate experts. The working group will do focused outreach to seek best practices from other cities to develop a recommended list of targeted actions for the City to implement, working methodically and quickly to synthesize the findings and recommendations.

The working group will meet over three months, with an expected total of 5-6 meetings, in order to:

1. Provide a prioritized list of specific actions the City can and should take in the short-term to have a measurable and meaningful impact.

2. Create a communication plan to connect residents to relevant resources and build awareness in the community of the urgency.

3. Summarize in a usable, accessible document a plan of action to reduce city-wide emissions to meet the City’s stated goals including a way to monitor progress with clear milestones and requirements for adjustments when goals do not meet timelines.

All meetings will be available for public viewing, but no public comment will be taken. All recommendations will be referred to the City Council.

The ultimate mission of the group is to summarize specific actions and accelerate the timeframe for the City’s climate crisis efforts. Like many other communities, Cambridge needs to assess the effectiveness of our climate crisis plans and find ways to take decisive action in the short term. The commitment and charge is to offer specific recommendations of policies, programs, and practices that can be implemented to address both short and long term challenges.

List of members (with additional participants and advisors to be confirmed):
Mayor Siddiqui
Councillor Nolan
Susanne Rasmussen (Director of Sustainability, Cambridge Community Development Department)
Audrey Shulman (founder and co-director of HEET)
Ben Hellerstein (State Director, Environment Massachusetts)
Carol Lee Rawn (Director of Transportation, CERES)
Daniel Mascoop (Sunrise Boston)
Dr. Gaurab Basu (Harvard T.H. Chan School of Public Health)
Justin de Benedictis-Kessner (Assistant Professor at Harvard Kennedy School)
Lyn Huckabee (State of Mass. Energy Efficiency Program Manager and member, CPAC)
Malcolm David Bliss (VP of partnerships Common Energy)
Margery Davies (Mothers Out Front and member Net Zero Action Plan review team)
Michael Scarlett (Aide to Councillor Nolan)

Respectfully,
Sumbul Siddiqui
Patricia Nolan

TEXT OF ORDERS
O-1     Aug 2, 2021  Amended
VICE MAYOR MALLON
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR CARLONE
COUNCILLOR NOLAN
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR TOOMEY
COUNCILLOR SULLIVAN
WHEREAS: Cambridge and the Greater Boston community is experiencing a devastating uptick in gun violence, with the recent, tragic murders of Xavier Louis-Jacques and Robert Favreau, as well as several more injuries; and
WHEREAS: To counteract this increasing gun violence, we must leverage existing organizations with deep local connections and well-earned community trust to guide youth both engaged and not engaged in gun violence, connect their families to resources, and build a comprehensive support network, separate from interventions developed by the Police Department; and
WHEREAS: Equity Roadmap is a local non-profit that hosts Friday Night Hype, a mentorship program offering our middle school students opportunities to connect with community leaders in therapeutic, engaging activities, including life skills training, self-care sessions, hot meals, and more; and
WHEREAS: Friday Night Hype currently relies on donations and the organizers’ own funds to do this critical work, preventing it from expanding beyond its monthly model to reach as many students as possible, and preventing its mentors, primarily BIPOC residents, being fairly compensated for their work; and
WHEREAS: As funding is conducive to programmatic stability and reliability, which in turn promotes community trust, Friday Night Hype’s mentorship model that helps students stay on or get onto the right path would be more effective with regular funding; and
WHEREAS: With a lens towards closing the opportunity gap for scholars and keeping or getting students onto the right path, Friday Night Hype is playing an invaluable role in supporting our vulnerable youth, and the City should provide it with a stable funding stream as part of a comprehensive, multi-faceted, proactive approach to preventing gun violence; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Human Service Programs, the Peace Commission, and other relevant City departments to explore the feasibility of providing Equity Roadmap with regular funding for Friday Night Hype; and be it further
ORDERED: That the City Manager report back to the City Council by the Sept 13, 2021 regular City Council meeting.

O-2     Aug 2, 2021
VICE MAYOR MALLON
COUNCILLOR SOBRINHO-WHEELER
WHEREAS: Electric bicycles will prove to be a powerful tool in meeting our environmental goals, promoting transit justice, and expanding accessibility, as they offer cyclists of all ability levels an easy, sustainable way to commute longer distances, travel over hills or other arduous terrain, and bring children along, but state law currently lacks adequate electric bicycle regulations; and
WHEREAS: State Representatives Dylan Fernandes and Steven Owens and State Senator Sal DiDomenico recently introduced two companion bills in their respective chambers, HD.3457 and SD.2309, An Act Relative to Electric Bicycles; and
WHEREAS: Under this bill, low-speed electric bicycles would be regulated as manually-powered bicycles are, meaning that the same rules of the road concerning speed, proper passing, local traffic laws, posted speed limits, and other ordinances that apply to traditional bicycles would also apply to electric bicycles; and
WHEREAS: If enacted, this bill would also separate electric bicycles into different regulatory classes based on top speeds, intentionally exclude electric bicycles from the definitions of “motorized bicycles” and “motor vehicles” to avoid conflation with motorcycles or mopeds, require standardized labeling of each electric bicycle specifying its type and wattage, and more; and
WHEREAS: With this change, the Commonwealth would advance beyond regulating electric bicycles under antiquated definitions aimed at combustion engine vehicles, more closely align with federal standards and best practices implemented in 42 other states, and prevent confusion among those interested in using electric bicycles as an accessible, sustainable mode of transportation; now therefore be it
RESOLVED: That the City Council go on record in strong support of HD.3457 and SD.2309, An Act Relative to Electric Bicycles; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to the entire Cambridge state delegation on behalf of the entire City Council.

O-3     Aug 2, 2021
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
WHEREAS: In March 2021, Cambridge tragically lost CRLS graduate Xavier Louis Jacques to senseless gun violence; and
WHEREAS: Since then, his life and memory have been commemorated through candles, flowers, and messages of love and support with phrases such as “legends live forever” at the corner of Pemberton Street near the basketball courts behind Rindge Avenue Upper Campus; and
WHEREAS: As an athlete, Xavier spent much of his time at the Pemberton basketball courts with friends and other CRLS classmates; and
WHEREAS: Xavier’s memory will also live on permanently through the “Legends Live Forever, Xavier Louis-Jacques Scholarship Fund,” its name inspired by the youth who consistently chalk in honor of their friend, and created by Xavier’s mother, Rayschell McCants, in partnership with the Cambridge Community Foundation; and
WHEREAS: In addition to these commemorative acts led by the Cambridge community and nonprofit organizations, the City has honored Cambridge residents at parks, and other sites after residents who have made a lasting impact in the community; now therefore be it
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to designate a suitable street corner, square or the Pemberton Basketball Courts in honor of Xavier Louis-Jacques whose young life touched so many in the Cambridge community; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for review and approval.

O-4     Aug 2, 2021
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
MAYOR SIDDIQUI
VICE MAYOR MALLON
WHEREAS: In recent weeks, there has been an alarming uptick in the amount of reported gunshots and gun incidents in the Port Neighborhood, in the Wellington-Harrington Neighborhood, and in North Cambridge leaving many neighborhood residents concerned about the sense that crime, overall, is increasing in the area; and
WHEREAS: This violence echoes an alarming increase in such activity that the City Council called for an end to in June 2018, and it is clear that a longer-term strategy is needed to ensure that we break this vicious cycle; now therefor be it
ORDERED: That the City Manager be and hereby is requested to coordinate with the Cambridge Police Commissioner to assess what is driving this new activity, and to deploy the necessary resources to tamp down on the gun violence being seen in the above referenced areas; and be it further
ORDERED: That the City Manager be and hereby is requested to convene a meeting with the appropriate officials in Somerville to determine what measures can and should be implemented to short circuit the cycle of gun violence that appears to be circulating between our two cities; and be it further
ORDERED: That the City Manager be and hereby is requested to coordinate with the Cambridge Health Alliance and other appropriate City staff to establish an emergency drop-in clinic in the Port Neighborhood, in North Cambridge, and in the Wellington-Harrington Neighborhood for individuals who are being affected by this latest wave of gun violence in order to adequately address the mental and emotional burdens these residents are experiencing, and that additional mental health resources should be made available to those engaging in this behavior; and be it further
ORDERED: That the City Manager be and hereby is requested to establish a direct engagement and consultation with members of the Port Neighborhood, in North Cambridge, and of the Wellington-Harrington Neighborhood to gain a better sense of what social support services these individuals are currently lacking that they feel would be most helpful to them at this time; and be it further
ORDERED: That the City Manager be and hereby is requested to coordinate with the Cambridge Health Alliance, other appropriate City departments, and the area CBOs to develop a new program that targets our population of men ages 18-30 who are most at risk to provide them with the necessary intensive support services that can place them on a more positive, gainfully employed, holistic path in life; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on this matter to the City Council and to the community as soon as possible.

O-5     Aug 2, 2021
VICE MAYOR MALLON
MAYOR SIDDIQUI
COUNCILLOR NOLAN
COUNCILLOR TOOMEY
WHEREAS: Through mandatory closures, widespread layoffs, and some residents’ reluctance to return to the public sphere, our small businesses and restaurants have been hit incredibly hard by this pandemic, with many closing permanently and others struggling to hold on; and
WHEREAS: Earlier this year, Congress approved the $28.6 billion Restaurant Revitalization Fund to support the restaurant industry as it attempts to recover from far reaching economic devastation; and
WHEREAS: While this funding was certainly a step in the right direction, approximately 265,000 of 370,000 applicants for financial assistance under the Restaurant Revitalization Fund, or 72% of applicants, were turned away, with the overwhelming demand for grants more than twice the available funding and nearly 3,000 minority and women-owned restaurants having their promised funding rescinded, demonstrating the intense need for support; and
WHEREAS: Representative Blumenauer recently introduced the Restaurant Revitalization Fund Replenishment Act of 2021, which would allocate an additional $60 billion in funding for restaurants, and provide us with an opportunity to offer our small businesses a much-needed lifeline; and
WHEREAS: Even with expanded indoor and outdoor dining, municipal grant and loan programs, a 15% cap on third-party delivery service fees, and other supports, our restaurants are struggling under the weight of debts incurred to keep their businesses afloat when their operations were significantly limited by the pandemic; and
WHEREAS: As we enter the new normal and an economic recovery phase, we must invest in our small businesses to protect the vitality of our Main Street economy, uplift our local restaurant owners, employees, and their families, and assist the small businesses that make up the heart and soul of our community, before they disappear; now therefore be it
RESOLVED: That the City Council go on record in strong support of the Restaurant Revitalization Fund Replenishment Act; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to Representative Pressley, Representative Clark, Senator Warren, and Senator Markey on behalf of the City Council.

