CITY MANAGER’S AGENDA
1. Transmitting Communication from Louis A. DePasquale, City Manager, relative to an order authorizing the City Manager to transfer necessary funds needed to maintain appropriation control as part of the fiscal end-of-year closeout process. (CM22#118)
Order Adopted 9-0

June 6, 2022
To the Honorable, the City Council:

As the end of the fiscal year approaches, some necessary transfers will be needed to maintain appropriation control as part of the fiscal end-of-year closeout process. These transfers involve funding departmental salary and wage accounts from the salary adjustment budget account. The funding for the salary adjustment budget account was approved in the FY22 Adopted Budget. The City Council annually has authorized the City Manager to make necessary transfers from available budget balances for the orderly closure of the fiscal year.

I am requesting passage of this order to permit the same activity to occur this year.

Very truly yours,
Louis A. DePasquale
City Manager

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Agenda Item Number 1     June 6, 2022
ORDERED: That pursuant to the provisions of General Laws, Chapter 44, Section 33B, and prior to the close of books for FY22, the City Manager is hereby authorized to transfer appropriations from allotments with available balances to those needing supplementation.

5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 22-20, regarding placing free pet waste bags at additional sites around the City. (CM22#122)
Placed on File 9-0

Date: May 31, 2022
To: Louis DePasquale, City Manager
From: Owen O’Riordan
Re: Awaiting Report 22-20, dated April 11, 2022, regarding placing free pet waste bags at additional sites around the City and use the municipal signs at City Hall and other locations for an educational campaign on how to properly dispose of pet waste

In response to the above awaiting report please be advised that on a weekly basis staff from Public Works check and refill pet waste bags at approximately 100 locations citywide. The majority of these bags are located at parks and open spaces where dog activity is most prevalent and where historically we have had issues with owners not cleaning up after their pets.

Public Works staff is working closely with staff from the Animal Control Commission to identify additional locations where dispensers will be beneficial as well as areas where dog owners congregate and where bag dispensers currently do not exist. Our primary focus will be on open spaces as well as City-owned properties such as schools and municipal buildings. We anticipate installing additional free pet waste dispensers this summer at several new locations.

With regard to an educational campaign, as part of the City’s NPDES storm water permit we are required to distribute an annual message in the summer (June/July) encouraging the proper management of pet waste. The following is what we reported in last year’s annual reporting:

• DPW with assistance for the Cambridge Water Department (CWD) and Cambridge Animal Commission (AC) continued to promote its Canines for Clean Water campaign (pledge form and pet waste bag dispenser giveaways, and brochure/poster) to inform pet owners of their responsibilities regarding pet waste management.
  Currently, due to COVID, the CWD set up a passive display area with dog waste dispensers, pledge information and a poster discussing the reasons why it is important to pick up after your pet. Visitors to CWD/ Fresh Pond were able to take dog waste bag dispensers.
• DPW worked with MyRWA’s Stormwater Collaborative on advertising pet waste messaging on Facebook and Twitter.
• City of Cambridge (CoC) posted on social media the importance of picking up after your pet to protect local waterways.
• The Animal Commission included an information poster with each dog license sent out in the mail about the importance of picking up after pets and impact to waterways.

In the past we have also distributed “Canine for Clean Water” pet waste dispensers at our public outreach events on stormwater management (River Festival, Fresh Pond Day, PARKing Day, The Port Party, etc.) and also during the rabies clinic. Additionally outreach information has been added to the Animal Commission’s webpage: Scoop the Poop, and What’s the Problem with Dog Waste

Attached are examples of information that has been produced and displayed. We will continue to explore additional ways to get this information out including use of City lawn signs.

