Cambridge City Council meeting - November 22, 2021

CITY MANAGER'S AGENDA
1. A communication transmitted from Louis A. DePasquale, City Manager, relative to reappointments and new appointments of members of the Transit Advisory Committee for a term of 2-years, effective Nov 22, 2021.
Placed on File 9-0

Nov 22, 2021
To the Honorable, the City Council:

I am hereby transmitting notification of reappointments and new appointments of members of the Transit Advisory Committee for a term of 2-years, effective Nov 22, 2021:

Reappointments

John Attanucci (Strawberry Hill)
John Attanucci is a researcher, managing the work of the Transit Research Group in the Center for Transportation and Logistics at the Massachusetts Institute of Technology (MIT), and a resident of the Strawberry Hill neighborhood.

Kelley Brown (Representative of MIT)
Kelley Brown is a transportation planner at MIT. Kelley is interested in improving access to MIT by transit, bicycle, walking, and other ways of getting around.

Matthew Coogan (West Cambridge)
Matthew Coogan is a real estate attorney and a resident of the West Cambridge neighborhood. Matthew is also a university graduate of urban planning and architecture programs. Matthew is interested in the relationship between transit operators, governments, and private landowners.

Devin Chaussee (Representative of Cambridge Housing Authority)
Devin Chaussee is an assistant planner and project manager for the Cambridge Housing Authority. Devin is interested in advocating for public transit and improving existing public transit.

Jim Gascoigne (Representative of Charles River TMA)
Jim Gascoigne is the executive director of the Charles River TMA. Jim is interested in participating in the discussion around City policies and actions to improve public transit.

Kristiana Lachiusa (Representative of Livable Streets Alliance)
Kristiana Lachiusa is the Director of Transit and Outreach at LivableStreets Alliance. Kristiana is interested in bringing in more diverse voices and perspectives into conversations about public transit.

Bill McAvinney (The Port)
Bill McAvinney is a retired user experience designer and a resident of the Port neighborhood. Bill is interested in the experience and perspective of public transit riders.

Katherine Rafferty (Representative of Mount Auburn Hospital)
Katherine Rafferty is the director of community affairs at Mount Auburn Hospital. The Mount Auburn Hospital provides shuttles to workers in the area. Katherine and the Mount Auburn Hospital would like to continue to work with the City in making public transit work for all.

Sylvia Parsons (Riverside)
Sylvia Parsons is a tutor and a co-chair of the transportation working group of 350 Massachusetts and is a resident of the Riverside neighborhood. Sylvia is interested climate change, sustainable transportation, and public transit’s role in climate action.

Arthur Strang (West Cambridge)
Arthur Strang is a resident of the West Cambridge neighborhood. Arthur is interested in a public transit system that provides access to opportunity and necessities for the entire region.

Saul Tannenbaum (Cambridgeport)
Saul Tannenbaum is retired from a career in Information Technology and a resident of the Cambridgeport neighborhood. Saul’s interest is in ensuring that improvements to public transit are at the forefront of the city’s work.

Melissa Zampitella (Representative of Alewife Transportation Management Association)
Melissa Zampitella is the executive director of the Alewife Transportation Management Association (TMA). The Alewife TMA provides shuttles and assistance in choosing sustainable transportation to workers, residents, and visitors of the Alewife/Fresh Pond area. Melissa and the TMA would like to continue the effective work with the City to make Cambridge a healthier and more sustainable place.

New appointments

Casey Berg (Mid-Cambridge)
Casey Berg is a report manager and project controls specialist living in Mid-Cambridge. As a relative newcomer, Casey is aware of how impactful and valuable public transit is to life in the City and is interested in a more equitable, affordable, and safe transportation system.

Jackson Moore-Otto (West Cambridge)
Jackson Moore-Otto is a university student and Cambridge Rindge and Latin School graduate living in West Cambridge. Jackson is also a volunteer program lead with Transit Matters, an advocacy group for public transit in greater Boston. Jackson’s interest is to make sure that the broader community understands the ways to support public transit in Cambridge.

Carl Rothenhaus (Strawberry Hill)
Carl Rothenhaus is a cargo office agent in Boston and a recent university graduate returning to Strawberry Hill in Cambridge. Carl’s interest is ensuring that public transit is reliable for everybody and includes community engagement.

Peter Septoff (Mid-Cambridge)
Peter Septoff is a managing environmental engineer living in Mid-Cambridge. Peter interested in participating in the committee to have more active role in the community and making it easier for everyone to get around the city by walking, biking, or on public transit.

Very truly yours,
Louis A. DePasquale
City Manager

2. A communication transmitted from Louis A. DePasquale, City Manager, relative to the reappointments and new appointments of members of the Pedestrian Committee for a term of 2-years, effective Nov 22, 2021.
Placed on File 9-0

Nov 22, 2021
To the Honorable, the City Council:

I am hereby transmitting notification of reappointments and new appointments of the following members of the Pedestrian Committee for a term of 2-years, effective Nov 22, 2021:

Reappointments

Robin Bonner (North Cambridge)
Robin Bonner is manager of the Cambridge Skating Club. She and her husband chose to raise their family in Cambridge in part so they would not need to rely on a car for day-to-day transportation; walking is her favorite way to commute. She is currently Vice Chair of the committee.

Debby Galef (Agassiz)
Debby Galef is an ESL teacher. She has been involved is several efforts related to enhancing walking in Cambridge, including on a City working group on snow clearance and as past Committee chair.

Sandy Goldberg (Riverside)
Sandy Goldberg is an independent museum media content strategist, writer and producer. Walking is her primary way of getting around and her work involves thinking about safe and efficient pedestrian flows and experiences, which she looks to translate in thinking about the urban environment. She is currently Chair of the committee.

Sean Peirce (North Cambridge)
Sean Peirce is an economist at USDOT's Volpe Center in Kendall Square. He joined the Pedestrian Committee as a way of supporting a safe and environmentally friendly form of transportation, and for the health benefits of walking.

Morgan Pinney (MIT)
Morgan Pinney is a registered architect and a senior campus planner at MIT and serves as the official MIT liaison to the committee.

Jenine Turner-Trauring (Baldwin)
Jenine Turner-Trauring is a software engineer. She is interested in data analysis and evaluation to support safe walking environments, particularly for children in the city.

New Appointments

Emily Gruber (The Port)
Emily Gruber is a public health professional. She appreciates the connection to a green environment with access to open space for people walking and would like to contribute to the community by being engaged in a civic committee.

Raymond Hayhurst (North Cambridge)
Raymond Hayhurst is a professional transportation planner. He is interested in helping to support high quality infrastructure design for ensuring safety and comfort for people of all ages, abilities and backgrounds; he served previously on the City’s Future of Mobility Implementation Blueprint Advisory Group.

Arnav Murulidhar (Neighborhood Nine)
Arnav Murulidhar is a graduate student at Harvard. Has lived in a variety of places and loves Cambridge. Is interested in being involved directly in helping to enhance conditions.

Elizabeth Paden (North Cambridge)
Elizabeth Paden is a retired planner. Walking is her primary form of transportation and she has been happy to see steps to improve things like school safety, which she would like to see continue to be enhanced. She is also interested in ensuring good access for older people walking with safe connections to bus stops and crosswalks.

Jeannine Powers (Harvard)
Jeannine Powers is a Senior Campus Planner at Harvard University; she would serve as Harvard’s liaison to the committee.

Brooke Williams (North Cambridge)
Brooke Williams is a librarian at Northeastern University. She is very positive about Cambridge being a walkable (and bikeable) place. She was a Participatory Budgeting representative, and that experience motivated her interest in further engagement with promoting walking in the city.

Sarah Willis (Neighborhood Nine)
Sarah Willis is a web developer. She spends a lot of time walking around Cambridge with her dog and finds it a positive way to meet people and engage with neighbors. She is interested in enhancing supportive street furniture elements (e.g., benches) to support people walking.

Very truly yours,
Louis A. DePasquale
City Manager

3. A communication transmitted from Louis A. DePasquale, City Manager, relative to the reappointments and new appointments of members of the Bicycle Committee for a term of 2-years, effective Nov 22, 2021.
Placed on File 9-0

Nov 22, 2021
To the Honorable, the City Council:

I am hereby transmitting notification of the reappointments and new appointments of members of the Bicycle Committee for a term of 2-years, effective Nov 22, 2021:

Reappointments

Mark Boswell (North Cambridge)
Mark Boswell is a software engineer in Cambridge and Boston. He is the current Chair of the committee, has been engaged with planning community rides, and is the committee representative for the City’s First Street/Second Street project.

John Ellersick (North Cambridge)
John Ellersick is president and founder of Next Rung Technology. He joined the Bicycle Committee to become more involved in issues of bicycle safety and sustainability of our urban areas.

Amy Flax (Cambridge Highlands)
Amy Flax is a recently retired elementary school teacher. She is the current Vice Chair of the committee and is the committee’s representative to the Grand Junction working group.