O-6     Aug 2, 2021  Charter Right - Toomey
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI
WHEREAS: Tree canopy is an essential part of urban infrastructure because of its positive impact on heat islands, air quality and psychological well-being cannot be overlooked; and
WHEREAS: The lack of tree canopy is especially acute in low- and moderate-income communities, and neighborhoods where many Black and Brown people, immigrants and other underserved community members reside, including in Cambridge, constituting an environmental injustice; and
WHEREAS: Cambridge is continuing to lose a large number of trees in a range of projects, including municipal and private developments, affordable housing projects, and individual residences; and
WHEREAS: After years of planning, a report was recently released on the Tobin Montessori and Vassal Lane Upper School regarding the removal of 94 of the existing 129 trees on the site; and
WHEREAS: The report included the planned removal of three oak trees that are well outside the footprint of the building plans on the west side of the property, which are not included on the city’s list of trees to be removed due to decline, despite the fact that those three trees alone account for 25% of the total canopy loss; and
WHEREAS: The City Council recently ordained the Tree Protection Ordinance with a specific goal to not destroy significant trees; and
WHEREAS: If Cambridge is going to be in a position to fight the impending climate crisis, we must do everything we can to preserve our tree canopy, and the City must lead by example and treat trees as essential infrastructure on all City property; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with all relevant City departments on how the City can change practices such that all projects will treat trees as essential infrastructure and will go out of its way to prevent the removal of significant trees on City property and all property whose development the city can influence; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with any recommendations or proposals for City staff in a timely manner.

O-7     Aug 2, 2021
COUNCILLOR CARLONE
WHEREAS: The City of Cambridge is a worldwide hub of science and technological advancement; and
WHEREAS: Biological laboratories and technical facilities compete over purchasing land to construct their buildings within the City of Cambridge for the prestige of the City’s reputation and availability of its talented workforce; and
WHEREAS: Laboratories and technical facilities are presently allowed in 22 of the city’s 34 base zoning districts; and
WHEREAS: Technical offices, laboratories and research facilities have unique characteristics that may be detrimental to residential neighborhoods, such as: twenty-four-hour on-site activity, all night light pollution, thirty-foot tall rooftop mechanical equipment, greater shadows and blocking of sunlight, noise and chemical odors generated from extensive exhaust systems, limited manufacturing on site allowed (up to 60% of gross floor area) as an accessory use and large floor plates inconsistent to most surroundings; and
WHEREAS: These impacts are particularly harmful to public open space and low-density residential districts; now therefore be it
ORDERED: That the City Manager instruct the Community Development Department to draft zoning amendments that ensure no technical office or research and development, and laboratory and research facility shall be within 250-feet of a low-density residential district or publicly owned open space in the districts designated in the attached memorandum; be it further
ORDERED: That the City Manager instruct the Community Development Department to draft zoning amendments requiring special permits be required for research and development, laboratory and research facilities in the districts noted in the attached memorandum to ensure a robust community process.

Dennis Carlone
Cambridge City Councillor

Proposed Cambridge Zoning Petition Outline
Technical Offices for Research and Development, and Laboratory and Research Facilities

Overview: Zoning districts that allow Technical Offices for Research and Development, and Laboratory and Research Facilities are found in the Cambridge Zoning Ordinance, Article 4.30, Table of Use Regulations. These technical facilities are presently allowed in 22 of the city’s 34 base zoning districts as per 4.34, Office and Laboratory Use, f, and in most overlay districts and special districts. The only exceptions are our 12 residential districts.

All other uses listed under the above category 4.34, Office and Laboratory Use include:

a. Office of physician, dentist, or other medical practitioner,

b. Office of an accountant, attorney, or other non-medical professional,

c. Real estate, insurance, or other agency office,

d. General office use,

e. Bank, trust company, or similar financial institution

Although these uses, a-e, offer relatively benign impacts to surrounding properties especially compared to technical offices, technical offices, labs and research facilities are allowed to be in the same zoning districts.

Unique Characteristics: Technical offices, labs and research facilities have unique characteristics that are very different from uses a-e. These include the following impacts on neighboring properties including:

• Twenty-four-hour on-site activity (all night light pollution)

• Thirty-foot tall rooftop mechanical equipment which adds significant building height casting greater shadows and blocking of sunlight

• Noise and chemical odors generated from extensive exhaust systems

• Limited manufacturing on site allowed (up to 60% of gross floor area) as an accessory use

• Extremely large floor plates inconsistent to most surroundings

These impacts are particularly harmful to public open space and low-density residential district inhabitants and their property value. As the construction of technical offices, laboratories and research facilities continually expand throughout Cambridge, it is time to focus their development in areas most appropriate.

Basic Principle: No technical office or research and development, and laboratory and research facility shall be within 250-feet of a low-density residential district or publicly-owned open space.

Proposed Zoning Changes: 1. Remove technical offices and labs from the following districts:

• Bus-A/1.0 FAR: Inman Square and Cambridge Street

• Bus A-1/1.0 FAR: Neighborhood centers plus Mt. Auburn near Watertown line

• Bus A-2/1.0 FAR: Mass Avenue (Harvard Square to Porter Sq. and Porter to Arlington line)

• Bus A-3/0.75 FAR: River Street and Western Avenue

• Bus B-1/1.50 FAR: Mass Avenue (between Harvard and Central Squares)

• Bus B-2/1.50 FAR: Mass Avenue (between Harvard and Central Squares)

• Bus C/1.25 FAR: Porter Square

Note: Bus A-4/2.0 FAR and Bus C-1/2.75 FAR districts could not be located on the zoning map.

Proposed Special Permit: will be required for Technical Offices and Labs in the following district:

• Bus B/2.75 FAR: Central and Harvard Squares, former and present County Courthouse and Mass Avenue (across from MIT)

Proposed Special Permit Requirements:

• Not within 250-feet of a low-density residential district or publicly-owned open space.

• Maximum building height of 65-feet.

• The majority of the mechanical equipment is either below-grade in the garage levels or enclosed in a ‘penthouse’, which has insulated walls with concrete exterior panels and an insulated concrete roof slab to keep mechanical sounds from escaping.

• Cooling towers and generator to be located in a roof well, fully surrounded by walls, to reduce any transmission of noise.

• All louvers and exhaust stacks on the exterior will have sound attenuation (‘silencers’) to control any noise output.

• Garage exhaust fans to be low- speed and have carbon monoxide sensors so that the fans only turn on as needed. Sound attenuators will also be on these exhaust fans.

• Fully enclosed loading dock.

• Deliveries are limited to 7am-6pm.

• There will be window shades that are controlled by the building management system. The shades will automatically close as the sun is setting to control light spillage from the interior lighting out to the exterior.

• The exterior design is broken down in scale and character to architecturally fit into its surrounding context.

As-of-right districts will continue to be the following:

• Ind A-1/1.25 FAR: East Cambridge, North Point, New Street

• Ind A-2/2.75 FAR: Miscellaneous locations

• Ind A/1.25 FAR: Miscellaneous locations

• Ind B-1/1.5 FAR: Miscellaneous locations

• Ind B-2/0.75 FAR: Alewife Quadrangle

• Ind B/2.75 FAR: The Port, Wellington-Harrington

Note: Ind C/1.0 FAR: Could not be located on the zoning map.

Note: Overlay districts and special districts shall not be affected except by the basic principle of no technical office or research and development, and laboratory and research facility shall be within 250-feet of a low-density residential district or publicly owned open space.

Dennis Carlone

O-8     Aug 2, 2021
COUNCILLOR ZONDERVAN
COUNCILLOR SIMMONS
COUNCILLOR NOLAN
WHEREAS: In addition to and separate from reparations for slavery, Cambridge also needs to grapple with its historic and ongoing complicit role in the racist war on drugs that has traumatized thousands of Black and Brown residents, and cheated many of their freedom, education, economic prospects, and in some cases their very lives, necessitating both an apology for the harms done and an effort to offer restitution; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate City staff to establish a restitution program that would take a to-be-determined percentage of revenue from local cannabis sales and distribute these monies to current and former Cambridge residents who have been harmed by the war on drugs, with a targeted launch date of July 2022; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on any progress made toward this endeavor by October 4, 2021.

O-9     Aug 2, 2021
MAYOR SIDDIQUI
COUNCILLOR CARLONE
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
WHEREAS: Jerry’s Pond was fenced off to public access in 1961, leaving families and working-class neighboring residents without access to this great natural resource; and
WHEREAS: This site provides an opportunity for the City of Cambridge to address environmental justice and equity, climate change, sustaining ecosystems, tree canopy, habitat and providing much needed green space for Cambridge residents in this area; and
WHEREAS: With the current development underway in that area, IQHQ has made significant efforts to collaborate with residents on bringing the community’s vision of Jerry’s Pond to life; and
WHEREAS: In addition to IQHQ’s transparent community process, the City has an opportunity to further advance: (1) Resilient Cambridge, which is Cambridge’s plan to make the city more prepared for and resilient to the impacts of climate change while improving the quality of life and enhancing the city, as well as advance (2) Cambridge Redevelopment Authority’s Rindge Neighborhood Open Space Vision for Improved Connectivity, with a shared vision and goal of making the Rindge Avenue neighborhood achieve better connections within the neighborhood and to the larger Alewife district; and
WHEREAS: From Friends of Jerry’s Pond and Reservoir Church’s community surveys, 97% of respondents living in Rindge Towers stated they would like to see a community gathering space, such as a park with more shade trees added to the Jerry’s Pond area along Rindge Avenue; and
WHEREAS: While initial conversations about rebuilding the area are underway, there is a tremendous opportunity to restructure the public ways and public resources along Rindge Avenue, including bike paths, sidewalks, trees, and seating in collaboration with the work that's already being proposed by IQHQ; and
WHEREAS: Preliminary testing results from the Environmental & Geotechnical Consulting Firm, Haley & Aldrich (site LSP), reported promising information about the silt on the south side of Jerry’s Pond, noting that there were non-factory uses on that side of the pond; and that “neither the surface water nor the sediment pose significant risk to humans or wildlife”; and
WHEREAS: Currently, the proposed space for people and the proposed tree canopy along Rindge Avenue are insufficient for our environmental goals, our cycling safety goals and our equity goals; now therefore be it
ORDERED: That the City Manager confer with the Department of Public Works, the Cambridge Redevelopment Authority, the Community Development Department, and other relevant City staff to discuss the feasibility of committing financial resources to assist in redesigning and/or reshaping the outdoor public ways, natural space and infrastructure including sidewalks, protected bike lanes and tree canopy at the southern edge of Jerry’s Pond along Rindge Avenue to make it more accessible, more green and more equitable and to create a welcoming entryway to Cambridge from the west; and be it further
ORDERED: That the City Manager report back to the Council on this matter by Sept 13, 2021.