6. A communication transmitted from Louis A. DePasquale, City Manager, relative to proposed amendments to the Truck Safety Ordinance, Chapter 8.112.080 of the Cambridge Municipal Code (“Ordinance”). [Manager’s Letter] [Revised Truck Ordinance (red-lined)][Revised Truck Ordinance (as ordained)] [Proposed Order 6A] [Proposed Order 6B] (CM22#123)
Order 6A Adopted 9-0; Order 6B Adopted as Amended (Zondervan) 9-0

June 6, 2022
To the Honorable, the City Council:

I attach hereto for the City Council’s immediate consideration is proposed amendments to the Truck Safety Ordinance, Chapter 8.112.080 of the Cambridge Municipal Code (“Ordinance”). I recommend these proposed amendments because the City has been unable to procure vendors for various City contracts, including contracts for goods and services required to meet the operational needs of the City such as the food service program for public school students, delivery of sanitation facilities, delivery of essential commodities for water purification and filtration for the water treatment plant, delivery of technology and educational materials, and delivery of goods and services required for buildings and maintenance. This also response to Awaiting Report Item Number 22-39.

The Ordinance requires that trucks utilized by City vendors with a gross vehicle weight rating of over 10,000 pounds be outfitted with certain safety features. For various contracts, some vendors have been unwilling to submit any proposals or bids to fulfill the City’s needs for goods and/or services. Of note is that the Cambridge School Department has contacted vendors who traditionally participate in the food service program regarding the requirements of this Ordinance, and those vendors have indicated that they will not sign a City contract that requires compliance with the Ordinance. Given the foregoing and the nature of the food program marketplace at the current time, it is unlikely that the City will be able to procure contracts for the food service program for public school students that the School Department needs immediately.

The proposed amendments would clarify that the Ordinance applies only to trucks travelling through Cambridge, and would provide that the Purchasing Agent, upon the recommendation of the Commissioner of Public Works and the Director of Traffic, Parking, and Transportation, could waive application of the Ordinance where the City is unable to secure sufficient responses to a procurement solicitation. The proposed amendments would further provide that the Commissioner of Public Works and the Director of Traffic, Parking and Transportation may recommend a waiver by the Purchasing Agent of the application of the Ordinance under extenuating circumstances for certain types of procurements. These proposed amendments would allow the City to avoid potential disruptions in the delivery of critical materials, supplies and services.

In circumstances where there is insufficient time to advertise the proposed amendments and move them to a second reading as required by Section 1.12.030 of the Municipal Code, it may be passed through all stages of legislation at a meeting of the City Council, pursuant to City Council Rule 20, if it is determined by the City Council to be an emergency measure pursuant to G.L. c.43, §§20-22. The City Council must declare in a preamble that this is an emergency measure, and there must be a two-thirds vote of the members of the City Council declaring that this measure is an emergency measure pursuant to G.L. c. 43, §20. At this time, the City is in danger of failing to procure a vendor to provide food for its public school students, as well as other critical supplies and services, and I believe that this constitutes a circumstance that would justify enacting these amendments to the Ordinance as an emergency measure. I therefore recommend that the Council pass these amendments immediately pursuant to this process.

Very truly yours,
Louis A. DePasquale
City Manager

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Agenda Item Number 6A     June 6, 2022  Adopted 9-0
WHEREAS: The City Council wishes to amend the Truck Safety Ordinance, Chapter 8.112.080 of the Cambridge Municipal Code, because the City has been unable to procure various critical supplies and services; and
WHEREAS: Pursuant to Rule 20 of the City Council Rules, an ordinance may be passed through all stages of legislation at one session if no member of the City Council objects thereto, and pursuant to G.L c. 43, §20, the City Council may pass an ordinance on the date on which it is introduced if it orders by a two-thirds vote that the proposed ordinance amendments are or relate to a special emergency involving the health or safety of the people of Cambridge or their property; now, therefore be it
ORDERED: That the City Council hereby determines that the attached amendments to the Truck Safety Ordinance, Chapter 8.112.080 of the Cambridge Municipal Code, are or relate to a special emergency involving the health or safety of the people of Cambridge or their property.

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Agenda Item Number 6B     June 6, 2022  Adopted 9-0
ORDERED: That the City Council adopt the attached amendments to the Cambridge Municipal Code, Chapter 8.112.080, the Truck Safety Ordinance, as a special emergency to allow the City of Cambridge to procure various critical supplies and services.