Alison Harris (Mid Cambridge)
Alison Harris is a project archivist at Boston College. She bicycles for commuting, general transportation around the city, and for fun and is interested in supporting sustainable transportation given the connection to environmental impacts, and with furthering mutual courtesy amongst all road users.

Todd Robinson (MIT)
Todd Robinson is a registered landscape architect and campus planner at MIT and is the official MIT representative to the committee.

Randy Stern (Cambridgeport)
Randy Stern is a community gardener, bird watcher, and retired software development executive. He currently serves as Secretary to the committee and has been involved with community outreach events.

New Appointments

Eli Beeker (North Cambridge)
Eli Beeker works for EF Education First; he has worked as a bicycle educator with diverse groups and enjoys helping people to learn how to feel safe and comfortable while bicycling.

Brennan Biemann (West Cambridge)
Brennan Biemann is a high school student. He would like to represent the perspective of younger riders, and also to be engaged with community action (he has volunteered his time with other organizations).

Guido Cuperus (Mid-Cambridge)
Guido Cuperos is a Biologist and Sanofi Genzyme. He sees bicycling as a great way to meet people and learn about the community, bikes with his young children and would like things to be safe for them; he also is interested in seeing the expansion of Bluebikes.

Silivia Del Carmen Castanos (MBTA Representative)
Silivia Del Carmen Castanos is a Community Engagement Liaison with the MBTA. She has extensive experience from living in Texas where she advocated for the safety and needs of people who were very low-income and did not have resources. She is bilingual and engages directly with communities not always involved in civic efforts.

Anna Frebel (Cambridgeport)
Anna Frebel is a professor at MIT, has a WBE Certification, is involved with the STEM Club for Girls in Cambridge, and is on the Crimson Bike Board. She travels by bicycle with her two young children and is particularly interested in support the needs of families who use bicycles (e.g., access to schools, support for using cargo bikes).

Diane Gray (Harvard University)
Diane Gray is Senior Campus Planner at Harvard University and will serve as Harvard’s official representative to the committee.

Conor Henrie (The Port)
Conor Henrie is a product manager at Toast. He is interested in how to create a comprehensive network that includes a variety of infrastructure (e.g., quiet residential streets where space is shared) and would like to help with project review and looking at data.

Scott Kilcoyne (North Cambridge)
Scott Kilcoyne is a mechanical engineer. He is interested in local civic engagement and data analysis, and would like to work towards ensuring that all people can be comfortable riding.

Eitan Norman (Neigborhood Nine)
Eitan Normand is a civil engineer at the MBTA. He rides with his young children and is interested in helping out with community rides as well as technical design review.

Rahi Patel (Mid-Cambridge)
Rahi Patel works at Volpe. He is enthusiastic about promoting bicycling, interested in multi-modalism and reducing conflicts and in addressing issues around personal safety.

Thomas Randall (West Cambridge)
Thomas Randall is a physician. He would like to volunteer time to the community and appreciates the initiatives the City has been involved with in supporting bicycling.

Julia Somerdin (Cambridgeport)
Julia Somerdin is an engineer, has an MBA and owns a WMBE. She gets around exclusively by bike and is interested in promoting Green Cities and promoting bicycling as part of a healthy lifestyle.

Carola Voelker (Wellington-Harrington)
Carola Voelker is a solar energy engineer and has worked with youth groups. She is interested in being engaged with the community and has volunteered with some of the City’s outreach and engagement efforts this fall.

Pamela Yang (Strawberry Hill)
Pamela Yang is a CPA and CFA Charterholder. She is proud to live in Cambridge, appreciates improvements in the city, and would like to give back to the community. Her son bikes to school and she is interested in safe routes for kids to travel to school and other activities.

Very truly yours,
Louis A. DePasquale
City Manager

5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-80, regarding a report on redesign work done at Carl Barron Plaza.
Referred 9-0 to Dec 8 Joint Hearing of Health & Environment Committee and Veterans & Human Services Committee

6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-62, regarding the feasibility of installing lights at all Cambridge dog parks.
Placed on File 9-0

7. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-61, regarding a report on the City’s rodent and pest control efforts since February 2020, to outline what metrics are being used to determine the effectiveness of these efforts, and to issue recommendations as to whether increasing the budget for these efforts, as well as creating new incentives and penalties to ensure community compliance with regulations around rodent control, would lead to a greater level of success in resolving this issue.
Placed on File 9-0

8. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-76, regarding a report on the incident involving the Cambridge Police Officers outside Central Square YMCA on Oct 17, 2021.
Placed on File 9-0

To: City Manager, Louis A. DePasquale
From: Acting Police Commissioner, Christine Elow
Date: Nov 22, 2021
Ref.: Council Order No. O-15 of 10/18/21
Re: Incident involving Cambridge Police officers outside Central Square YMCA on October 17, 2021

The purpose of this response is to address Council Order No. O-15 of 10/18/21, whereby it was requested that the City Manager work with the Cambridge Police Department (CPD) to provide an explanation of an incident from October 17, 2021 and questioned whether legal requirements and Department policies for arrests were properly followed.

On Sunday, October 17, 2021, two Cambridge Police officers responded to a report from the manager of a Central Square pharmacy that an individual had just shoplifted candles from his store. A person with a backpack, matching the description of the possible suspect, was located shortly thereafter by officers at a bus stop near the store. Police officers have reasonable suspicion to conduct an investigatory stop of an individual when, as here, a description of the individual has been provided to police officers of a crime that was recently committed and the individual is located in close proximity to the site of the crime.

The officers initially verbally engaged with the individual, who voluntarily opened up his backpack and revealed that he did have the reported stolen candles. Based upon that information, the officers could search him and any belongings that he could immediately reach and legally then issue a summons for the shoplifting offense or arrest him. However, because the individual also had an outstanding arrest warrant for Failure to Register as a Sex Offender, the officers were required to arrest him in those circumstances.

When the officers attempted to search the individual, he ignored their commands and refused to cooperate further. For safety purposes, the officers attempted to detain him with handcuffs. However, the individual assaulted the officers by punching both of them repeatedly in the head and face, and then attempted to bite one of the officers during the ensuing struggle. Under the Massachusetts Municipal Police Training Committee (MPTC) Use of Force Model and CPD policy, the individual’s conduct would be considered “Assaultive (Bodily Harm)” and defensive tactics by the officers, including empty-handed strikes and PR-24 control device (baton) strikes, would be permissible uses of force in such circumstances. Additionally, OC spray is considered a compliance technique by the MPTC that is lower on the force continuum than PR-24 control device (baton) strikes and is permissible for use by officers on both “Active Resistance” individuals and “Assaultive (Bodily Harm)” individuals. When police officers are confronted with such assaultive conduct of an individual, they are justified in immediately utilizing any one of these techniques to gain compliance and defend themselves, as the officers did here.

Rather than immediately deploying their batons, one of the officers attempted to stop the individual’s assaultive behavior by using OC spray, which was less force than baton strikes and was the least force possible. However, the OC spray did not have any effect and the individual continued to refuse orders to get on the ground. A passerby, who is seen in a video published online, attempted to assist the officers at this point in the response. The officer then switched to his baton and struck the individual once behind his left knee, in order to gain compliance and avoid further injury to both the individual and the responding officers. After being struck once with the baton, the individual complied, went to the ground and was subsequently handcuffed by the officers. Once the individual was detained, there were no further strikes or force used by the officers. During this process, the officers located and recovered a switch-blade knife after it fell out of the individual’s pocket while he was on the ground. The individual was taken into custody.

Both officers were injured in the altercation and were evaluated at a local hospital for facial and bodily injuries. The individual – a 58-year-old Boston man – was transported to a local hospital by Professional Ambulance to be evaluated following the arrest and was charged with Assault and Battery on a Police Officer, Shoplifting by Concealing Merchandise, Wanton Destruction of Property -$1,200 and Carrying a Dangerous Weapon (knife).

Per Department policy, a comprehensive internal review of this incident was conducted. This is standard practice for any use of force incident. The Department investigated whether the actions taken by the officers were reasonable and justified as outlined within 1) Department policies and procedures; 2) state and federal legal standards; and 3) and state guidelines and training set forth in the Municipal Police Training Committee Use of Force Model and Totality Triangle.

As part of the internal review, the Department interviewed two witnesses and the involved passerby and reviewed the reports of the two involved officers. The Department also reviewed a publicly posted video and an additional video obtained from one of the witnesses. According to the witnesses, the officers were observed “calmly speaking” to the individual until he stood up from a bus stop bench and punched the officers.

The investigation revealed that the passerby was driving on Massachusetts Avenue when he observed what he believed to be one police officer being physically assaulted by the individual and potentially in danger due to the larger stature of the individual. After grabbing an object and exiting his vehicle to assist the police officer, the passerby became aware that there were two police officers involved in the physical struggle with the individual. The passerby provided hands-on assistance after the individual had punched both officers and had refused to submit to their lawful orders after being sprayed with OC spray, by helping roll the individual over and holding his right arm so the officers could handcuff him once he was on the ground. Video obtained from a witness verified the passerby’s account that he also helped the individual after he was detained by providing him with water to drink and to rinse the OC spray from his eyes.