O-10     Aug 2, 2021  Amended
COUNCILLOR NOLAN
COUNCILLOR SOBRINHO-WHEELER
MAYOR SIDDIQUI
VICE MAYOR MALLON
WHEREAS: Last week, the Cambridge Public Health Department warned residents of an uptick in COVID-19 cases and recommended “wearing a mask and practice physical distancing in situations where transmission is likely and when around unvaccinated people”; the state of Massachusetts is weighing how to respond to the spread of the Delta variant and the CDC has been revising guidelines in many states due to the recent increase in cases; and
WHEREAS: New York City and California recently announced a plan to mandate vaccines or weekly testing for all employees in an attempt to protect city and state workers and the residents that they work with, President Biden announced similar requirements for all civilian federal employees, and employers including Google and Facebook, which both have Cambridge offices, are requiring vaccinations for all employees; and
WHEREAS: Cambridge has been a leader in responding to the pandemic based on science and has one of the highest percentages of vaccination rates in the Commonwealth; and
WHEREAS: With City buildings fully open and no mask requirement, getting 100% of City staff vaccinated is an excellent way for the city to model responsible COVID-19 practices which will ensure COVID-19 cannot easily spread; now therefore be it
ORDERED: That the City Manager be and is hereby requested to report back to the City Council on how the city is working to get City and Public School staff to 100% vaccinated, including the possibility of mandating vaccinations and decrease the likelihood that COVID-19 spreads via City staff and in City Buildings; and be it further
ORDERED: That the City Manager report back to the council with a plan by the Sept 13, 2021 meeting.

O-12     Aug 2, 2021
COUNCILLOR ZONDERVAN
COUNCILLOR SOBRINHO-WHEELER
WHEREAS: It has come to the attention of the City Council that the Biden Administration allowed the federal eviction moratorium to expire on July 31, 2021; and
WHEREAS: Somerville has extended their eviction moratorium until September 15, 2021; now therefore be it
ORDERED: That the City Manager be and hereby is requested to immediately reimplement and extend Cambridge’s eviction moratorium until at least October 31, 2021.

TEXT OF COMMITTEE REPORTS
Committee Report #1
Date: Tues, Jan 19, 2021, 5:00pm Remote Meeting

The Public Safety Committee and the Human Services & Veterans Committee met to hear from community experts on possible ways to design a community-centered public safety response service.

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

Councillor Zondervan called the meeting to order, reminding all present that the primary purpose of today’s meeting was to listen and hear from community members, specifically black community members, on community-based alternative crisis response. Councillor Zondervan then opened the floor to Councillor McGovern.

Councillor McGovern thanked all attendees and presenters for today’s meeting. He explained that today’s session is one of many opportunities to hear from the community and discuss these issues. He said that he will be co-chairing a task force with Councillor Simmons to focus on community crisis response. He thanked Mayor Siddiqui for joining in today’s conversation and turned the meeting back over to Councillor Zondervan.

Councillor Zondervan introduced the first speaker/presenter for the meeting, Queen Cheyenne.

Queen Cheyenne (she/her) introduced herself and stated that she is a member of The Black Response, and a lifelong community member/Cambridge resident, whose family has lived in Cambridge for several generations. She stated that the presentation she is sharing in today’s meeting is focused on localizing the need for a program separate from Cambridge police. She stated that the presentation reflects the actual needs of the persons most impacted, including black, brown, disabled, and formerly incarcerated persons with a focus on community safety response programs in Cambridge and non-carceral responses to harm or non-punishment-based responses to harm.

Queen Cheyenne’s presentation included an overview of the work of Black Response, stating their focus to work with, uplift the work of, and connect to local Black organizations in Cambridge through community conferences and relationship-building grounded in transformative justice and non-punishment based responses to harm. She stated they are a group of black and brown Cambridge residents and former residents who are concerned about the input and progression of the defund police campaign in Cambridge, specifically, in regards to the engagement or lack thereof, of black community members and black organizations in Cambridge.

Queen Cheyenne briefly discussed the history of policing in the United States, specifically in black, brown, low-income, LGBTQIA and disabled communities and the inefficiencies in ensuring safety in these communities. She spoke about the first police officers in Boston, who were initially charged with slave-catching and protecting land and landowners. She spoke about the continued oppression and suppression of specific communities to this day and cited many organizations and individuals that have led demonstrations over the past months to call for either reform, defunding or the complete abolishment of the police. She went on to discuss the perceived issues with the current police model and its focus on punishment rather than safety, with points including police training not tailored to community needs (de-escalation, mental health crisis training and domestic violence response), police engagement in racism/classism/ableism and the need to establish community trust with community input as opposed to expert prescribed solutions. Queen Cheyenne explained localizing actual community needs for four systems which are CPD surveillance, CPD overreach, CPD lack of community accountability/honesty to community safety and CPD militarization against Black communities.

Queen Cheyenne closed her presentation with proposed ideas on what is needed for transformative justice. She stated that we need to look at the values and practices that ground this work and how transformative justice is a political framework for responding to violence and abuse outside of the criminal punishment system. She pointed to the long histories of transformative justice practices and non-punishment-based practices being used in community spaces and urged the need to learn from and adopt these practices in the community in order to create a space where all are welcomed, validated, and feel autonomous in their lives. Queen Cheyenne opened the floor to the next speaker.

Councillor Zondervan introduced the next speaker, Asantewaa Boykin.

Asantewaa Boykin introduced themselves as a member of Anti-Police terror Project (APTP), an Oakland, CA-based organization and their expertise in intentional reactionary tactics in incidents of police terror, including immediate and long-term support for families impacted by incidents of police murder or harm. Asantewaa spoke of their ‘MH First’ program, noting a trend that a number of those who were murdered or harmed by police were those that were experiencing a mental health crisis. Asantewaa stated that the current response has been to police/incarcerate our way out of public health crises, such as homelessness, substance abuse and lack of mental health services, citing Sacramento County attempting to open a psychiatric jail. They said that this implies an understanding around the need for mental healthcare, but not understanding that this care should not be rendered inside of a prison.

Asantewaa described how APTP went about doing the work to fill the crisis gap, including sessions to envision scaling up to the wider community, caregiver fatigue, and funding self-determined crisis management. They also spoke about implementing these services into crisis response, such as shifting calls away from 911, conditioning the population to call for these services and reallocation of county funding to support these programs. Asantewaa closed their presentation with an offer to answer any questions from the panel.

Councillor Zondervan turned the floor over to Anne Janks (Coalition for Police Accountability – Oakland, CA)

Anne Janks introduced herself as an organizer with the Coalition for Police Accountability in Oakland, CA, and spoke about the work that organization does to create an independent community oversight board over the Oakland Police Department. She stated that through a 2016 ballot measure their oversight board was established and is the strongest in the nation. Anne discussed the challenges in establishing the board, as well as clarifying its focus, and challenges they have faced over time. She spoke about the community makeup and the issues being faced by residents, as well as needs for crisis resources other than police.

She went on to discuss CAHOOTS response and the safety and challenges CAHOOTS responders are experiencing. She highlighted the CAHOOTS responders discretion to determine whether they can stay safe on any given call, and how they can communicate with police should the need arise (<1% of their calls). She spoke about the level of community response from both Police and Fire departments and their appreciation for CAHOOTS. Anne concluded by discussing the different county models of response in Oakland, and the unique challenges responders face in providing needs-specific responses for very time-intensive situations as related to de-escalation and safety training, as well as a pilot program currently being modeled to understand better how to link service providers with responders.

Councillor Zondervan introduced the next speaker, David Harris, President + CEO of the Urban Strategies Council in Oakland, CA.

David Harris introduced himself and discussed the process we use for developing the pilot that was discussed by Anne Jenks. Mr. Harris presented an overview of the Urban Strategies Council, a social/racial equity organization whose mission is to eliminate persistent poverty and dismantle systemic barriers to equity and opportunity. He explained the organization’s three core strategies which are data and research, collaboration/building collective impact and community building/leadership development. Urban Strategies was asked by the Coalition for police accountability to assess CAHOOTS, then later asked by the City Council to engage in the planning process to design an alternative 911 response system. Mr. Harris stated that the Urban Strategies Council developed MACRO (Mobile Assistance Community Responders of Oakland), and brought community residents and stakeholders together in workgroups to examine the workflow of the existing 911 response, comparative models, both locally, statewide, nationally, and some internationally, including indigenous models that have been used for conflict resolution and emergency response and a robust community research process. The Urban Strategies Council relied on a community-led participatory research process that included community leaders, and impacted residents from the beginning, being involved in designing the survey testing and implementing it. The group examined outcomes and worked to refine data collection and define metrics for holding municipal systems accountable. Mr. Harris stressed the importance of having the individuals most impacted participate in the implementation of these systems. Mr. Harris concluded by referring questions to the report that was prepared by the Urban Strategies Council.

Councillor Zondervan introduced the next speaker, Stephanie Guirand of The Black Response Cambridge.

Stephanie Guirand introduced herself as a displaced Black Cantabridgian and a member of The Black Response. She read a statement that discussed the concentration of the black community in public housing, and the underrepresentation of Black residents in discussions regarding policing in Cambridge. She explained the Black Response position that the city should employ a process-oriented approach in these discussions where low income black and brown residents’ voices are sought, centered and valued, and feels the creation of the task force to examine the future of public safety has not been representative of the most marginalized Cambridge residents. Stephanie stated that the city is unwilling to envision public safety beyond a punitive and carceral system and questioned why there cannot be a Home Rule Petition to demand a transparent system. Stephanie concluded by calling for investment in the social fabric of the community, including mental health support housing services, job training, quality education, and healthy food, as a way to foster lasting physical safety and generate community wellbeing. Ms. Guirand then introduced the next speaker, Dara Bayer, of The Black Response

Dara Bayer introduced herself as a product of Cambridge public schools and shared the vision of The Black Response of a system where people can have their needs met through justice rooted in care. Dara stated that people need self-determined options for how to be cared for. Ms. Bayer listed the demands of The Black Response as calling for the City Council to allocate funding towards developing a community based team that does not include armed police officers as first responders to any domestic issues where armed violence is not the immediate threat, increasing youth jobs and extending the definition of youth through the age of 35, increasing the capacity of the existing job training programs, dismantling of the safety net collaborative and other youth based programs that are under police control, the creation of job training and mentorship programs for young people outside of the police department, stopping the practice of having police officers assigned to the detailing of road service, and instead training civilians to do this job with a specific emphasis to supplement unemployed Cambridge residents, divesting from all military grade weaponry, CPD resignation as a member of BRIC, the joint terrorist task force and the ICE taskforce. The Black Response is also calling for the immediate and direct reallocation of funds to support universal childcare, daycare and community based counseling services, day camps for low income families and for public discussion and public vote on the police union contract. Ms. Bayer then turned the discussion back to Councillor Zondervan for questions.