CHARTER RIGHT
1. That the City Manager be and hereby is requested to direct the Director of the Traffic, Parking, and Transportation Department to limit the blocking off of Memorial Drive to vehicular traffic to Sundays. (PO22#102)
Tabled 8-1 (QZ-NO)

Calendar Item # 1     June 6, 2022 [Charter Right - Toner, May 23, 2022]
COUNCILLOR SIMMONS
WHEREAS: A number of residents have been reaching out to the City Council voicing increasing concern regarding the summertime closure of Memorial Drive to vehicular traffic from 7am Saturday mornings through 8pm Sunday evenings; and
WHEREAS: These residents have cited concerns around the significant traffic backups this has created via new traffic congestion that is being redirected down Banks Street, Flagg Street, Putnam Avenue, and other area side streets, and the fact that peoples’ access to Memorial Drive remains closed overnight Saturday in spite of the fact that Riverbend Park closes to pedestrians at 7pm on Saturday; and
WHEREAS: Some residents have also cited concerns that those living in and around these side streets will now have significantly longer commute times to area hospitals in the event of medical emergencies during the weekend long blocking off of Memorial Drive; and
WHEREAS: Residents in this area have urged the City to acknowledge the hardships these traffic snarls have created, to recognize that closing Memorial Drive to traffic for the majority of the weekend might have been acceptable during the height of the Covid-19 pandemic when fewer people were leaving their homes and driving, but that this is now creating too heavy a burden on too many Cambridge residents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Director of the Traffic, Parking, and Transportation Department to limit the blocking off of Memorial Drive to vehicular traffic to Sundays, and to report back on this matter to the City Council in a timely manner.

13. A communication was received from Lynn Cetrulo, regarding Traffic planning and road layouts.

From: Lynn Cetrulo
Sent: Wed, June 1, 2022 10:52pm
To: City Council
Subject: Traffic planning and road layouts

City Council:

I don’t know who is exactly responsible for the traffic catastrophe on Mt Auburn St. Traffic is frequently at a stand still in front of Mt Auburn hospital and practically stretches back to Harvard Square on a daily basis …and I don’t know who is proposing further destruction and disruption of what were once reasonable routes of passage. The utter lack of common sense and consideration for anyone other than bikers shows me that no one who has common sense and good judgment is overseeing the roads of Cambridge.

I could really go on but I need go no further than to ask any one of you to stand in front of Mt Auburn hospital from 11:30am to 5:30pm. Observe the lack of planning for yourselves.

Lynn Cetrulo
Long time Cambridge resident

17. A communication was received from Larry Cetrulo, regarding Traffic planning and road layouts.

From: Cetrulo, Lawrence
Sent: Thurs, June 2, 2022 7:33am
To: Lynn Cetrulo
Cc: City Council; City Clerk
Subject: Re: Traffic planning and road layouts

Councillors,

1. Once again I write to fully endorse Mrs. Cetrulo’s opinions.

2. In your zeal to appease bikers who, in any event, rarely follow the rules of the road, you are turning Cambridge and the Harvard Square area into a traffic nightmare, an inhospitable place for neighborhood businesses, and a patently less safe environment for motor vehicles, pedestrians and bikers alike.

Larry Cetrulo
46 Grozier Road

2. A communication was received from Mayor Sumbul Siddiqui, transmitting information regarding the Executive Session for the City Manager hiring process. (COF22#71)
Order Adopted 9-0; Executive Session held

Proposed Order     June 6, 2022
The City Council Meeting to discuss the City Manager hiring process will convene in open session. The City Council may then go into an Executive Session to conduct contract negotiations with a candidate for City Manager. The City Council will return to open session.