Questions were raised by some members of the public regarding the passerby’s involvement. Police officers may avail themselves of assistance in the execution of their duties in a criminal case, in the preservation of the peace, or in the apprehending or securing of a person for breach of the peace. G.L. c. 37, §13. The passerby assisted officers after the individual had punched both officers repeatedly and refused to submit to their lawful orders after being sprayed with OC spray. The passerby came to the defense of the police officers and only used reasonable force (see Commonwealth v. Johnson, 412 Mass. 368 (1992)). The passerby’s actions were both justified and permitted under the law. Additionally, the passerby rendered aid to the individual once he was safely handcuffed on the sidewalk, providing him with water.

Based on its review of the circumstances and of all of the available evidence, the Department determined that the use of force in this case was justified and consistent with Department policy, as it was reasonable and necessary in order for the officers to defend themselves from the defendant’s physically assaultive behavior and to overcome unlawful active resistance to their attempts to make a lawful arrest. The Department also determined that the officers’ use of force in this circumstance was proper and unavoidable based on the individual’s actions, and their force ceased immediately once the individual submitted to the officers’ lawful orders, went down to the ground, and was handcuffed. The criminal case against the individual arrested is still pending, and therefore, at this time I cannot comment further as to the criminal case.

If there are any additional questions, information needed or concerns regarding this matter, please let me know.

Sincerely,
Christine Elow
Acting Police Commissioner

9. A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommendation from the Board of Election Commissioners for the City Council to vote to authorize in-person early voting for the Dec 14, 2021 Special State Primary, in accordance with Chapter 255 of the Acts of 2020, as amended by Chapter 5 of the Acts of 2021 and Chapter 29 of the Acts of 2021.
Order Adopted 9-0

To: Louis A. DePasquale, City Manager
From: Board of Election Commissioners
Date: Nov 17, 2021
Re: RECOMMENDATION FOR IN-PERSON EARLY VOTING

In accordance with the provisions of Chapter 255 of the Acts of 2020, as amended by Chapter 5 of the Acts of 2021 and Chapter 29 of the Acts of 2021, upon the request and recommendation of the Board of Election Commissioners the City Council must vote whether to authorize early voting in-person for any municipal election held on or before Dec 15, 2021. The section reads:

“Notwithstanding section 25B of chapter 54 of the General Laws or any other general or special law or municipal ordinance to the contrary, upon a recorded and public vote by the select board, board of selectmen, town council or city council authorizing early in-person voting, any eligible voter of such municipality may vote early in-person for any regular or special municipal or state preliminary, primary or general election held on or before Dec 15, 2021.

Such vote may only be taken after a request from the city or town clerk or authorized local election official recommending in-person early voting and provided that such vote occurs not less than 5 business days prior to the proposed beginning of early voting and that such early in-person voting complies with the following:

(i) A city or town, as part of the vote to allow early voting in-person, may set the early voting period to begin no sooner than 10 days before the election and end no later than the business day preceding the business day before the election.

(ii) Early voting shall be conducted during the usual business hours of the city or town clerk unless different hours are set as part of the vote, including any weekend hours.

(iii) The city or town clerk shall establish an early voting site that is centrally located, suitable and in a convenient public building. Notice of the early voting location, dates and hours must be posted at least 48 weekday hours before the early voting period begins.

(iv) A qualified voter voting early in person shall be provided with a ballot and an envelope where the ballot is placed after voting which contains an affidavit of compliance to be filled out by the voter. A qualified voter voting early in person shall complete an affidavit under the regulations promulgated by the state secretary for the administration of early voting and appearing at 950 CMR 47.00, as applicable, which shall include a notice of penalties under” section 26 of chapter 56 of the General Laws.”

In accordance with the provisions of Chapter 255 of the Acts of 2020, as amended, the board recommends early in-person voting begin on Mon, Dec 6, 2021 and end on Fri, Dec 10, 2021 during the hours and at the location as indicated below.

RECOMMENDED EARLY VOTING LOCATION, DATES AND HOURS

Cambridge Election Commission Office, 51 Inman Street

Monday	Tuesday	Wednesday	Thursday	Friday
December 6	December 7	December 8	December 9	December 10
8:30am–8pm	8:30am–5pm	8:30am–5pm	8:30am–5pm	8:30am–12pm

At a meeting held on Fri, Nov 12, 2021 at 5:30pm the Board of Election Commissioners voted 3 in favor, 0 against, and 1 absent to submit this request recommending that the City Council vote to authorize early in-person voting and the early voting location, dates and hours for the Dec 14, 2021, Special State Primary. If authorized by the Council, the Board and the Executive Director will comply with the provisions of Chapter 255 of the Acts of 2020, as amended. The City of Cambridge Board of Election Commissioners respectfully submits this report to the City Council for review and determination.

Agenda Item Number 9 Nov 22, 2021

WHEREAS: At a meeting held on Fri, Nov 12, 2021 at 5:30pm, the Board of Election Commissioners voted 3 in favor, 0 against, and 1 absent to submit a recommendation to the City Council requesting the City Council vote to authorize early in-person voting and the early voting locations, dates, and hours for the Dec 14, 2021 Special State Primary; and

WHEREAS: In accordance with the provisions of Chapter 255 of the Acts of 2020, as amended, the Board recommends early in-person voting begin on Mon, Dec 6, 2021 and end on Fri, Dec 10, 2021 during the hours and at the locations indicated below:

Location
Cambridge Election Commission Office, 51 Inman Street

Hours
Mon, Dec 6, 2021 from 8:30am – 8pm
Tues, Dec 7, 2021 from 8:30am – 5pm
Wed, Dec 8, 2021 from 8:30am – 5pm
Thurs, Dec 9, 2021 from 8:30am – 5pm
Fri, Dec 10, 2021 from 8:30am – 12pm

Now, therefore be it

ORDERED: That in accordance with the provisions of Chapter 255 of the Acts of 2020, as amended by Chapter 5 of the Acts of 2021 and Chapter 29 of the Acts of 2021, upon request of the Board of Election Commissioners, the City Council hereby authorizes early voting in-person for the Dec 14, 2021 Special State Primary for the hours and locations outlined above.

CHARTER RIGHT
1. A communication transmitted from Louis A. DePasquale, City Manager, relative to new appointments of members of the Foundry Advisory Committee for a term of three years, effective Nov 8, 2021. [Charter Right - Councillor Simmons, Nov 15, 2021]
Placed on File 8-0-1 (McGovern - ABSENT)

2. A communication transmitted from Louis A. DePasquale, City Manager, relative to new appointments and reappointments of the following persons as members of the Citizens Committee on Civic Unity, effective Nov 1, 2021 for three year terms. [Charter Right - Councillor Simmons, Nov 15, 2021]
Placed on File 8-0-1 (McGovern - ABSENT)

ON THE TABLE
3. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-13, regarding next steps on implementation of Universal Pre-K. [Tabled May 17, 2021]

4. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-41, regarding a report on closing Mass Ave from Prospect Street to Sidney Street on Friday and Saturday evenings. [Charter Right - McGovern, June 28, 2021; Tabled Aug 2, 2021]

5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-56, regarding improvements to Jerry's Pond and along Rindge Avenue. [Tabled - Siddiqui, Sept 13, 2021]

6. That the attached Home Petition titled “Petition For An Act Authorizing The City Of Cambridge To Enact An Ordinance To Limit And Monitor Campaign Donations In Local Elections By Individuals Seeking Financial Reward From The City Of Cambridge” be forwarded to the General Court for adoption. [Tabled Nov 8, 2021]

7. That the City Council adopt a municipal ordinance to reduce or limit campaign donations from donors seeking to enter into a contract, seeking approval for a special permit or up-zoning, seeking to acquire real estate from the city, or seeking financial assistance from the city; Ordinance #2020-27. [Tabled Nov 8, 2021]

COMMUNICATIONS
1. A communication was received from Young Kim, regarding Drive Times on Dudley St to Alewife Brook Pkwy.

2. A communication was received from Thomas C. Owen, regarding Support for the Advancing Housing Affordability (AHA) petition.

3. A communication was received from Percy Tzelnic, regarding Support for the Donovan Petition.

4. A communication was received from Hasson Rashid, regarding Elisa Marielissa MHD Wishlist.

5. A communication was received from Catherine S. Alexander, regarding Support the Advancing Housing Affordability (AHA) Petition (Donovan Petition).

6. A communication was received from Young Kim, regarding Petition From Business Owners and Neighbors re Implemented Bike Safety Measures on Northern Mass Ave.

7. A communication was received from Susan Connelly, regarding a communication to be read at Monday's City Council Meeting.

8. A communication was received from Melissa Gonzalez, regarding public comment on Order #1.

9. A communication was received from Mark Goldberg, regarding the idiocy you have inflicted upon us (Mass Ave bike lanes).

10. A communication was received from Esther Hanig, regarding Planning Board Member Appointments.

11. A communication was received from Carolyn O’Hara, regarding print version of my remarks at City Council 15 November 2021.