Councillor Zondervan opened the floor to questions from Committee Members starting with Councillor Patricia Nolan.

Councillor Nolan asked for thoughts from any of the panelists on having a program like the safety net, (whose goal is partly to ensure that young people do not get caught up in the pipeline to a racist, a criminal justice system), not housed within the police department while maintaining the program with similar support?

Stephanie Guirand responded that they would like to remove all police from the school systems, citing an example of her brother and how the program lessons within the City do not apply when dealing with police officers outside of the city. She suggested police could serve as mentors but not to be involved in school programs.

Councillor Sobrinho-Wheeler asked about call-routing and 211 versus the 911 program, specifically how this would work in Cambridge? How will calls be diverted and how will responders be trained?

David Harris talked about infrastructure through the 211 system and for their pilot they decided there was a need to work with the City to identify alternative number(s).

Anne Jenks stated that the most immediate need was to have an alternative response to existing calls that is not housed within the police department (which creates an immediate escalation to a potential mental-health crisis). She stated that there will typically be deference to police when there is a police response.

Asantewaa Boykin stated that even as this non-police system is built, there needs be language that is not police language (such as dispatch), and spoke about having a regular phone number where calls can come in organically not routing through 911.

Vice Mayor Mallon asked about panelists' experiences regarding safety for unarmed responders within their communities?

Anne Jenks responded that there are already members in every community that are doing unarmed response, such as homeless outreach workers. She stated that the people who are the safest are the people who know the community the best, who come from the community, they're the ones best able to understand, so it is a matter of extending that into the Emergency Response framework.

Councillor Zondervan entertained a motion to suspend the rules to extend the meeting for an additional 30 minutes, to hear Public Comment.

Councillor Zondervan moved to suspend the rules to extend the meeting until 7:30pm
Yea: Carlone, Mallon, Sobrinho-Wheeler, Nolan, Zondervan
Absent: McGovern, Simmons, Toomey

Asantewaa Boykin added that California just passed legislation to provide a Living Wage to peer workers/peer counselors. They pointed out that this work does not always need to be undertaken by a social worker/clinician.

Stephanie Guirand stated that Cambridge should take advantage of its industries to collaborate and build the response system beyond the existing.

Councillor Zondervan requested the Clerk to go to Public Comment.

Susan Ringler, 82 Kinnaird Street, appreciated hearing from the expert panelists and is concerned that there is only one person on the City task force that lives in public housing.

Valerie Bonds, 808 Memorial Drive, stated that the presentation had a limited amount of facts and does not respect the history of the Council. She doesn't feel the compared communities are comparable to what happens in Cambridge and hopes the task force will engage in a more balanced presentation.

Mike Nakagawa, 51 Madison Avenue, cited an example of a negative officer-involved incident and deficiencies in filing a formal complaint with the Police Review Board, which underscores the need for community trust of the police.

Charles Hinds, 207 Charles Street, shared the experience of East Cambridge having a Neighborhood Sergeant who attends community meetings and the positive impact this has had on the neighborhood.

Kathy Watkins, 90 Fawcett Street, supports representation that is outside of the Cambridge power structure.

Vice Mayor Mallon motion to adjourn
Yea: Carlone, Mallon, Sobrinho-Wheeler, Nolan, Zondervan
Absent: McGovern, Simmons, Toomey

1. A communication was received from The Black Response transmitting a presentation to the Public Safety Committee meeting on Jan 19, 2021.

Committee Report #2
Date: Wed, June 2, 2021, 5:30pm, Sullivan Chamber

The Ordinance Committee met to conduct a public hearing on an order to amend the Municipal Code of the City of Cambridge to insert new section Restricting the Use of Chemical Crowd Control Agents and Kinetic Impact Projectiles.

Present: McGovern, Mallon, Nolan, Siddiqui, Simmons (late), Sobrinho-Wheeler, Zondervan
Absent: Carlone, Toomey

Councillor McGovern called the meeting to order and opened the floor to Councillor Sobrinho-Wheeler.

Councillor Sobrinho-Wheeler stated that tear gas has been banned by international law, including the Chemical Weapons Convention and the Geneva protocol for decades. Tear gas has not been used in Cambridge since the 1970s, but it has been used by police departments around the country in the last year, including in Boston. According to the Centers for Disease Control and the American Lung Association, tear gas can cause chemical burns, allergic reactions, and respiratory failure. The long-term effects of serious exposure can include glaucoma, cataracts, and breathing problems. Kinetic impact projectiles, like rubber bullets, which are also covered under this ordinance can cause permanent damage such as the loss of eyesight. In the past year, cities across the country have passed similar ordinances restricting the use of chemical weapons like tear gas and kinetic projectiles. Those cities include Berkeley, California; Philadelphia, Pennsylvania; New Orleans, Louisiana, and Somerville. The ordinance would prohibit the use of tear gas, chemical weapons, and kinetic projectiles like rubber bullets by the Cambridge Police Department. It does provide narrow exceptions in some circumstances.

Attorney Jeffrey M. Feuer stated that the ordinance is designed to address the dangers posed by weapons used by the police that are indiscriminate, that cannot be carefully targeted at individuals. He stated that research has shown that chemical crowd control weapons are not effective weapons for the police to control crowds. The first part of the ordinance proposes to ban the use of chemical crowd control weapons all together. Kinetic impact projectiles are restricted but not completely banned. The ordinance must be posted in a prominent and visible place in police stations, that the Cambridge police notify other law enforcement agencies about the ordinance and that other department follow this rule within the City of Cambridge.

Nancy Glowa, City Solicitor, stated that the communication from Attorney Feuer does not differentiate between the forms of government in towns with a board of selectmen vs. Cambridge which has a city council, that is the legislative body and the city manager who is the executive of the municipal government. She stated that state law gives the power to the city manager and the police commissioner to determine what weapons police officers may carry. She stated that in December of 2020 the state enacted a police reform law which addresses the use of tear gas and rubber bullets by municipal police officers.

Branville Bard, Police Commissioner, explained that last year he ordered all tear gas inventory destroyed. His stated that issued an order banning the use of tear gas and he felt that this is the most legitimate way to ban these items.

In response to questions from Councillor Simmons about the practical application of the proposed ordinance, Commissioner Bard stated that he could not force other departments, who have jurisdiction in Cambridge to follow the ordinance, like the state police or the Middlesex County Sheriff's Department.

Solicitor Glowa stated that the City Council does not have the authority to prevent the Police Commissioner from allowing the use of such weapons.

Councillor Simmons stated that the ordinance should acknowledge that the City of Cambridge has not used tear gas for several years.

Vice Mayor Mallon expressed concern about the lingering mental health effects for folks who are peacefully protesting and are sprayed with chemical agents.

In response to a question from Vice Mayor Mallon about the consequences of passing the ordinance, Solicitor Glowa stated there is no reviewing body for city ordinances like there is for town bylaws. Laws that are passed by the Council are presumed valid unless struck down by a court of competent jurisdiction. That does not mean, however, that the council has the unfettered right to pass laws that are beyond the council's authority. Someone could bring an action to invalidate the ordinance. She explained that if the lawsuit was brought by the city manager than there would by a conflict in the law department and outside counsel would have to be hired.

Vice Mayor Mallon explained that other communities have passed a similar ordinance. She felt that the city council had authority to adopt this ordinance.

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

Attorney Feuer disagreed with the city solicitor as to the authority of the city council to pass the ordinance. The state legislature has said that cities and towns are basically interchangeable in that cities shall have all of the powers of towns and such additional powers as are granted to them by their charters. He stated that an individual officer has the ability to decide to use pepper spray or mace. He believed that the only person likely to bring a lawsuit about this is a police officer. In which case the city should defend it.

Councillor Nolan thanked the commissioner for destroying the tear gas inventory. She stated that she supported implementing any rules to keep citizens safe. She asked the commissioner for more information about what the council can do to encourage safer practices by the department.

Commissioner Bard stated that the ordinance limits the use of certain things against peaceful demonstrators and peaceful protesters not necessarily banning their use. He stated that officers carry Oleoresin Capsicum spray and have the discretion to use it. He explained that officers use kinetic weapons as a form of de-escalation in situations where lethal force would be appropriate. He stated that banning the use of kinetic weapons, eliminates a less than lethal tool.

Councillor Zondervan supported moving forward with the ordinance.

Councillor McGovern supported amend the ordinance to state that the city has not used tear gas since 1972. He stated that it is important to note the proactive steps that the commissioner has taken in this regard.

In response to a question from Councillor Marc McGovern about having the city manager file to ordinance, Solicitor Glowa stated that the city manager could promulgate a policy but it is within the purview of the police commissioner to determine what weapons need to be used to defend the police officers and to defend the public in carrying out their police function.

Commissioner Bard stated that the city manager has the authority to promulgate that policy and it would be binding, but it would need council action.

Solicitor Glowa, stated that the manager has no legislative authority, just like the council, has no executive authority. She stated that regardless of who filed it, the ordinance would not be permissible legislation.

Councillor Sobrinho-Wheeler stated that this ordinance would apply to other law enforcement agencies under the jurisdiction of Cambridge and not just the police department. He stated that the local eviction moratorium applied to the Middlesex sheriff's office. He stated that the ordinance language does provide exceptions for use of non-lethal weapons. He encouraged the council to adopt the ordinance.

Councillor Nolan stated that it was odd that neither the city manager nor the city council could promulgate this ordinance.