4. A communication was received from Mayor Siddiqui, transmitting a communication about the Charter Review Committee. (COF22#73)
pulled by Nolan; Charter Right - Azeem

To: Cambridge City Council
From: Sumbul Siddiqui, Mayor
Date: June 2, 2022
Subject: Communicating information about the Charter Review Committee

To the Honorable, the City Council:

As you know, a ballot initiative passed in November of 2021 regarding the formation of a commission to review Cambridge’s City Charter. I have introduced a policy order asking for the formation of an ad hoc committee, composed of four City Councillors, to appoint members to the Charter Review Commission. To ensure we have a candidate selection process that is balanced, there is a desire to have more than one member of the City Council select self-nominated candidates for the Charter Review Commission. Therefore, the committee will be composed of myself and three other members of the Council.

The Charter Review Commission will have between 10 and 15 members. No elected officials are permitted to take part in this commission -- only registered voters in the City of Cambridge. Per the passage of the ballot initiatives this past November, the Commission will review the Cambridge City Charter, hold extensive community forums, and gather input from all stakeholders and residents, and provide recommendations based on their findings to the City Council. Any proposed changes will be reviewed by the City Council and any recommendations the City Council passes will be put before all voters in a municipal election prior to adoption. The Charter Review Commission itself will represent the diversity of the city.

Attributes Desired in Members of Commission:
  • Experience working in a collaborative environment
  • Understands the charter review process, ballot initiative, and goals of the commission
  • Demonstrated service to the City of Cambridge
  • Ability to interpret and integrate feedback from members of the public
  • Willing and able to devote time to meet to deliberate at least one time each month

The ad hoc committee expects to release a self-nomination form within the next week and will review applications on a rolling basis. The committee will update the City Council with a communication once to Commission members have been selected. Please do not hesitate to reach out if you have any questions.

Respectfully,
Mayor Siddiqui

TEXT OF ORDERS
O-1     June 6, 2022
COUNCILLOR SIMMONS
WHEREAS: Details have recently surfaced that Harvard University is in possession of “…the human remains of at least 19 individuals who were likely enslaved and almost 7,000 Native Americans — collections that represent ‘the University’s engagement and complicity’ with slavery and colonialism” according to reports in the Harvard Crimson and elsewhere; and
WHEREAS: Harvard University, as it has recently acknowledged in its own Report of the Committee on Harvard & the Legacy of Slavery, is just one of many institutions in the United States that derived profit, manpower, or knowledge from enslaved and indigenous peoples in its earliest centuries, and while the university has provided an excellent educational foundation to individuals over the past nearly 400 years, it is only right that this institution take the appropriate steps to acknowledge and atone for its past grave misdeeds; and
WHEREAS: One significant and important step that Harvard University must take is to work as quickly and deliberately as possible to return the human remains of the nearly 7,000 indigenous peoples and 19 enslaved individuals currently in their possession to the appropriate parties; and
WHEREAS: While Harvard University can no more erase its past misdeeds any more than the United States can erase its own shameful history around slavery and the treatment of indigenous people, it can and it must work to atone for these past sins in efforts to move towards a more holistic path forward, just as our country itself must strive to do; now therefore be it
RESOLVED: That the City Council go on record urging Harvard University to work as quickly and deliberately as possible to ensure that the human remains of the nearly 7,000 indigenous peoples and 19 enslaved individuals currently in their possession are released to the appropriate parties; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Lawrence Bacow, President of Harvard University, on behalf of the entire City Council.

O-2     June 6, 2022
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
COUNCILLOR AZEEM
WHEREAS: Mildred Jean (Jeter) Loving and Richard Perry Loving, from the state of Virginia, married for love in 1958, but traveled to Washington D.C. to get married because it was illegal for an interracial couple to marry in Virginia; and
WHEREAS: The Lovings returned to Virginia to be near their families, but soon after their return, the police raided their home in the middle of the night and arrested the couple; they avoided going to jail by agreeing to a suspended sentence on the condition that they permanently move out of the state; and
WHEREAS: The couple returned to Washington D.C., devastated by their inability to travel together to visit their home and families in Virginia; and
WHEREAS: The Lovings fought the law that prohibited them to live as a legally married couple in their state by taking their case all the way to the United States Supreme Court; and
WHEREAS: On June 12, 1967, in a landmark civil rights decision, the Supreme Court struck down the Virginia Interracial Marriage Ban Law and similar laws in 15 other states because it violated the 14th amendment, and the Lovings could now return to their home without fear of persecution; and
WHEREAS: The courage of the Lovings is an inspiration to us all and a true example of perseverance and persistence in the face of great struggle; and
WHEREAS: In 2018, the Council unanimously passed a resolution declaring “June 12 to be Loving Day in Cambridge in the years that follow with the goal of making this day an opportunity to recognize, accept, and applaud all kinds of families;” now therefore be it
RESOLVED: That the City Council renews its observance of Loving Day on June 12, 2022, and encourages all Cambridge residents to embrace the diversity of families and recognize the importance of this day.