RESOLUTIONS
1. Resolution on the death of Marie T. (Kelly) Flynn. Councillor Toomey

2. Resolution on the death of Elio Pantanella. Councillor Toomey, Councillor Simmons
Amended

3. Welcoming Derrick Neal to the City of Cambridge as the new Chief Public Health Officer. Councillor Simmons

4. Congratulations to Kelsey Perkins and Tim Depin on the birth of their daughter Molly Louise Depin. Councillor McGovern, Vice Mayor Mallon
Amended

5. Congratulations to Tiya Miles for being awarded the non-fiction book prize at the 72nd National Book Awards. Councillor Simmons

7. Congratulations to the members of the Universal Design Park Working Group. Mayor Siddiqui, Councillor McGovern

9. Congratulations to Lamplighter Brewing Company on a successful five years in operation and wishing them many more years of success. Councillor Toomey

10. Congratulations to Clube Desportivo Faialense on a successful 50 years in service and wishing them many more years of success. Councillor Toomey

12. Wishing Scott Harshbarger a very happy 80th birthday. Councillor Toomey, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Nolan, Councillor Simmons, Councillor Sobrinho-Wheeler, Councillor Zondervan, Mayor Siddiqui
Amended

13. Thanking Susan Breen for serving as Interim Chief Public Health Officer for the City of Cambridge and for leading the roll-out of the COVID-19 booster and the 2021 flu shot effort. Councillor McGovern, Vice Mayor Mallon, Mayor Siddiqui, Councillor Carlone, Councillor Nolan, Councillor Simmons, Councillor Sobrinho-Wheeler, Councillor Toomey, Councillor Zondervan
Amended

ORDERS
1. That the City Manager is requested to meet with the Public Health Department, the Department of Human Service Programs, and the Recreation & Aquatics Department to look into providing a suitable practice space for the Cambridge Synchronized Swimming Team for Cambridge residents. Vice Mayor Mallon, Mayor Siddiqui
Order Adopted 9-0

2. That the City Council go on record strongly urging Harvard and its property service contractors to offer a fair contract that ensures wage increases to the workers of 32BJ SEIU. Councillor Zondervan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Carlone, Vice Mayor Mallon, Councillor Nolan, Councillor Simmons, Councillor Toomey
Order Adopted as Amended 9-0

3. That the City Manager is requested to direct City staff to work with partners including the Cambridge Redevelopment Authority (CRA) and the Central Square Business Improvement District on identifying spaces in Central Square that would support the creation and protection of cultural and human service spaces that align with the City’s goals. Vice Mayor Mallon, Councillor McGovern, Councillor Simmons, Councillor Carlone, Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Toomey, Councillor Zondervan, Mayor Siddiqui
Order Adopted as Amended 9-0

COMMITTEE REPORTS
1. The Housing Committee met on Nov 10, 2021 to conduct a public hearing to discuss the Sept 20, 2021 Policy Order that seeks to amend the Zoning Ordinance via potentially raising the linkage fee.
Amended, Placed on File 9-0

COMMUNICATIONS & REPORTS FROM CITY OFFICERS
1. A communication was received from City Solicitor Nancy E. Glowa, transmitting a response of City of Cambridge to Open Meeting Law Complaint of Heather Hoffman dated Nov 3, 2021.
Placed on File, Order Adopted 9-0

From: Glowa, Nancy <nglowa@cambridgema.gov>
Sent: Tues, Nov 16, 2021 7:09 PM
To: Wilson, Anthony <awilson@cambridgema.gov>
Cc: Siddiqui, Sumbul <ssiddiqui@cambridgema.gov>; DePasquale, Louie <ldepasquale@cambridgema.gov>; McGuffie, Kelsey <kmcguffie@cambridgema.gov>
Subject: Response to Heather Hoffman Open Meeting Law complaint

Mr. Clerk:
Please find attached for the City Council’s consideration and approval a proposed response to Heather Hoffman’s Open Meeting Law Complaint to be placed on next Mon, Nov 22, 2021’s agenda as a “communication from other officers”. I have also attached the Open Meeting Law Complaint and the full agenda from the 11/1/21 meeting, both of which are attachments to the proposed response.

Please let me know if you have any questions about this matter.

Thank you,
Nancy

Nov 22, 2021
Via Email (Kerry.Kilcoyne@mass.gov) and First Class Mail

Kerry Kilcoyne, Assistant Attorney General
Director, Division of Open Government
Office of the Attorney General
One Ashburton Place
Boston, MA 02108

Re: Response of City of Cambridge to Open Meeting Law Complaint of Heather Hoffman dated Nov 3, 2021

Dear Ms. Kilcoyne:

I represent the City of Cambridge and the Cambridge City Council (the “City”) and I am writing pursuant to 940 CMR 29.05(5) in response to the Open Meeting Law Complaint of Heather Hoffman dated Nov 3, 2021, a copy of which is enclosed (the “Complaint”), to advise that there was no violation of the Open Meeting Law by the City, as alleged in the Complaint. The Complaint relates to documents pertaining to three City Council agenda items that were not included with the Agenda Packet for the City Council’s meeting of Nov 1. For the reasons stated below, there was no violation of the Open Meeting Laws.

Facts

When the City publishes an agenda on its website for a City Council meeting, in addition to listing all of the agenda items that the City Council will discuss, it usually attaches additional documents relating to the agenda items, called an Agenda Packet. In the Agenda Packet for the Nov 1, 2021 City Council meeting, documents for three listed agenda items (a request from MIT Visual Arts Center for a temporary banner; a committee report for the Neighborhood and Long-Term Planning, Public Facilities, Arts and Celebrations Committee for its meeting on July 15, 2020; and a committee report for the Housing Committee meeting on June 3, 2021) were not attached. The request from MIT Visual Arts Center was tabled until the Nov 8, 2021 meeting. Both committee reports were accepted by the City Council and placed on file.

Discussion

I. The Complaint fails because it does not allege violations of the Open Meeting Law. The allegation that documents pertaining to agenda items were not included in the Agenda Packet does not implicate or violate Open Meeting Law provisions. G.L. c. 30A, §20 requires a public body to “post notice of every meeting….” G.L. c. 30A, §20 states that the notice shall contain “the date, time and place of the meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.” Neither G.L. c. 30A nor 940 CMR 29.00 require the City to post all documents pertaining to agenda items.

The agenda for the Nov 1, 2021 City Council meeting listed all three topics and included sufficient specificity to reasonably advise the public of the issues to be discussed at the meeting. 940 CMR 29.03(1). The agenda listed the request from the MIT Visual Arts Center as, “An application was received from MIT Visual Arts Center requesting permission for a temporary banner across Ames Street, and Broadway 26 light poles announcing Welcome back/Now Open, Contemporary Art Museum at MIT, MIT List Visual Arts Center from October 2021 until February 2022.” (City Council Meeting of Nov 1, 2021 Agenda page 5, attached).1

The agenda listed the committee report for the Neighborhood and Long-Term Planning, Public Facilities, Arts and Celebrations Committee for its meeting on July 15, 2020 as, “The Neighborhood and Long-Term Planning, Public Facilities, Arts and Celebrations Committee met on July 15, 2020 to conduct a public hearing to discuss the timeline, scope, and budget of the Tobin/Vassal Lane School Project, including updates on the Armory property, and how it fits into the long-term plan for all school buildings in the City to accommodate expected enrollment changes over the next 10 to 20 years and to receive an update on the legislative office plans.” (City Council Meeting of Nov 1, 2021 Agenda page 9, attached).

The agenda listed the committee report for the Housing Committee meeting on June 3, 2020 as, “The Housing Committee met on June 3, 2021 to conduct a public hearing to discuss inclusionary zoning preference/eligibility, and how the new state-level Housing Choice law will affect zoning in Cambridge.” (City Council Meeting of Nov 1, 2021 Agenda page 9, attached). The only action taken by the City Council on these two Council committee reports was to accept them for filing.

Therefore, because all three agenda items were publicly posted in accordance with the Open Meeting Law’s requirement that such notices contain “the date, time and place of the meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting”, the Complaint did not allege violations of the Open Meeting Law and thus fails. The Open Meeting Law does not require the City Council to publicly post every document that relates to its agenda. Even if there were a requirement that the back-up documents be posted by the City Council as part of its agenda for the meeting (which the City denies), the City Council postponed consideration of this matter until its next meeting when the application itself was also posted in connection with its meeting agenda.

1 items prior to its meetings, even though the Council generally does so. The documents in question are all available as part of the record of the meetings, as required by the Open Meeting Law.

Conclusion

As stated above, there was no violation of the Open Meeting Law by a public body of the City, and therefore no further action is necessary in this regard.

Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me.