Councillor Sobrinho-Wheeler moved to amend paragraph (a) titled “PURPOSE” to read as follows: "The purpose of this Ordinance is to restrict the use of chemical crowd agents and kinetic impact projectiles in order to protect residents of Cambridge from the indiscriminate, dangerous, and even fatal impacts of such devices, especially during lawful protests and/or demonstrations. These devices can have significant impacts on both the physical and mental well-being of residents that choose to exercise their First Amendment rights by participating in demonstrations, as well as innocent bystanders. Though the Cambridge Police Department has not utilized tear gas in any capacity over the past 30 years, and the Cambridge Police Department’s administration specifically prohibits the use of tear gas via a department issued policy #408, the City Council wishes to do everything in its power to ensure tear gas, other chemical crowd control weapons, and kinetic impact projectiles are not used indiscriminately in Cambridge in the future."
Yea: Mallon, Nolan, Sobrinho-Wheeler, Zondervan, McGovern
Absent: Carlone, Simmons, Toomey, Siddiqui

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

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

Documents Received:

Order to amend the Municipal Code of the City of Cambridge to insert new section Restricting the Use of Chemical Crowd Control Agents and Kinetic Impact Projectiles

A communication was received from Councillor Dennis J. Carlone, transmitting a communication regarding attendance.

A communication was received from Councillor Jivan Sobrinho-Wheeler, transmitting letters of support for limiting chemical and kinetic crowd control.

Proposed Order     Aug 2, 2021
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR CARLONE
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN

WHEREAS: The use of tear gas and other chemical weapons in warfare has been prohibited by international law since the 1925 Geneva Protocol banned its use along with other chemical weapons; and

WHEREAS: Tear gas continues to be used against civilians in the United States, including as recently as this year against protesters in Boston, Philadelphia, and Washington D.C.; and

WHEREAS: Exposure to tear gas can and other crowd control weapons can cause harmful effects immediate chemical burns, allergic reactions, and respiratory failure in people with preexisting respiratory conditions like as asthma and chronic obstructive pulmonary disease (COPD) according to the American Lung Association; and

WHEREAS: According to the Centers for Disease Control, long-term effects of tear gas can include glaucoma, cataracts, and breathing problems such as asthma; and

WHEREAS: Tear gas is not included in the Cambridge Police Department’s list of Approved Less-Than-Lethal weapons in its current Policy & Procedures document; and

WHEREAS: The Cambridge Police Department has not utilized tear gas in any capacity over the past 30 years, the Cambridge Police Department’s administration specifically prohibits the use of tear gas, Police Commissioner Branville Bard worked to ensure that all tear gas in the department was disposed of upon his taking the role as Police Commissioner, and the City Council wishes to do everything in its power to ensure that tear gas is never utilized by the Police Department in the future; and

WHEREAS: There was discussion in Council on codifying the police department actions to strengthen the existing policy on tear gas use through ordinance; and

WHEREAS: As civilians continue to be tear gassed at protests for racial justice around the country, the Cambridge City Council should seek to codify in law the City’s prohibition on the use of this chemical weapon to ensure the permanency of current policy in Cambridge and to demonstrate a model for other municipalities; now therefore be it

WHEREAS: As civilians continue to be tear gassed at protests for racial justice around the country, the Cambridge City Council should seek to codify in law the City’s prohibition on the use of this chemical weapon to ensure the permanency of current policy in Cambridge and to demonstrate a model for other municipalities; now therefore be it

ORDERED: That the Municipal Code of the City of Cambridge be amended to insert the following new section:

2.52.140: RESTRICTING THE USE OF CHEMICAL CROWD CONTROL AGENTS AND KINETIC IMPACT PROJECTILES

(a) PURPOSE

The purpose of this Ordinance is to restrict the use of chemical crowd agents and kinetic impact projectiles in order to protect residents of Cambridge from the indiscriminate, dangerous, and even fatal impacts of such devices, especially during lawful protests and/or demonstrations. These devices can have significant impacts on both the physical and mental well-being of residents that choose to exercise their First Amendment rights by participating in demonstrations, as well as innocent bystanders.

(b) DEFINITIONS

1. Cambridge Police Officers shall mean all cadets, patrolmen, officers, detectives, and superintendents of the Cambridge Police Department.

2. CPD shall mean the Cambridge Police Department.

3. Other Law Enforcement Officers shall mean any law enforcement officers who are not Cambridge Police Officers but who are under the control, authority, or direction of Cambridge Police Officers.

4. Kinetic Impact Projectile shall mean an item or instrument fired from a gun or launcher intended to disorient and/or incapacitate and inflict pain without penetrating the skin, including, but not limited to, rubber bullets, sponge grenades, stun grenades, concussion grenades, flash grenades or flash-bangs, beanbag rounds, Super-Sock rounds, wax bullets, and plastic bullets.

5. Chemical Crowd Control Agent shall mean chemical compounds in any form that cause irritation to the eyes, mouth, throat, lungs, or skin, including, but not limited to, tear gas, pepper spray, mace, inert smoke, pepper pellets, and pepper balls. These chemical compounds may include, but are not limited to, chloroacetophenone (CN), chlorobenzylidenemalononitrile (CS), chloropicrin (PS), bromobenzylcyanide (CA), dibenzoxazepine (CR), oleoresin capsicum (OC), and combinations thereof.

(c) RESTRICTION ON THE USE OF CHEMICAL CROWD CONTROL AGENTS AND KINETIC IMPACT PROJECTILES

1. Cambridge Police Officers and Other Law Enforcement Officers working in the City of Cambridge shall not use a Chemical Crowd Control Agent against any person or persons engaged in a protest, demonstration, or other gathering of more than ten persons of any kind.

2. Cambridge Police Officers and Other Law Enforcement Officers working in the City of Cambridge shall not use a Kinetic Impact Projectile against any person or persons engaged in a protest, demonstration, or other gathering of any kind involving more than ten persons, subject to the exceptions set forth in Paragraph 3 below.

3. Exceptions and Exemptions on use of a Kinetic Impact Projectile:

a. Kinetic Impact Projectiles may be deployed if:

i. an on-scene supervisor at the rank of Captain or higher specifically authorizes such use in response to specific ongoing acts of violence that the on-scene supervisor has personally witnessed, and has determined that such acts cannot be controlled or quelled through any other methods, and has determined that no other reasonable methods of de-escalation will be successful in preventing or controlling such acts.

ii. the on-scene supervisor witness who authorizes such use, or an officer of equal or higher rank, has given at least two separate verbal warnings over a loudspeaker system, including, but not limited to, a vehicle P.A. system or an amplified bullhorn, (a) directing the persons involved in the gathering to disperse, after ensuring that people have a way to exit after a warning is issued, (b) notifying all who could be affected that a failure to disperse will result in the use of a specific Kinetic Impact Projectile that must be announced, and c) notifying all who could be affected that the specific Kinetic Impact Projectile will be deployed within a clearly defined period of time.

(d) ENFORCEMENT

1. The Cambridge Police Department shall take appropriate steps to implement this Ordinance forthwith, including, but not limited to, (1) by posting a copy of this Ordinance in a prominent and visible location in all police stations within the city of Cambridge, (2) notifying all other law enforcement agencies that may operate within the City of Cambridge about this Ordinance and supplying a copy of the Ordinance to each of said agencies, and (3) by incorporating the limitations on the use of force set forth in Section (c) of this Ordinance into officer training regarding the use of less lethal and non-lethal force in policing.

2. Any violation of this Ordinance constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance. An action instituted under this paragraph shall be brought against the City of Cambridge and, if necessary to effectuate compliance with this Ordinance, any other governmental agency subject to this Ordinance.

3. In any civil or criminal action brought under any state or federal statute or constitutional provision arising out of the use of force by any law enforcement officer within the City of Cambridge, the prohibition contained in Section (c) of this Ordinance shall be deemed to be the clearly established law of the City of Cambridge, and any violation of that prohibition shall be considered unlawful.

4. Any person injured or harmed as a result of a violation of this Ordinance may bring an action in any court of competent jurisdiction seeking damages, reasonable attorneys’ fees, court costs, and any other relief that the court may deem appropriate. A prevailing plaintiff injured or harmed by a violation of this Ordinance shall be entitled to recover damages in the amount of three times their actual damages. Nothing in this section shall be construed to limit any individual's rights under State or Federal law.

5. Any violation of this Ordinance by any Cambridge Police Officer shall constitute just cause for such discipline, up to and including discharge, as the Police Commissioner of the City of Cambridge may deem appropriate.

6. All violations of this Ordinance by any Cambridge Police Officer shall be reported in writing, including the names of the offending Cambridge Police Officers or other law enforcement officer, to all City of Cambridge government agencies and departments which have any oversight responsibilities for the Cambridge Police Department, and to all state agencies which have any oversight responsibilities for law enforcement agencies or departments. Such reports shall be a matter of public record to be to be published at least yearly by the City of Cambridge and all such reports shall be made freely available upon request by any member of the public.

(e) SEVERABILITY

1. If any portion or provision of this ordinance is declared invalid or unenforceable by a court of competent jurisdiction or by the Office of the Attorney General, the remaining provisions shall continue in full force and effect.

(f) EFFECTIVE DATE

The provisions of this ordinance, being necessary for the preservation of the safety, health, and security of the public, shall be effective immediately upon passage.

Committee Report #3
Date: Tues, June 8, 2021, 11:00am, Sullivan Chamber

The Economic Development and University Relations Committee will conduct a public hearing to discuss strategies and opportunities to alleviate permit and license fees for small businesses, through possible consolidation or elimination.

Present: Mallon, Nolan, Sobrinho-Wheeler, Zondervan
Absent: Toomey
Also Attending: Siddiqui

Present at the hearing was Naomie Stephen, Executive Assistant to the City Council.

Present via Zoom were Vice Mayor Mallon; Councillor Nolan; Councillor Sobrinho-Wheeler; Councillor Zondervan; Mayor Siddiqui; Paula Crane, Deputy City Clerk; Pardis Saffari, Senior Economic Development Manager; Matthew Nelson, Assistant to the City Manager, Community Relations; City Solicitor Nancy Glowa; David Kale, Assistant City Manager for Fiscal Affairs; Nicole Murati Ferrer, Chair of License Commission; CA Webb, Executive Director of the Kendall Square Association; Denise Jillson, Executive Director of the Harvard Square Business Association; Jason Alves, Executive Director of the East Cambridge Business Association; Nina Berg, Communications and Creative Director of the Central Square Business Improvement District; Ruth Ryals, President of the Porter Square Neighborhood Association; and Theodora Skeadas, Executive Director of Cambridge Local First.