O-3     June 6, 2022
COUNCILLOR ZONDERVAN
COUNCILLOR MCGOVERN
MAYOR SIDDIQUI
COUNCILLOR CARLONE
WHEREAS: June is national Caribbean-American Heritage Month, a time to recognize the significance of Caribbean people and their descendants in the history and culture of the United States; and
WHEREAS: This special month features events that celebrate the rich culture, traditions, and history of Caribbean people in the United States; and
WHEREAS: The combination of red, green, and gold symbolizes resistance, independence, strength, and Black empowerment throughout the Caribbean; and
WHEREAS: There is a long history of Caribbean-American people living and working in Cambridge; and
WHEREAS: June 2019 was the first official celebration of Caribbean-American Heritage Month in Cambridge; and
WHEREAS: It is especially important to safely celebrate and uplift the community however we can during this period of transition to our new normal; now therefore be it
RESOLVED: That the City Council declare the month of June 2022 to be Caribbean-American Heritage Month in the City of Cambridge; and be it further
RESOLVED: That the City Council will work to suitably celebrate Caribbean-American Heritage Month, subject to any limitations imposed by the pandemic, including (but not limited to) lighting up City Hall in red, green, and gold (yellow), decorating the Sullivan Chamber, and holding an outdoor celebration; and be it further
RESOLVED: That the City Clerk be and hereby is requested to prepare a suitably engrossed copy of this resolution to be presented at the outdoor celebration on behalf of the entire City Council.

O-4     June 6, 2022
COUNCILLOR SIMMONS
WHEREAS: One of the hallmarks of a healthy, functioning democracy is proper community engagement, ensuring that those being governed are fully aware of the policies being proposed or enacted, and providing them with the opportunity to weigh in on and potentially influence these policies for the betterment of all; and
WHEREAS: It has become clear that the City of Cambridge lacks clear, cohesive, standardized policies, practices, and procedures for conducting community engagement, that practices around community outreach and engagement vary from department to department, and that many people throughout the community often feel left out, disrespected, unvalued, or unheard due to how the City conducts its community engagement efforts; and
WHEREAS: A variety of community engagement methods, including public meetings, robocalls, emails, social media posts, door-knocking, posting on the City’s website, and sending notices through the mail can and must be employed to reach as many Cambridge residents as possible, yet there must also be a standardized, systemic approach, across all departments, to engaging with the public so that a predictability of when, where, and how public meetings will take place during the roll-out of new policies or initiatives can be established, and this will ultimately make our community engagement more predictable, more reliable, and more effective; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City personnel and other appropriate parties to develop a standardized, transparent, and cohesive community engagement plan for the entire, department-wide municipal government, and to report back on this matter to the City Council in a timely manner.

O-5     June 6, 2022
COUNCILLOR SIMMONS
WHEREAS: As part of the City’s ongoing efforts to acknowledge and address our own internal cultural blind spots, it is necessary that the members of the City Council occasionally refresh ourselves on what our blind spots and biases may look like, and to explore what steps we can take to successfully navigate around those; now therefore be it
ORDERED: That the Mayor be and hereby is requested to schedule a Diversity, Equity, and Inclusion training for the members of the City Council for a date in the Fall of 2022.