Very truly yours,
Nancy E. Glowa
City Solicitor

Enclosures
Cc: Heather Hoffman
213 Hurley Street
Cambridge, MA 02141
Heather.m.hoffman.1957@gmail.com

A. Motion to approve the proposed response by the City Solicitor to Heather Hoffman’s Open Meeting Law Complaint.

2. A communication was received from Mayor Siddiqui, communicating information from the School Committee.
Placed on File 9-0

3. A communication was received from City Solicitor Nancy E. Glowa, transmitting memorandums regarding Home Rule Petition on Transfer Fee amendment. [City Solicitor's Letter] [Petition (redlined)]
Placed on File, Order Adopted 9-0

A. Motion to adopt the amended Transfer Fee Home Rule petition as drafted by the City Solicitor.

4. A communication was received from Anthony Wilson, City Clerk, transmitting legislative files (Hearing Schedule, Referral List, Pending Zoning Chart).
Placed on File 9-0

HEARING SCHEDULE
Mon, Nov 22
5:30pm City Council Meeting (Sullivan Chamber)

Mon, Nov 29
5:30pm The City Council and the School Committee will conduct a joint Roundtable meeting to discuss the past election, including but not limited to new practices and polling locations is Cambridge with the City Manager, Election Commission, and any other relevant departments. (Zoom)

Wed, Dec 1
2:00pm The Housing Committee will conduct a public hearing to receive updates from the Community Development Department, the Cambridge Housing Authority, Homeowners Rehab, Inc., and Just A Start on the continued work they are currently engaged in, and the impact of the continuing Covid-19 pandemic upon their operations. (Zoom)
5:30pm The Finance Committee will meet to receive an overview and update on funds received from the State and Local Fiscal Recovery (American Rescue Plan Act) Grant. (Zoom)

Wed, Dec 8
10:00am The Health & Environment Committee and the Human Services & Veterans Committee will meet to discuss the redesign of Carl Barron Plaza with a special focus on the needs of the unhoused community and the ideas presented within Communication #10 from the Oct 18, 2021 regular meeting. (Zoom)
5:30pm The Ordinance Committee will meet to conduct a public hearing on the Yard Setback Zoning Petition (Ord #2021-22). (Sullivan Chamber)

Wed, Dec 15
5:30pm The Ordinance Committee will meet to conduct a public hearing on the Off-Street Parking Zoning petition (Ord #2021-23). (Sullivan Chamber)

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Housing Committee held a public hearing on Wed, Nov 10, 2021 at 2:00pm via Zoom.

Call of the Meeting: The Housing Committee will conduct a public hearing to discuss the Sept 20, 2021 Policy Order that seeks to amend the Zoning Ordinance via potentially raising the linkage fee.
Present: Simmons, Sobrinho-Wheeler, Mallon, Zondervan
Also Present: Siddiqui
Absent: McGovern

That section 11.202(b) of Article 11.000 of the Zoning Ordinance, regarding the linkage fee, be amended by substitution (Ordinance #2021-20)

A communication was received from the Housing Committee, transmitting opening remarks for the Nov 10, 2021 hearing.

The purpose of the hearing was to discuss the Sept 20, 2021 Policy Order that seeks to amend the Zoning Ordinance via potentially raising the linkage fee.

Present at the hearing were Councillor Simmons, Co-Chair; Councillor Sobrinho-Wheeler, Co-Chair; Vice Mayor Mallon; Councillor Zondervan; Iram Farooq, Assistant City Manager for Community Development; Chris Cotter, Housing Director; Linda Prosnitz, Housing Project Planner; Jeff Roberts, Community Development Department; Neal Alpert, Aide to Councillor Simmons; and Deputy City Clerk Paula M. Crane.

Councillor Simmons convened the hearing, noting that Councilor McGovern had previously shared that he would be unable to attend the meeting due to a conflict. She then read from prepared written opening remarks (ATTACHMENT A) and which referred to the policy order, passed on Sept 20, 202, that called for this hearing (ATTACHMENT B). She then asked Councillor Sobrinho-Wheeler for his opening remarks.

Councillor Sobrinho-Wheeler stated that he wished to provide some additional background on the City’s linkage fee and the 2019 Nexus report. He said that today’s hearing stems from a policy order that he, Councillor Simmons, Councillor Zondervan, Councillor Carlone, and Councillor McGovern sponsored to consider increasing the linkage fee to $33/square foot to fund affordable housing. He said that the linkage fee comes from the incentive zoning ordinance that was adopted in 1988, and it allows the City to assess the fee per square foot of new commercial developments over 30,000 square feet of gross foot area to go towards affordable housing. He said that as part of that ordinance, the City conducts regular incentive zoning Nexus and job-linkage studies, which study housing, commercial development trends in Cambridge and other municipalities, and make determinations about the amount of subsidy needed.

Councillor Sobrinho-Wheeler said the most recent Nexus study, which was conducted in 2019, stated that in order to achieve the full affordable housing subsidy to create low, moderate, and middle income housing, the City would need to raise the linkage fee to $33 per square foot. He said that the City Council met in early 2020 and voted on a small additional increase to $20.10/square foot in recognition of the fact that the annual increase had lapsed and there was no increase the previous year. The consensus at that time was that the City Council would reconvene and potentially vote on a more substantial increase, but shortly after that the pandemic hit and that pushed this discussion to the backburner. He said that we have continued to see new commercial development above 30,000 square feet, and by raising the linkage fee the City would be receiving millions of additional dollars for affordable housing. He said that according to the 2019 Nexus report, it was projected that 722 new units would likely be needed over the next two years, including 200 low-income units, 267 moderate-income units, and 255 middle-income units. The total development cost of those units would require a grand total subsidy of $55.27/sq foot on commercial development, with the local subsidy coming to $33.34/sq foot. He said that the report advised that the City could adopt a jobs linkage fee in addition to the existing affordable housing linkage fee, which could be set between $0.82/sq foot - $1.51/sq foot. He said the City has not yet adopted this, and his understand was that the rationale was that those amounts are too low to justify the additional overhead. He noted that the $33.34/sq foot figure is lower than what is found in cities like San Francisco.

Councillor Simmons thanked Councillor Sobrino-Wheeler and then said she wanted to hear from Iram Farooq, followed by the City Solicitor’s Office, and then there would be open floor to the Committee members. Ms. Farooq said that the co-chairs summarized the trajectory of the incentive zoning ordinance and subsequent changes well, and she doesn’t have much to add on that. She said that her staff is looking at the 2021 CPI adjustments, which show the changes in the economy as we trend out of the very worst of the Covid pandemic, there is a more significant increase from $21.31 that will be coming. She said that when the Nexus study is conducted, it looks at what the prevailing market looks like in our adjacent cities – for instance, Boston’s linkage fees total about $17.30, which is $3 below what we have now, and will be $4 below once Cambridge makes our CPI adjustment. She said that we want to make sure that as the City Council thinks about this, they are thinking about the regional picture as well as the Cambridge picture. She said that the Nexus study that was done in 2019 is still a valid study to be referencing. She said that the CDD was not aware of a presentation that might have been desired for today’s hearing, but if this committee would like one the CDD would be happy learn of what information is being sought and they would prepare one for an upcoming hearing.

Assistant City Solicitor Arthur Goldberg stated that the Law Department had no opening thoughts, but that he and his staff were happy to listen and answer any questions that may arise. Councillor Simmons opened the floor for discussion to Committee members. Vice Mayor Mallon said a fundamental question she has is wanting to know how much money is currently in the Affordable Housing Trust, and what is the projected amount over the next three – five years? She said it would be helpful to have this information as these discussions proceed. In terms of the jobs linkage, she said that she’s been unsatisfied from the report and the response from the Nexus study, as other communities do have a jobs linkage fee. She said that Cambridge has a real workforce need, a need to connect our residents to construction jobs and so forth, and these programs are important. She said that she does not see significant barriers that would prevent Cambridge from pursuing this, and she is in favor of finding a way to establish a jobs linkage fee.

Councillor Zondervan said that he agreed that we need a job linkage fee. He said that he would rather that we move this linkage fee forward quickly because we’re seeing a lot of real estate transactions happen in our city, and every day that we delay is millions of dollars that are being left on the table. He said he is not hearing any reasons not to move this forward, and he wants to understand what the next steps are. He said that he is all for having a separate discussion about a jobs linkage fee, and he mentioned that he is also working on a Green Jobs program with Councillor Simmons and others and perhaps this could be tied into this effort. He said he would not wish to hold up the housing linkage portion of this for that part of the discussion.

Councillor Sobrinho-Wheeler said his understanding is that we cannot set the linkage fee above what is recommended in the Nexus study, and he wanted to confirm if this is correct. He asked if there needs to be a link between fees and their impact, his question is whether this report is the only thing the Council can use to make their case, and he wanted to know if the Solicitor’s Office or CDD could weigh in on this. Councillor Simmons said that her recommendation would be that the Committee compile their questions and then have them all answered on the record in the next committee hearing, which she will work to schedule as soon as possible. Councillor Sobrinho-Wheeler said he had an additional question, wanting to understand how the City arrives at understanding the impact on existing housing by new commercial development, and does this create new demands on existing housing?