Vice Mayor Mallon convened the hearing and welcomed all present. She read the Governor’s Order regarding remote participation and the Call of the Meeting. She requested a Roll Call to indicate a quorum for the hearing.

The roll was called and resulted as follows:
PRESENT: Vice Mayor Mallon, Councillor Nolan, Councillor Sobrinho-Wheeler, and Councillor Zondervan -4
ABSENT: Councillor Toomey -1
and a quorum was present.

Vice Mayor Mallon read from a prepared written statement (ATTACHMENT A). She thanked the Business Association leaders for their input and insight into this meeting over the last month. The City has been taking a hard look at where and how we can support new and existing businesses over the past several years. As part of these conversations, she has heard that some license and permit fees are overly burdensome, while others feel nitpicky and outdated, and should be eliminated. This conversation has gained more momentum, as the City decreased permit and license fees to 40% of the original cost, or temporarily eliminated them during the COVID-19 pandemic, including this year.

Vice Mayor Mallon stated that we cannot think about permit fees in a vacuum. She said that on top of these fees, many small business owners face other high costs, like additional insurance requirements or an attorney for those going before the Board of Zoning Appeals or License Commission. Some fees feel nitpicky and outdated, and it is not necessarily the cost involved, but the stress and frustration of having to pay another fee. She gave the examples of the milk fee and the frozen dessert fee, which are each ten dollars a year, and the private patio fee of $250, which popped up a few years ago without explanation, and could be eliminated.

Vice Mayor Mallon said that she has heard about larger issues that small business owners brought up as we were preparing for this meeting. Surveyed Business Association members expressed a high demand for outdoor dining. The Cambridge-based .75% meals tax, which the City opted into, should be expended on direct support to restaurants. A streamlined licensing and permitting process is also desirable, and could include keeping the Viewpoint software that was introduced during the pandemic to limit the need for in-person document submission, as well as maintaining the increased responsiveness from the License Department. We must ensure process efficiency in all the ways that businesses interface with City Departments, and she looks forward to hearing from the Community Development Department (CDD) on their Process Efficiency Study and recommendations, the report for which should be completed soon.

She invited City staff to begin their presentation.

Assistant City Manager Kale said that the City has had to revamp the way it does business throughout the pandemic to continue serving the community, especially through virtual platforms. This work continues to evolve as we transition to the new normal. Businesses need all the support possible, and City resources for them have included over $4.3 million in grants and loans, $1.3 million in the shelter meals program, and virtually 24/7 customer service. CDD, the Department of Public Works, the Finance Department, the Fire Department, the Information Technology Department, the Inspectional Services Department (ISD), the Law Department, the License Commission, and the City Manager’s Office all worked tirelessly to support our small businesses as they navigated a changing landscape, all while under COVID restrictions.

He stated that our business community were key partners in public health efforts by abiding by mandates, supporting their staff, and pivoting their operations. We are continuing to implement temporary fee reductions as we transition into the recovery phase, which will amount to almost $2 million in savings for small businesses over a two-year period. The City will continue to adapt and collaborate with partners to implement more effective practices, while reviewing if additional policy changes are needed.

Pardis Saffari, Assistant City Manager Kale, and Matthew Nelson gave a summary of their PowerPoint presentation (ATTACHMENT B).

Vice Mayor Mallon thanked them for the presentation. She invited the Business Association Leaders to share what they have been hearing from their members.

C.A. thanked City leadership and staff for the consistent focus on the wellbeing of our small businesses. She said that the policies we set and the barriers we remove in the next months will set the tone for a long time, and will have a direct bearing on whether our businesses will be able to recover from the impact of this pandemic. She stated that, without office workers or a dedicated housing base, the pandemic hit Kendall Square especially hard. Kendall Square is attractive because of the power of proximity, and it is in our best interest to see our Main Street businesses thrive. City staff need to give a strong commitment for streamlining processes so small business owners can minimize the time they spend interacting with City staff, rather than running their businesses. She supports reducing and eliminating license and permit fees, as the revenue is immaterial to the City, and City staff can be put to better use elsewhere. The user experience should be streamlined with a one-stop-shop, and the Table of Land Use update will hopefully lead to ground-floor retail activation. We should remain mindful of the American Rescue Plan, which will dedicate federal funds to communities like ours to mitigate the financial impacts of COVID, and develop a strategy on the best use of them. She hopes the City will continue to collaborate with the Business Associations.

Jason Alves thanked City staff for their help this past year. He said that many years ago, we talked about tax rates, and determined that we would not be able to tax small businesses at a lower rate than big businesses. We instead looked at finding other ways to reduce costs for small businesses, including reducing license and permit fees that will add up and make a big difference. He has heard feedback that City policy creates exterior fees, like insurance requirements, that layer on, and lowering these fees will make our retail environment more competitive for prospective business owners. The City has proven that it can reduce fees in the worst of times, so hopefully it can carry those reductions forward. Viewpoint has been a huge help, but he suggested allowing multiple users on a Viewpoint account, so both business owners and contractors can access it.

Vice Mayor Mallon stated that they had previously discussed potential software that would compare the fees that Cambridge charges small businesses, to those charged by surrounding communities, so we understand what small business owners see when they decide where to set up shop.

Denise Jillson thanked the City Council, City staff, and the community for their tremendous work. She said that the 15% fee cap for third-party delivery services is a huge win for small businesses, and El Jefe’s retained $70,000 of its own revenue through that cap. Alcohol delivery and strides made with outdoor dining have also been helpful, and these measures should be extended, if not made permanent. She said that outdoor dining makes street safer, since traffic naturally slows down and there are more eyes on the street, especially in clusters around business squares. Harvard Square has welcomed some new businesses throughout the pandemic, and some existing small businesses moved to larger locations or renovated their spaces. Saturday closures of Brattle Streets began. She said additional funds should be allocated to the Office of Tourism because more foot traffic is needed in this highly competitive situation. Returning Harvard staff and students will help, but we need to do more to attract visitors until foot traffic levels return to pre-pandemic numbers.

Vice Mayor Mallon said that Cambridge is joining a Tourism Destination Marketing District with Boston that will collect fees from hotel guests, but it will take some time for that revenue to come in. She said we need to look at additional supports to remain competitive as we wait for that money. She invited questions from Committee members.

Mayor Siddiqui said that it will be a long, difficult road to recovery, and she supports the requests of Business Association Leaders to remain responsive and do more for small businesses. She has reached out to the Finance Committee Co-Chairs about the American Rescue Plan funds, and they are thinking about how to gather information and respond to questions on how that money will be allocated to further the City’s goals.

Councillor Nolan said this has been a tough year for small businesses. She endorses the idea of eliminating relatively small fees, and while Assistant City Manager Kale said property taxes may need to go up to offset those costs, it often costs more to issue invoices for small fees, than the amount collected. She asked if there are any other fees we have looked at? Gas stations pay weights and measures fees that have not been addressed in this presentation, so she wonders if we have looked at a comprehensive list of all small business fees?

Assistant City Manager Kale said that they are looking at weights and measures, but they are focusing on fees that especially help small businesses, and many businesses that must pay the weights and measures fee are chains. Some fee reductions are a starting point, and City staff is continuing to examine potential fee reductions.

Councillor Nolan said that if some small businesses are impacted, they should not be penalized because some fee payers are chains. She thinks it is odd that, if someone has an unpaid City bill, they are not eligible for City relief, as it feels counterintuitive. She has heard feedback that coordination across departments is difficult, and businesses need certainty when interacting with the City, including journey maps. Can City departments make a commitment to replying within a certain number of hours to ensure coordination is seamless?

Pardis Saffari said that the Economic Development Division (EDD) is looking at journey maps that include expected response times and points of contact. They are looking at an interdepartmental small business portal so business owners can better understand the process when applying for a permit or license.

Matthew Nelson gave extended outdoor dining as an example of interdepartmental coordination, and that most restaurants who applied for expanded outdoor dining space received a response within three days.

Chair Murati Ferrer stated that public patio turnaround time averaged three to five days total, including review and approval by separate departments. The next step for business owners was getting an executed City Manager’s agreement, which took an average of one to two business days. The turnaround time for private patios was even faster.

Re: allowing multiple users on Viewpoint, Assistant City Manager Kale said that business owners can add a guest user who will receive communications and notifications of different requirements.

City Solicitor Glowa said that a mandated response time cannot be required, since sometimes the applicant has not provided all the required materials. City staff should focus on streamlined internal coordination.

Councillor Nolan said that she has heard feedback that coordination does not always happen, and if we cannot create a mandate, there should still be an expectation for getting back to small businesses in a timely fashion.

Councillor Sobrinho-Wheeler stated that this is an important conversation to have as we come out of the pandemic and into economic recovery. He asked how license and permit fee costs are determined by the City? He said that, for example, development fees are required by law to be based on exactions. Are permit and license fees determined on the same principle?

Assistant City Manager Kale responded that fees are generally determined by either state law, by ordinance, or administrative calculation. He said fees are meant to cover the cost of administrating them. City staff does not necessarily control each cost associated with fees.

City Solicitor Glowa said she agrees, and that the City has the authority to set reasonable fees associated with costs to process the application and service the business, if, for example, inspections are needed. The City does not have the authority to set fees higher than those costs, as it would count as a tax, intruding into state authority.

Councillor Sobrinho-Wheeler asked how many fees are set by state law? If so, how specific are the regulations?

Assistant City Manager Kale said he will calculate the percentage later, and this is a component of our fee structure.

Councillor Sobrinho-Wheeler asked if state law requires us to impose a specific dollar amount for fees?

Assistant City Manager Kale responded that it depends on what the service is. If it is based in state statue and based on CMRs issued by the state, that is the fee charged.

Councillor Sobrinho-Wheeler asked if those numbers are adjusted for inflation or updated every certain number of years?

Assistant City Manager Kale state that these number are not typically adjusted for inflation. The State Legislature or the State Department with authority over these fees may update them.

Councillor Sobrinho-Wheeler said he would be interested to see a breakdown of fees set at the state level, versus those set at the municipal level. He said we can look at what other municipalities are doing and be more creative in eliminating unnecessary fees. In total, how much annual revenue does the City generate from these licenses and permits? He wants to get a sense of how hard this revenue would be to replace if these fees were eliminated.

Assistant City Manager Kale responded that the City receives roughly $90 million for all charges for services.

Councillor Sobrinho-Wheeler asked if that number is just license and permit fees, or charges for other services?

Assistant City Manager Kale stated that the number includes water utility, sewer utility, parking, as well as other fees and charges.