O-6     June 6, 2022
MAYOR SIDDIQUI
COUNCILLOR SIMMONS
WHEREAS: In 1871, Patrick H. Raymond became the first African American fire chief in Cambridge and the United States; and
WHEREAS: Patrick was the Captain of Engine 5 in Inman Square, was promoted to Assistant Chief Engineer, and then promoted to Chief Engineer in January 1871; and
WHEREAS: Chief Raymond advocated for stronger fire prevention codes, an increase in the number of fire companies throughout Cambridge, and a fully paid, permanent fire department staff rather than volunteers; and
WHEREAS: There is a small marker about Patrick Raymond being the first African American Fire Chief in the country at 10 Pleasant Street; therefore, be it
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request for the corner by 10 Pleasant Street to be dedicated to Chief Patrick H. Raymond, the first African American fire chief; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for their review and approval.

O-7     June 6, 2022  Charter Right - Toner
COUNCILLOR TONER
WHEREAS: Glacken Field has recently reopened and there is an increased amount of activity from the golf course, the baseball fields and tot lot; and
WHEREAS: The increased activity results in families and children crossing back and forth at different points along Huron Avenue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Parking and Transportation Department review the area around the crosswalks at Glacken Field and consider possible traffic calming efforts and safety measures to improve pedestrian safety.

O-8     June 6, 2022  Amended; Charter Right - Azeem
MAYOR SIDDIQUI
COUNCILLOR NOLAN
WHEREAS: The City Council is currently in the process of forming a Charter Review Commission; and
WHEREAS: In an effort to ensure we have a candidate selection process that is balanced, there is a desire to have multiple City Council members select self-nominated candidates for the Charter Review Commission; and
WHEREAS: It has been determined that an ad-hoc committee can be formed from members of the City Council to appoint members to the Charter Review Commission; now therefore be it
ORDERED: That an ad-hoc committee of the Cambridge City Council be formed for the purpose of reviewing and selecting self-nominated residents and stakeholders to be on the Charter Review Commission with the following four (4) City Council members:
  • Mayor Siddiqui
  • Vice Mayor Mallon
  • Councillor Nolan
  • Councillor Toner
ORDERED: That the ad-hoc committee confers with the Law Department prior to any meeting to discuss confidentiality and open meeting law issues; be it further ordered
ORDERED: That the ad-hoc committee will ensure the full City Council has input into the Charter Review Commission Members and will put a communication on the June 27, 2022 Council meeting agenda with a list of Commission Members.

TEXT OF COMMITTEE REPORTS
Committee Report(s) #1
May 10 - Present: Nolan, Azeem, Carlone, Mallon, Siddiqui, Simmons, Toner, Zondervan, McGovern
May 11 - Present: Nolan, Azeem, Carlone, Mallon, McGovern, Siddiqui, Simmons, Toner, Zondervan
May 17 - Present: Nolan, Carlone, Mallon, McGovern, Siddiqui, Simmons, Toner; Absent: Azeem, Zondervan

THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2023 in the amount of $754,373,160 held public hearings on this matter on May 10, 2022 commencing at 9:00am and May 11, 2022 commencing at 6:00pm and on May 17, 2022 commencing at 10:00am.

THE FINANCE COMMITTEE has referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2023 in the sum $754,373,160, to the full City Council with a favorable recommendation.

THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the WATER FUND for the City of Cambridge for Fiscal Year 2023 in the amount of $13,537,970 held public hearings on this matter on May 10, 2022 commencing at 9:00am and May 11, 2022 commencing at 6:00pm and on May 17, 2022 commencing at 10:00am.

THE FINANCE COMMITTEE has referred the WATER FUND for the City of Cambridge for Fiscal Year 2023 to the full City Council with a favorable recommendation for the adoption of the enclosed order in the total amount of $13,537,970.

THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2023 in the amount of $41,163,235 held public hearings on this matter on May 10, 2022 commencing at 9:00am and May 11, 2022 commencing at 6:00pm and on May 17, 2022 commencing at 10:00am.

THE FINANCE COMMITTEE has referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2023 to the full City Council with a favorable recommendation for the adoption of the enclosed order in the total amount of $41,163,235.