Vice Mayor Mallon wanted to know about the procedure from here, she wanted to know if this could go directly from the Housing Committee to the full City Council, or did it need to go to Ordinance because it is a zoning change? Assistant City Solicitor Goldberg opined that this would need to be referred from the City Council to both the Planning Board and to the Ordinance Committee. Councillor Simmons then said that it would be wise to compile all the outstanding questions for the various City departments and have those answered and discussed at the next Housing Committee hearing. She would also ask that the City Solicitor put in writing the full flow of events procedurally so that the Housing Committee would have this for reference at its next hearing. Vice Mayor Mallon asked if, given this flow of events, it makes more sense to send this from Housing to the Ordinance Committee so that all the City Councilors can weigh in on this and have a larger conversation at that time, since the end of the Council term is drawing near? Councillor Simmons said that she would prefer to have another Housing Committee meeting to fully flesh this discussion out, but to also ready the Ordinance Committee co-chairs to let them know this is coming their way, to ensure that this gets on the schedule in an expeditious manner. Vice Mayor Mallon said that her preference is that this be referred directly to Ordinance. She also asked about homeownership opportunities and whether this linkage funding could be used for those programs.

Ms. Farooq said that the members of the CDD present at this hearing are prepared to answer most of these questions – aside from the question around funding projections, which will require some further research. She said that funds garnered through this ordinance can be used for either rental or homeownership, as the funds go first to the Affordable Housing Trust and then they make the determination as to how the funds are distributed. She said that, regarding the question of the jobs linkage, this would need legislative home rule approval in order to be established. She said that in terms of the limits of how much can be charged, it does need to be based on the Nexus study, and the calculations in that study need to be the basis for where the actual fee ends up because the whole purpose of the Nexus study is to create the relationship and determine what the impact is of the development being created. She said that the Nexus study does make its calculations looking at new development, and it understands that new development can impact the whole universe of existing homes in the city. In terms of the jobs linkage, Ms. Farooq clarified that the concern is not just one of administrative capacity, it is also that once home rule is granted, a structure would need to be created, and the funds are not anticipated to be that great given that the number is anticipated to be quite small at under $2/sq foot. It is also not a reliable funding source, since development happens in cycles and it always depends on having a steady stream to support a program. At best, one could think of any funds created from this as being supplementary to our existing programs. She said that the reliability of the funding is crucial to the success and effectiveness of any jobs program. Vice Mayor Mallon said she appreciated this fuller explanation, but she also mentions that when the linkage fee was initially established, it was around $4/sq foot and the City was able to move forward with that, and therefore she doesn’t see this as a huge barrier for creating a jobs linkage fee. She said that in regards to homeownership and the percentage, she’d like to know what the past percentage of what is spent on rentals versus homeownership for the next hearing.

Councillor Carlone stated that he appreciates all the comments he’s heard today. He said that it was the right decision to keep this discussion in the Housing Committee for the time being. He said that building affordable housing at all three levels that Councillor Sobrinho-Wheeler mentioned is infrastructure because we have no other way of building that, and all three levels of housing have been dramatically impacted by commercial development. He said that he is fully in favor of the maximum amount allowed, and perhaps also workforce assistance. He said that the City Council could do that through their goals and through the Finance Committee before the next budget is set.

Councillor Simmons noted that there were no people signed up for Public Comment. On a motion by Vice Mayor Mallon to close Public Comment, the roll was called and resulted as follows:
YEA: Vice Mayor Mallon, Councillor Simmons, Councillor Sobrinho-Wheeler
NAY: Councillor Zondervan
ABSENT: Councillor McGovern
and the motion – Carried.

Councillor Sobrinho-Wheeler said he had a question about the home rule petition, and he also noted his preference to send this directly to the Ordinance Committee. He asked if the City Council had to do a home rule petition for the affordable housing portion, but not for the jobs linkage piece of this. Ms. Farooq said that the City Solicitor would be better able to answer this question. City Solicitor Glowa stated that she could not answer this at this hearing and would need to prepare a response.

Councillor Zondervan said that he would like to move this to the Council with a favorable recommendation and he would like to have all the outstanding questions answered in that forum. He said that he wanted to confirm that homeownership is a very important component, and his understanding is that the state and federal government do not subsidize this type of housing. He said that this is a very important racial justice issue because many Black people in the United States have been denied homeownership opportunities over several generations, which has led to much of the wealth inequality we’ve seen. He said he was formally making a motion to refer this to the City Council with a favorable recommendation.

Vice Mayor Mallon noted that Councillor Carlone had said that, as one of the chairs of the Ordinance Committee, the Ordinance Committee would be unlikely to be able to quickly schedule a hearing on this matter. She asked whether it would be possible to hold another Housing Committee hearing in the next two weeks to receive these reports and have a larger conversation on this. Councillor Carlone responded that the Ordinance Committee needs to advertise two weeks ahead for any hearing, and they need an extra week to get that process going. They just scheduled two other Ordinance hearings for December 8 and December 15 for other petitions that will be expiring on December 22. He said that it would be difficult to schedule this hearing as there would be no City Council meeting to approve this in this Council term. He said that it’s not due to a lack of interest, but a lack of sufficient time. Solicitor Glowa stated that in order for this to be submitted as a City Council petition, it must be adopted at a City Council meeting and voted upon, and at that point the Clerk would refer it to both the Ordinance Committee and the Planning Board for hearings. Vice Mayor Mallon said her remaining question is whether the Housing Committee could hold another meeting in the next couple of weeks, and Councillor Simmons stated that she would make every effort to schedule a follow-up hearing as soon as possible. Councillor Sobrinho-Wheeler suggested that the best path forward might be to have this hearing be recessed and continued in the next couple of weeks.

Councillor Zondervan stated his understanding is that all that is being decided is whether or not to submit a petition so that a Planning Board hearing and an Ordinance Committee hearing can be scheduled. He said that we all agree that this will not get hearings in those committees this term, but he feels that it will expedite the process for scheduling those hearings early in the next term. Councillor Simmons said that she felt there was a need for additional discussion in the Housing Committee, and her sense was that the Housing Committee had not yet reached full agreement on what the linkage fee should be raised to.

On a motion by Councillor Zondervan to forward to the City Council a favorable recommendation to increase the linkage fee to $33.34/sq foot, the roll was called and resulted as follows:
YEAS: Councillor Sobrinho-Wheeler, Councillor Zondervan
NOs: Vice Mayor Mallon, Councillor Simmons
ABSENT: Councillor McGovern
and the motion – Failed.

Ms. Farooq requested that questions be forwarded to her in writing in advance of the next Housing Committee hearing, and she said that time would be needed to research the answers. She asked if it would be possible to hold off on scheduling the next hearing beyond just two weeks. Councillor Simmons said that she would not be able to make that promise, as the clock is ticking on this Council term and the members of the Housing Committee very much desire to get this done as soon as possible. Councillor Simmons asked if Ms. Farooq and Ms. Glowa need a review of the questions being asked of CDD. She said her list of the questions being asked included the following:

• How much money is in the Affordable Housing Trust Fund now and what the projected funds will be in the next 3 - 5 years?

• What are the past percentages of money given to rentals versus homeownership units from the Affordable Housing Trust Fund?

• What would be needed from the City Council in order to create a jobs linkage fee?

• Would this jobs linkage fee require a home rule petition, separate from the affordable housing component? Did Somerville and Boston need to put forward home rule petitions to establish their jobs linkage fees?

• How is the number for the jobs linkage fee determined, and what range would that amount likely be?

• Is the 2019 Nexus study still sufficient for this discussion going forward?

• Can the City Solicitor provide a written order of events for how this moves forward from the Housing Committee to the City Council, the Planning Board, and the Ordinance Committee to ultimate ordination?

Councillor Zondervan said that he heard Ms. Farooq say earlier that if a jobs linkage fee were to be established, the City would need to create the equivalent of an Affordable Housing Trust for the jobs linkage, and he wants to know where that requirement comes from. He also said that he heard Ms. Farooq suggest that due to the low dollar amount projected for the jobs linkage fee, it isn’t considered worth pursuing, and he would like to know at what dollar amount does this become a more viable pursuit. He said he would like to know how much the City is spending on job development programs, and even if the jobs linkage fee turns out to be supplemental, it would still be helpful to see those numbers. Councillor Simmons asked that each of the City staffers present make a note of the questions asked so that answers can be provided once this hearing resumes.

On a motion by Councillor Simmons to recess the hearing, the roll was called and resulted as follows:
YEAS: Vice Mayor Mallon, Councillor Simmons, Councillor Sobrinho-Wheeler, Councillor Zondervan
ABSENT: Councillor McGovern
and the motion – Carried.

The hearing recessed at 3:14pm.