Councillor Sobrinho-Wheeler asked how much revenue is generated from license and permit fees specifically?

Assistant City Manager Kale responded that water and sewer account for approximately $70 million of that number.

Vice Mayor Mallon said that the 40% reduction in license and permit fees totaled $880,000, and ISD is proposing an additional $120,00 in relief. She said that one action they could take during this meeting is requesting information on business permitting and fees.

Assistant City Manager Kale stated that license and permits account for $27 million in the budget, while charges for services account for $9 million.

Councillor Zondervan stated that some of those permit fees likely include building permits, so the true number could be lower. It would be helpful to get an idea of how much revenue is generated from small business license and permit fees specifically. He supports Councillor Nolan’s comments on streamlining contact with City departments. A restaurant owner he has been working with never got outdoor seating because the process is complicated and requires insurance.

Vice Mayor Mallon moved to public comment.

Duong Huyng, Owner of Cicada Coffee Bar, 12:16pm. She said her business opened in February, and she wants to share her fresh experiences with the permitting process. City staff were enthusiastic about helping. Kinks in the processes end up costing them in unexpected ways, like an unforeseen delay in opening forcing them to pay high rents without bringing in revenue. She said navigational tools should be created, like a permitting checklist. The City should conduct interviews with small business owners, especially new small business owners, to discover those kinks and quickly troubleshoot.

Vice Mayor Mallon said new business feedback is incredibly important, and that the processes can incur substantial costs that add up, like rent and attorney fees.

Councillor Nolan made a motion to close Public Comment. The roll was called and resulted as follows:
YEAS: Vice Mayor Mallon, Councillor Nolan, Councillor Sobrinho-Wheeler, and Councillor Zondervan -4
ABSENT: Councillor Toomey -1
and Public Comment was closed.

Assistant City Manager Kale said that our commercial property tax rate is sometimes half that in other communities, saving small businesses money. Our Fire Department also has a Class 1 designation, and that impacts the commercial insurance rate, bringing down additional costs.

Councillor Nolan stated that most small businesses do not own their space, so the high rent they pay is more significant.

Assistant City Manager Kale responded that commercial property taxes are rolled into rent costs, so having a lower tax rate impacts them.

Vice Mayor Mallon invited Theodora Skeadas to share her thoughts.

Theodora Skeadas said the City’s flexibility with outdoor dining, work at Starlight Square, and permitted residential kitchens have been very helpful, as well as its partnership with Cambridge Local First. She wants to share ideas for improvement from local businesses. The City should more proactively communicate with the small business community on projects so they can advocate for their interests. Streamlined coordination among City departments would help. Some policies have a disproportionate and adverse impact on small businesses, like the plastic bag ban, and the City should consider exemptions for small businesses or providing transitional resources. City contracting with local businesses should be increased, and the impact of Amazon on our local businesses should be considered. Many fees should be reduced, while outdated fees should be eliminated entirely. Simplifying and streamlining processes and responses would be helpful. She wants to ensure American Rescue Plan funds go directly to small businesses, and the City should continue partnering with local Business Associations to gather insight and ideas. More market and pop-up spaces should be provided in high traffic areas. Low-tech incubators need space as well. There should be increased focus on minority and women-owned businesses, including collecting data and conducting a spending disparity study.

Vice Mayor Mallon stated that the City is putting together an RFP for a spending disparity study. We expect to get a report back next year, and, depending on the results, we can then implement a sheltered market program to support minority-owned businesses.

Matthew Nelson said that the restaurant that Councillor Zondervan referenced earlier is getting patio furniture now, and has been approved.

Councillor Zondervan expressed his gratitude for the update. Should we submit a policy order to get a report on fees collected and which are eligible for reduction or eliminated?

Vice Mayor Mallon explained that the City Clerk’s Office is backed up on Committee Reports, so submitting a policy order for the next Monday night’s general City Council meeting would be more efficient.

Councillor Nolan asked how the City has ensured that resources are available to business owners who do not speak English. Some other communities have automatic translations of their website. Is this a need in the community?

Pardis Saffari responded that EDD’s small business guide has been translated into multiple languages, and they are working to ensure their journey maps are easily translatable, while exploring the possibility of translating other materials.

Vice Mayor Mallon asked if they use a telephone translation service to ensure City staff can connect with small business owners regardless of language barriers?

Pardis Saffari answered that EDD has a heavily used interpretation service, and will make sure to use them during office hours.

Councillor Nolan said that while non-English speakers may make up a small part of our local business community, it is critically important to address barriers. She looks forward to seeing the journey maps.

Vice Mayor Mallon stated that the Family Policy Council is working on a language justice initiative. $250,000 was allocated for interpretation services in this year’s budget. More than a few business owners do not speak English as their first language, and the Family Policy Council will be coming forward with recommendations and a funding request this fall.

Vice Mayor Mallon thanked City staff for their hard work during this stressful year as small businesses experience unprecedented devastation. She has heard that there is a huge appreciation for the way City departments have come together to support small businesses. The one-stop-shop for patios was very helpful, and she wonders where else the City can implement this one-stop-shop model? Streamlining processes decreases costs, stress, and delays.

Matthew Nelson responded that the one-stop-shop was set up early on in the pandemic, and it is part of our ongoing planning on where we can implement similar applications.

Chair Murati Ferrer said that the one-stop-shop creates workflow steps. These departments are now in Viewpoint, and the City’s plan is to enroll all departments into the software eventually. As more departments enroll, it will be easier to streamline these processes for the businesses.

Vice Mayor Mallon said that the City should prioritize enrolling departments in Viewpoint. We should be mindful of the sense of urgency for small businesses even as public health restrictions relax. She said that the Local Rapid Recovery Program Survey feedback reported that 65% of small businesses cite parking and zoning regulations as hurdles. Will those be alleviated by the Table of Land Use update?

Pardis Saffari confirmed that they will be alleviated. That survey was a state-mandated survey, and EDD could not alter questions to be more specific about which zoning regulations were hurdles, but she believes most of these concerns are addressed in the Table of Land Use update.

Vice Mayor Mallon said ISD is issuing temporary waivers for the food handlers permit, the milk permit, the bakery permit, and the catering establishment permit, totaling $120,000 in savings for small businesses. Why were these fees chosen, and are they potential candidates for complete elimination? Why was the frozen dessert permit not included?

Assistant City Manager Kale answered that they looked at smaller fees to start this process and see the impact this would have. We still have to collect the information even if we do not collect a fee, and we are gathering information on smaller fees and low volume fees.

Vice Mayor Mallon said that these small fees feel nitpicky, and that it takes more to process the bill than the revenue is worth. $120,000 is not a huge hit for the City and would not impact property taxes, but could make a big difference for some businesses. Outdoor dining is popular, and there is a lot of community interest in maintaining patios to enliven our streetscape and support small businesses. When should we expect the City Manager to come forward with a request to extend his sidewalk use permit authority? There is a lot of anxiety in the restaurant community that outdoor dining will go away.

Matthew Nelson responded that this authority has been extended through sixty days past the end of the state of emergency. The City Manager can come to the City Council for an extension.

City Solicitor Glowa agreed, saying that the City Council can extend that granting authority. It is a question of whether it will be bundled with other forthcoming initiatives.

Vice Mayor Mallon asked if the City Manager could technically ask for this extension separately, without bundling it with other initiatives?

Assistant City Manager Kale answered that they would take her comment back to the City Manager. They are trying to do this in a thoughtful and consistent way, even if it takes a bit longer.

Chair Murati Ferrer added that the City has 168 annual patios, and 52 are exclusively in public land, 7 are in a combination of public and private land, and 110 are on private property. The use of outdoor areas has been around for a while and will continue, but these temporary extensions have been fantastic. She said that the License Commission has voted to extend through the legislative extension or towards the end of the year. There are about 132 extensions right now, with 63 being new patios, and 100 being in the public way.

Vice Mayor Mallon said she appreciates the thoughtful work happening behind the scenes, but there is not a lot of communication about the work being done. If the City Manager will not soon request an extension of that authority, we need to communicate this with our restaurants.

Chair Murati Ferrer stated that she has ensured communication with businesses with and without patios about this extension has been happening.

Vice Mayor Mallon stated that she saw the communication from the License Commission, and that her comments are directed towards the City Manager’s Office. On the meals tax and the hotel/motel tax, she understands that the City does not want to fund programs with specific revenues over the general fund.

The City has opted into a Cambridge-specific meals tax, but has not intentionally reinvested that revenue into our small business community. We should think about getting creative with that tax and being intentional about saying what it is used for.

Assistant City Manager Kale said that the meals tax took a 50% reduction, while the hotel/motel tax took a 75% reduction. The state is deferring businesses’ payments of these taxes until October, and we collected less than $150,000 in the previous year. We offer programs for small businesses that do not necessarily get funded by these taxes directly, but they provide revenue to support City programs in general. The reductions in this tax revenue does not prevent us from being creative with small business support.

On a motion from Councillor Nolan to extend the hearing to 1:05pm, the roll was called and resulted as follows:
YEAS: Vice Mayor Mallon, Councillor Nolan, and Councillor Zondervan -3
ABSENT: Councillor Sobrinho-Wheeler, Councillor Toomey -2
And the hearing was extended by five minutes.

Vice Mayor Mallon said she thinks it is a longer conversation on how to use these taxes to support our restaurants more intentionally when their revenues return to pre-pandemic levels. She said this was a good conversation and she is appreciative for the Business Association Leaders providing the background information for this meeting. There are a number of next steps, and the City Clerk has recommended we put policy orders in for the next City Council agenda, rather than in this hearing’s minutes, to expedite them. This is an ongoing conversation, and she is looking forward to ISD’s reduced fees, and EDD’s Process Efficiency Study. She thanked everyone for being here.

On a motion from Councillor Nolan to adjourn the hearing, the roll was called and resulted as follows:
YEAS: Vice Mayor Mallon, Councillor Nolan, and Councillor Zondervan -3
ABSENT: Councillor Sobrinho-Wheeler, Councillor Toomey -2
The hearing adjourned at 1:02pm.

For the Committee,
Vice Mayor Alanna M. Mallon, Chair

A communication was received from City Manager, Louie DePasquale, transmitting a presentation regarding a review of services and programs City staff provided under the emergency.

A communication was received from Vice Mayor Mallon, transmitting opening remarks for the June 8, 2021 Economic Development and University Relations Committee hearing.

Committee Report #4
Date: Tues, June 29, 2021, 11:00am, Remote Meeting

The Government Operations, Rules & Claims Committee met to discuss the hiring of the next City Manager.