For the Committee,
Councillor E. Denise Simmons, Co-Chair
Councillor Jivan Sobrinho-Wheeler, Co-Chair

AWAITING REPORT LIST
16-111. Report on the potential of building below market rental housing on City-owned parking lots along Bishop Allen Drive. On a communication from Councillor McGovern requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Vice Mayor McGovern, Mayor Simmons (O-4) from 12/12/2016

18-38. Report on inventory of all City-owned vacant buildings and lots and the City's plans for them, if any.
Vice Mayor Mallon, Councillor Simmons, Vice Mayor Devereux, Mayor Siddiqui (O-2) from 3/26/2018

18-60. Report on a small business parking pilot that would allow temporary on-street employee parking during typical daytime operating hours.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Simmons (Calendar Item #1) from 5/14/2018

18-73. Report on establishing and implementing a dynamic new initiative that will seek to place Port residents (ages 18 and over) on paths to jobs with family-sustaining wages.
Councillor Simmons (O-6) from 6/25/2018

18-119. Report on evaluating the existing capacity of fire stations in the Kendall Square area and whether a new fire station is needed, and if so, determining the feasibility of locating a plot of land for this use.
Vice Mayor Mallon, Councillor McGovern, Councillor Toomey (O-2) from 11/5/2018

19-3. Report on establishing a Central Square Improvement Fund and allocate no less than 25% of funds generated to the arts.
Vice Mayor Mallon, Councillor McGovern (O-6) from 1/7/2019

19-49. Report on recommending restrictions on signage specific to retail establishments that sell e-cigarettes and other vaping devices.
Vice Mayor Mallon, Councillor McGovern, Councillor Toomey (O-15) from 4/8/2019

19-62. Report on drafting a formal Anti-bias /Cultural Competency Strategic Plan for eventual adoption and implementation.
Councillor Simmons (O-2) from 5/20/2019

19-66. Report on whether it is possible to reduce or eliminate Building Permit Fees for 100% affordable housing development projects, through an exemption or other means and investigate what types of real estate tax abatements are possible for 100% affordable housing moving forward.
Vice Mayor Devereux, Mayor Siddiqui, Councillor Carlone, Councillor McGovern (O-3) from 6/3/2019

19-100. Report on the feasibility of implementing an additional regulatory requirement for listing a registration/license number for Short-Term Rentals.
Councillor Kelley, Councillor McGovern, Mayor Siddiqui, Councillor Simmons (O-19) from 7/30/2019

19-130. Report on requesting to allocate more funds in the FY21 budget for the small business improvement grants and to confer with the Massachusetts Attorney General’s office on whether other cities in Massachusetts have been facing similar issues with ADA compliance and what can be done to protect the small businesses.
Councillor Toomey (O-14) from 10/7/2019

19-145. Report on reviewing all the City’s policies and procedures related to the procurement, installation and disposal of artificial turf.
Vice Mayor Devereux, Councillor Carlone, Councillor Kelley, Councillor Zondervan (O-7) from 10/21/2019

19-146. Report on reviewing the existing internal mechanisms for City staffers in all departments to report grievances, to determine if this system is functioning as it should or whether changes should be considered.
Councillor Simmons (O-3) from 10/28/2019

19-147. Report on installing hearing loop technology inside the Sullivan Chamber as part of the upcoming renovations to City Hall, and in other critical City meeting venues wherever possible and other accessibility improvements.
Councillor Zondervan (O-4) from 10/28/2019

20-6. Report on the acquisition and implementation of interpretation services for City Council meetings and other public City meetings.
Councillor Sobrinho-Wheeler, Councillor McGovern (O-8) from 1/27/2020

20-27. Report on the advantages and disadvantages of continuing with Civil Service, and the process by which Cambridge could exit Civil Service.
Councillor Nolan (O-5) from 6/22/2020

20-30. Report on establishing a plan designed to provide a thorough, system-wide review of the entire municipal government to identify and remove any vestiges of systemic racism and/or racial bias in any and all City departments, to establish clear, transparent metrics that will help further this critical endeavor.
Councillor Simmons, Vice Mayor Mallon, Councillor Carlone, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Nolan, Councillor Zondervan, Mayor Siddiqui, Councillor Toomey (O-3) from 6/29/2020

20-31. Report on determining how to best protect and preserve our commercial spaces that support our small business operators and maintain continuity in our commercial districts.
Councillor Toomey, Vice Mayor Mallon, Councillor Carlone, Councillor Simmons, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Nolan, Councillor Zondervan, Mayor Siddiqui (O-5) from 6/29/2020

20-36. Report on generating a report detailing the Sole Assessment Process, the Civil Service HRD process, the reason for choosing the Sole Assessment Process over the Civil Service HRD process, and the projected costs associated with both processes.
Vice Mayor Mallon, Councillor McGovern, Councillor Sobrinho-Wheeler (O-5) from 7/27/2020

20-60. Report on analyzing eviction data from 2018 through 2021 and come back with a plan on how to use this data to inform our next action steps.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Simmons, Councillor Sobrinho-Wheeler (O-8) from 11/2/2020

20-61. Report on an update on City-Owned Vacant Properties Inventory.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Simmons, Councillor Nolan, Councillor Carlone, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Zondervan, Councillor Toomey (O-2) from 11/16/2020

20-65. Report on exploring the feasibility of hiring a consultant to perform an Equity Audit on the Cambridge Arts Council.
(O-1) from 11/23/2020

20-69. Report on formulating an RFP for a public arts project that will acknowledge the unfinished work of the 19th Amendment, the importance of the Voting Rights Act of 1965, and how the two pieces of legislation ultimately complemented one another in helping to shape a more perfect union.
Councillor Simmons, Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan (Calendar Item #2) from 11/30/2020

20-72. Report on the condition of 105 Windsor Street and cost estimates of any repairs needed and provide recommendations on how to develop any other underused properties based on an inclusive public process centered in the Port neighborhood.
Councillor Zondervan, Mayor Siddiqui, Councillor Carlone, Councillor Simmons (Calendar Item #1) from 12/14/2020

21-8. Report on removing hostile architecture whenever public spaces are designed or redesigned and to create design guidelines that ensure our public spaces are truly welcoming to the entire community and determine how existing bench fixtures can be addressed to support all residents who use them.
Councillor Zondervan, Councillor Sobrinho-Wheeler, Councillor McGovern, Mayor Siddiqui (Calendar Item #3) from 2/8/2021

21-9. Report on providing an overview of various programs and services that are designed to assist the City’s chronically unhoused population and those in danger of becoming unhoused, along with the metrics by which the City determines the effectiveness of these programs.
Councillor Simmons, Councillor McGovern, Councillor Toomey, Vice Mayor Mallon (O-1) from 2/22/2021

21-10. Report on whether or not the City can require written notice be sent to all abutters, both property owners as well as tenants, regarding the scheduling of a hearing regarding the extension of a building permit request to the Planning Board.
(O-5) from 2/22/2021

21-14. Report on presenting options to the Council to ensure that the staff at Albany Street are properly compensated for their work, and that guests are treated with the respect and dignity they deserve.
Councillor Zondervan, Councillor McGovern, Councillor Sobrinho-Wheeler (Calendar Item #3) from 3/8/2021

21-17. Report on initiating a process to begin chronicling the rich and vibrant history of people of color in Cambridge, similar to other City-commissioned books such as “We Are the Port: Stories of Place, Perseverance, and Pride in the Port/Area 4 Cambridge, Massachusetts 1845-2005” and “All in the Same Boat” and “Crossroads: Stories of Central Square, Cambridge, Massachusetts 1912-2000”.
Councillor Simmons (O-2) from 3/15/2021

21-19. Report on providing an update on progress made towards including information from the Cambridge Minority Business Enterprise Program in the Open Data Portal.
Vice Mayor Mallon, Councillor Simmons (O-4) from 3/22/2021

21-29. Report on updating the Parental Leave Policy for employees.
Mayor Siddiqui, Councillor Carlone, Councillor Nolan, Councillor Simmons (O-7) from 4/26/2021

21-30. Report on increasing the affordable homeownership stock over the next 10 years by financing the construction of affordable homeownership units through a bond issue of no less than $500 million.
Councillor Zondervan, Councillor Simmons (Calendar Item #1) from 5/3/2021

21-32. Report on exploring and implement strategies to enhance safety at the intersection of Memorial Drive and DeWolfe Street.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Nolan (O-2) from 5/3/2021

21-35. Report on providing options to update the HomeBridge and Affordable Home Ownership Programs to better align with the City’s values, and promote racial equity and socioeconomic justice.
Vice Mayor Mallon, Mayor Siddiqui (O-6) from 5/3/2021

21-36. Report on developing a holistic plan for managing the traffic and congestion in the Alewife area.
Councillor Nolan, Vice Mayor Mallon (O-2) from 5/17/2021

21-42. Report on reviewing Cambridge’s corporate contracts and purchases to identify any vendors or manufacturers whose products are used to perpetuate violations of International Human Rights Laws and Cambridge’s policy on discrimination.
Councillor Nolan, Councillor McGovern, Councillor Simmons (Calendar Item #2) from 5/25/2021

21-43. Report on referring the Cambridge HEART proposal for funding consideration and to engage in a public community process to discuss this proposal and its implementation.
Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Carlone, Councillor Zondervan (Calendar Item #1) from 6/7/2021

21-45. Report on taking all necessary steps to waive the dog license fee for all senior citizens and examine options for reducing the fees for low-income residents.
Councillor McGovern (Calendar Item #1) from 6/14/2021

21-46. Report on the feasibility of purchasing properties for sale in the Alewife area to address City goals.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan, Councillor Carlone (O1) from 6/14/2021

21-47. Report on exploring the feasibility of expanding services at the senior centers, especially by adding clinical staff.
Vice Mayor Mallon, Councillor Simmons (O-3) from 6/14/2021

21-48. Report on determining if the City has the discretion to waive the Commonwealth's housing sanitary code requirements and the circumstances in which the City could administer this waiver.
Vice Mayor Mallon, Mayor Siddiqui (O-4) from 6/14/2021

21-49. Report on making immediate improvements at the intersection of Cardinal Medeiros Avenue, Binney and Bristol Streets and to all intersections in the city that are similarly malfunctioning, and to implement longer term changes.
Councillor Zondervan, Councillor Carlone, Councillor Sobrinho-Wheeler, Councillor Nolan (O-8) from 6/14/2021

21-50. Report on providing an update on the cost of each license and permit required by businesses, which business license and permit fees are set under state law, which are set by ordinances, and which are determined administratively, as well as which licenses and permits the City has the discretion to waive entirely.
Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Councillor Nolan, Councillor Zondervan (O-9) from 6/14/2021

21-51. Report on examining and implementing a flexible, permanent remote work policy for City employees who can perform their tasks remotely.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan (O-5) from 6/28/2021

21-52. Report on examining stipend models for the City's multi-member bodies.
Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Mayor Siddiqui, Councillor Zondervan (O-8) from 6/28/2021

21-53. Report on examining safety improvements at the intersection of Ware and Harvard Streets.
Councillor Sobrinho-Wheeler (O-9) from 6/28/2021

21-55. Report on assessing 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.
Councillor Simmons, Councillor McGovern, Mayor Siddiqui, Vice Mayor Mallon (O-4) from 8/2/2021

21-57. Report on how the city is working to get City staff to 100% vaccinated and decrease the likelihood that COVID-19 spreads via City staff and in City Buildings.
Councillor Nolan, Councillor Sobrinho-Wheeler, Mayor Siddiqui, Vice Mayor Mallon (O-10) from 8/2/2021

21-58. Report on addressing increased gun activity.
Councillor Simmons, Councillor McGovern, Mayor Siddiqui, Vice Mayor Mallon (O-4) from 8/2/2021

21-60. Report on reviewing the residential parking permit program to determine whether the criteria for this program can be modified to limit the issuance of residential permits to vehicles that are primarily utilized for personal, non-commercial use.
Councillor Simmons (O-3) from 9/13/2021

21-61. Report on the City’s rodent and pest control efforts since February 2020, to outline what metrics are being used to determine the effectiveness of these efforts, and to issue recommendations as to whether increasing the budget for these efforts, as well as creating new incentives and penalties to ensure community compliance with regulations around rodent control, would lead to a greater level of success in resolving this issue. See Mgr #7
Councillor Simmons, Councillor Toomey, Mayor Siddiqui, Councillor McGovern, Councillor Zondervan, Councillor Nolan (O-4) from 9/13/2021

21-62. Report on the feasibility of installing lights at all Cambridge dog parks. See Mgr #6
Councillor McGovern (O-4) from 9/13/2021

21-63. Report on using only locally sourced produce, farmers, and resident gardeners to study the feasibility of spending Coronavirus Local Fiscal Recovery Funds to address food insecurity by installing raised garden beds throughout Cambridge and providing free, fresh, locally-grown food for residents in need.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Zondervan, Councillor Carlone (O-9) from 9/13/2021

21-64. Report on the efforts the City has made toward creating LGBTQ+-Friendly Housing over the past decade, to state what impediments had been identified in realizing this effort, and to outline recommendations for how the City may successfully create such housing within the next three years.
Councillor Simmons (O-1) from 9/20/2021

21-65. Report on the milestones that will be used to determine when the indoor mask mandate will no longer be needed.
Councillor Nolan, Vice Mayor Mallon, Mayor Siddiqui (O-4) from 9/20/2021

21-66. Report on reaching out to the owner of 689 Massachusetts Avenue to inquire about the prospect of selling this building to the City of Cambridge.
Councillor Simmons (O-2) from 9/27/2021

21-67. Report on working with the staff at the Cambridge Historical Commission, the DCR Commissioner, and members of Cambridge’s state delegation to approve, fund and execute the design and installation of a suitable historic marker by April 2022 to recognize the vision of Frederick Law Olmsted and others in transforming the Cambridge riverfront landscape.
Councillor Carlone, Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Zondervan (O-6) from 9/27/2021

21-68. Report on re-establishing the Community School Neighborhood Councils.
Councillor Simmons, Councillor McGovern, Councillor Toomey (O-4) from 10/4/2021

21-69. Report on determining the feasibility of creating a uniform process for aiding the resettlement of refugees in Cambridge.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Carlone, Councillor SobrinhoWheeler (O-3) from 10/18/2021

21-70. Report on determining the feasibility of purchasing property from Lesley University to address City goals.
Mayor Siddiqui, Councillor Nolan, Councillor Zondervan, Councillor Simmons (O-4) from 10/18/2021

21-71. Report on placing a cricket field in one of the Cambridge parks.
Mayor Siddiqui, Councillor Carlone, Councillor McGovern, Councillor Sobrinho-Wheeler (O-5) from 10/18/2021

21-72. Report on appointing a task force that will hold regular public meetings to solicit ideas and feedback from residents on the distribution of American Rescue Plan Act funds.
Mayor Siddiqui, Councillor Simmons, Councillor Carlone, Councillor Sobrinho-Wheeler, Councillor Nolan (O-6) from 10/18/2021

21-73. Report on confirming with the State if the Truck Restriction map is up to date, who should be enforcing the ban on Alewife Brook Parkway, and what actions can be taken moving forward.
Councillor Toomey (O-9) from 10/18/2021

21-74. Report on supporting the Uplift the Solar Energy Industry in Massachusetts coalition.
Councillor Nolan, Councillor Zondervan (O-12) from 10/18/2021

21-76. Report on providing an explanation of the incident, including whether legal requirements and department policies for arrests were properly followed. See Mgr #8
Councillor Zondervan, Councillor Sobrinho-Wheeler (O-15) from 10/18/2021

21-77. Report on ways to report pedestrian and cyclist accidents in real time to residents.
Vice Mayor Mallon, Councillor Sobrinho-Wheeler, Councillor Zondervan (O-1) from 10/25/2021

21-78. Report on in addition to stricter parking enforcement, a viable long-term strategy must be developed to mitigate the issues created by the removal of the metered parking spaces along Massachusetts Avenue near Banks Street to ensure that those providing home-based services to seniors in this neighborhood are fully able to do so.
Councillor Simmons (O-2) from 10/25/2021

21-80. Report on all work done on the Carl Barron Plaza redesign proposal and all feedback from the community including the unhoused community in conjunction with the petition. See Mgr #5
Councillor Zondervan, Councillor McGovern, Councillor Sobrinho-Wheeler, Councillor Carlone (O-4) from 10/25/2021

21-82. Report on support of implementing key safety improvements on the Harvard Bridge, including flex post-protected bike lanes by the end of the year and bus lanes as soon as can be feasibly coordinated with the MBTA.
Councillor Zondervan, Councillor Sobrinho-Wheeler, Councillor McGovern, Vice Mayor Mallon, Councillor Nolan (O-8) from 10/25/2021

21-83. Report on piloting a Winter Youth Employment Program to determine if this concept could be expanded beyond just the summer months.
Councillor Simmons (O-1) from 11/1/2021

21-85. Report on how people with limited mobility can access services on Massachusetts Avenue with the current proposed bike lane plan include in the report the number of fires in the last ten years on that section of Mass. Avenue requiring a ladder truck, in order to determine the feasibility of allowing two-hour parking including some handicapped spots in bus lanes during off-rush hours to ease the burden on those who rely on cars for transportation out of necessity.
Councillor Nolan (Calendar Item #3) from 11/15/2021

21-86. Report on establishing a working committee to recommend a process for naming the City’s parks, buildings, street corner dedications and playgrounds that is predictable, understandable, and transparent.
Councillor Simmons (O-6) from 11/15/2021

21-87. Report on working to ensure all seniors have access to scam prevention materials and training.
Mayor Siddiqui, Councillor Simmons (O-3) from 11/8/2021

21-88. That the City Manager be and hereby is requested to instruct the Law Department to provide a legal opinion regarding the effect of the proposed Ordinance to Limit and monitor campaign donations on the petitioners of a Citizens’ Petition and the Owners, Board members and employees of an organization seeking financial assistance from the city of Cambridge; and to draft enforcement language and to draft language exempting labor unions from the Ordinance and to provide an opinion about whether Somerville’s Ordinance regarding campaign donations would survive a legal challenge.
Councillor Carlone (O-6) from 11/8/21