Present: Simmons, McGovern, Sobrinho-Wheeler, Toomey, Zondervan
Also Present: Siddiqui

Councillor Simmons called the meeting to order.

In addition to the committee members, Councillor Carlone, Vice Mayor Mallon and Councillor Nolan were also present.

Councillor Simmons explained that she created a template for a consultant-led city manager search process upon which the Government Operations committee members could base this initial discussion. The template is attached to these minutes. She also invited Bernard Lynch from Community Paradigm Associates, LLC to provide input about how communities conduct City Manager searches.

Mr. Lynch stated that over time the needs of communities change from one manager to the next manager. This is a great opportunity to step back and think about the needs of the city moving forward. The process should include an opportunity to have stakeholder engagement, have Councillors play a role in identifying what they are looking for from the next manager, as well as gain information from citizens as well as key staff members and community leaders.

In response to questions from Councillor Simmons, Mr. Lynch explained that it is crucial for communities to incorporate some consideration of the specific needs that the community is currently facing. He stated that in his experience, the process usually takes three to four months, and in a community with the complexity of the City of Cambridge the process should not take more than 18 to 20 weeks. He suggested that the finalists spend some time and learn about the community, and have the community learn about them. He recommended against conducting the review by the committee of the whole, as any resumes and other items submitted to the committee of the whole would be made public under the open meeting law. Mr. Lynch stated that candidates would want to have the confidentiality of their application maintained until they become finalists. He added that an open-ended charter review process may discourage some applicants from engaging in this process, if they feel that the outcome would lead to their authority being transferred to a mayor.

In response to a question from Councillor Zondervan about the use of the Committee of the Whole, Mr. Lynch stated that the council is not able to go into Executive Session to consider candidates. The only group that's allowed to go into Executive Session to consider candidates is a preliminary Screening Committee, which cannot include a majority of the Council.

In response to a question from Councillor Sobrinho-Wheeler about getting a diverse pool of candidates, Mr. Lynch explained that he just finished a town manager search for the town of South Hadley, that came down to two finalists, one was a woman of Asian American background, and a city manager from outside of Massachusetts who is a person of color.

In response to a question from Councillor McGovern about expanding the pool of candidates, Mr. Lynch stated that it is useful to look outside of the normal pool of candidates. He stated that about 40% of the searches Community Paradigm has conducted have resulted in a woman being appointed. Mr. Lynch does reach out to institutions of higher education, that have public management programs, non-profit sector leaders, and retired military leaders.

In response to a question from Councillor McGovern about public outreach prior to the search process, Mr. Lynch stated the city should take the time with the Councillors, with the staff, and with the public, and have listening sessions about the role of the next City Manager. The city should hold a series of one or more meetings with the public to get their perspective on what should be looked for in the next manager.

Councillor Toomey stated that he hoped to get a consultant on board soon and have that consultant start meeting with community members to get the vision of the next couple of years.

In response to a question from Councillor Zondervan about the on-going charter review process, Mr. Lynch stated that the charter review process may affect the quantity and quality of candidates, particularly out-of-state candidates. Having someone relocate for a job that is going to potentially disappear in two years or be drastically different than what they initially signed on for will cause some concerns from potential candidates. City managers have an ethical requirement to stay at least two years in a community.

Councillor Sobrinho-Wheeler spoke in support of having as many councillors as possible involved in the selection process. He reiterated how important it is to find the right person, not just based on qualifications on paper or experience, but how they are going to work with the council and implement the vision of the city. He said he did not think that the charter change process will affect the city manager search.

In response to a question from Councillor Sobrinho-Wheeler about term-limits for City Managers, Mr. Lynch stated that he is not aware of any communities where that is used. He added that the council has the power to change the manager at the completion of their contract.

Councillor McGovern stated that depending on how extensive the charter changes will be, he believes it could affect the city manager candidate pool. Particularly, he agreed that candidates that may be from another part of the country may have pause about showing an interest in upending their lives to move to a community where the job they are moving for may disappear or dramatically change.

Councillor Nolan stated that the charter change memorandum noted that there is not an appetite to change the form of government. She stated that she believed that the search could occur in a committee of the whole based on her experience hiring a superintendent during her time on the school committee.

In response to a question from Councillor Nolan about the impact of an internal candidate on the search, Mr. Lynch stated that internal candidates do affect the candidate pool and that is why confidentiality is important.

Vice Mayor Mallon stated that she was the mayor’s education liaison during the superintendent search that Councillor Nolan mentioned, and that she did think that the Open Meeting Law did prohibit a committee of the whole of the school committee from reviewing the candidates in executive session.

In response to a question from Vice Mayor Mallon about the RFP process, Elizabeth Unger, Cambridge Purchasing Agent, stated that the city would not want anything in the RFP to be released that could give one potential consultant an advantage or a leg up in the process. She stated that she would work with the City Solicitor to ensure that the Council’s concerns are reflected in the RFP process.

Vice Mayor Mallon stated that she would not want the search to be confined just to people with past City Manager experience.

In response to a question from Councillor Carlone about the impact of the retirement plan on the search, Mr. Lynch stated that the retirement system is seen by many as being very generous. He stated that because those benefits are based on years of service, it may not be as attractive to a mid-career person who does not already have time in the system.

Councillor Sobrinho-Wheeler stated that he felt that it was appropriate for the council to have its own attorney for the city manager search process.

Nancy Glowa, City Solicitor, stated that the phase where Council would have assistance of legal counsel is in actually negotiating the contract with a city manager, not in the RFP process.

Councillor McGovern offered a motion to extend the meeting to 1:30pm PASSED.

Councillor Simmons asked for comment about sections of the memorandum that she distributed. She clarified that Mr. Lynch had not been hired to conduct the search, and that she had merely invited him to this hearing to provide information about this process.

Councillor McGovern stated that there should be more extensive outreach to the community conducted than was articulated in Phase 1 of Councillor Simmons’ memorandum. He encouraged meetings in as many public venues as is feasible.

Councillor Sobrinho-Wheeler stated that he wanted to council to have input in the RFP that will lead to the selection of the search firm.

Councillor Zondervan expressed some confusion about the timeline for the phases articulated in the memorandum.

Councillor Toomey moved to forward the following policy order to the full council:
MOTION: That the City Manager be and hereby is requested to appropriate the sufficient funding to hire a City Manager Search Firm consultant.

In response to a question from Councillor Sobrinho-Wheeler on presenting the RFP to the Council for approval, Ms. Unger stated that she would advise against distributing the RFP, publicly before it is advertised.

Councillor Sobrinho-Wheeler felt strongly that the Council should have input on the final RFP for the search firm.

Ms. Unger stated that once the RFP is finalized, which she anticipated would involve input from this committee, that document should not be shared beyond the confines of that group prior to the document being advertised publicly because it will taint the process that is required for an RFP. She added that in order to use RFP process under MGL Chapter 30B, the threshold has to be over $50,000.

In response to a question from Councillor Zondervan about reviewing the RFP in executive session, Solicitor Glowa stated that she did not think that would be one of the permissible reasons for going into executive session, but she would look at that more closely and get back to the body.

Councillor Toomey moved to forward the following policy order to the full council:
That the City Manager be and hereby is requested to appropriate sufficient funding to hire a City Manager Search Firm consultant.
Yea: Simmons, McGovern, Sobrinho-Wheeler, Toomey, Zondervan

Councillor Sobrinho-Wheeler moved that Councillor Simmons and Councillor Sobrinho-Wheeler of the government operations committee review any RFPs or other search process produced to hire a city manager search firm consultant.
Yea: Simmons, McGovern, Sobrinho-Wheeler, Toomey, Zondervan

Councillor Sobrinho-Wheeler expressed confusion about the process articulated in the memorandum that the consultant would do some additional screening and decide who was qualified. Then there would be a separate screening committee that would narrow down to four or five finalists, and that those finalists would be presented to the council. Councillor Sobrinho-Wheeler advocated for a mechanism that would allow the council to reject all the finalists if they did not like the slate.

In response to a question from Councillor Zondervan about the composition of the screening committee articulated in the memorandum, Councillor Simmons stated that she anticipated potentially having each member of the Government Operations Committee nominate a person.

Solicitor Glowa stated that two members of the government operations committee could sit on the screening committee without violating the open meeting law.

Councillor Zondervan moved to extend the meeting to 1:45pm.
Yea: Simmons, McGovern, Sobrinho-Wheeler, Toomey, Zondervan

Councillor Simmons opened the floor to comments from the public.

Heather Hoffman,13 Hurley Street, supported getting a wide swath of the public involved in the process. She stated that many people are afraid to speak up for fear of retaliation in one way and another. She wants to make sure that people feel very comfortable expressing their real hopes and desires for the next city manager. She would like the next City Manager to have vision in for the city. Cambridge is more than a balance sheet. She wants someone who is willing to listen to people.

In response to a question from Councillor Zondervan about whether the purchasing department would be involved in the screening committee, Solicitor Glowa stated that the purchasing department does not need to be involved at that point. She added that once the screening committee has been composed, those members cannot report back to or discuss the screening committee process with other members of the council. That would constitute a quorum, which would then require all of those communications being subject to the Open Meeting Law.

Solicitor Glowa stated in the past, the screening process has been shepherded along by the personnel department because this is hiring an employee, although it's an appointment of the city council, and there may be certain provisions of either city policy or law that need to be followed. Historically, the personnel director is involved in the mechanics and process.

Councillor Nolan stated that she hopes that the entire council can be involved in appointing the screening committee.

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

Proposed Order     Aug 2, 2021
COUNCILLOR TOOMEY
COUNCILLOR SIMMONS
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN

WHEREAS: The Government Operations, Rules & Claims Committee met on June 29, 2021 to discuss the hiring of the next City Manager.

WHEREAS: The committee voted to forward the following policy order to the full city council. Now therefore be it

ORDERED: That the City Manager be and hereby is requested to appropriate sufficient funding to hire a City Manager Search Firm consultant.

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Proposed Order     Aug 2, 2021
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
COUNCILLOR ZONDERVAN

WHEREAS: The Government Operations, Rules & Claims Committee met on June 29, 2021 to discuss the hiring of the next City Manager

WHEREAS: The committee voted to send the following policy order to the full city council. Now therefore be it

ORDERED: That Councillor Simmons and Councillor Sobrinho-Wheeler of the Government Operations Committee review any RFPs or other search process produced to hire a city manager search firm consultant.