For the Committee,
Councillor Patricia Nolan, Chair

Committee Report #2
The Ordinance Committee will meet to conduct a public hearing on a petition to amend the zoning ordinance entitled “Article 22 Sustainable Design and Development” (Ordinance #2022-7).
Date: Wed, Apr 6, 2022, 5:30pm, Sullivan Chamber
Present: McGovern, Zondervan, Azeem, Carlone, Mallon, Nolan, Siddiqui, Simmons, Toner

Amendment to Article 22 of the Zoning Ordinance of the City of Cambridge entitled “SUSTAINABLE DESIGN AND DEVELOPMENT” to insert a new section.

Councillor Zondervan called the meeting to order.

Councillor Zondervan provided a PowerPoint presentation to the committee. He explained that the petition is the outgrowth of a petition filed in 2021. The petitioners received advice and suggestions from the Planning Board, the Law Department, and the Community Development Department. Large commercial buildings are creating tremendous economic opportunity but the folks living across the street have little to no access to that economic opportunity. Providing green jobs training programs can create more economic opportunity for low income and minority community members, while at the same time fighting climate change.

Councillor Zondervan provided a brief overview of Green New Deal proposals pending before the City Council. The petition requires that the City have a complete picture of the emissions profile of the building for each year in operations until 2050. The intent is to have developers provide their emissions, so that the planning board and CDD in consultation with the developer can potentially mitigate or reduce some of their emissions by recommending different materials or different construction techniques. The goal of this petition is to improve the accuracy of the green building reports by providing, ensuring a pathway to zero emissions for new buildings by providing an annual emissions profile to the year 2050, requiring full emissions accounting, including the embodied emissions, and then also to improve the readability and utility of the reports by clarifying and improving some of the reporting standards.

The embodied emissions would include manufacturing of the building materials, transportation to the site, and heavy equipment used on the site, such as cranes and things like that. The embodied emissions would not include installation of renewable energy facilities, emissions generated from human labor emissions from transporting landscaping materials to the site, or emissions from installing electric vehicle supply equipment. The expected annual emissions have requirements to include on-site combustion such as a natural gas boiler to heat the building, emissions from the grid electricity and then the tenant plug loads.

Currently, the petition only applies to large commercial buildings, the Planning Board would like to consider whether we should include residential buildings as well. There is a cost associated with that because it costs some money to produce those calculations.

Jeffrey Roberts, Director of Zoning and Development, stated that the Planning Board voted to send a recommendation in favor of adoption. Board members were generally supportive of requiring this information at the early stage of development in order to get that information available, and to encourage designers and developers to consider the emissions of their project early in the process. There was particular support among Planning Board members for considering the embodied carbon emissions.

In response to a question from Councillor Nolan about including more than just commercial buildings, Mr. Roberts stated that currently there is the green building requirements and the zoning ordinance that apply generally to all development 25,000 square feet or more, including residential and commercial component of that green building requirement is the submission of a net zero narrative, which is information that’s provided about a building’s energy performance and greenhouse gas emissions. This would be information that would kind of be supplementary. It is meant to better inform the design of projects, as a way to ensure that the development team and the design team is cognizant of these issues.

In response to a question from Vice Mayor Mallon about adding this requirement on residential buildings, Mr. Roberts stated this proposal would be supplementing the requirements that currently apply to all projects, residential and commercial, that are subject to the green building requirements. Residential projects are often doing this kind of work anyway. The cost of doing the analysis could be a concern but it is not a whole new set of requirements, it would be one additional piece in concert with other requirements that already apply.

Vice Mayor Mallon encouraged City staff to analyze the potential of the proposal to increase the cost of housing.

Megan Bayer, Assistant City Solicitor, stated that changes to the petition to include residential properties would likely be a change in the fundamental character of the petition, which would require the refiling of the petition.

In response to a question from Vice Mayor Mallon about the need for additional staff, Councillor Zondervan stated that these projects will hire consultants who are able to help with these calculations. The planning board has some expertise on these matters.

Councillor Carlone stated that architects have software tools that may be able to perform these calculations automatically.

Councillor Zondervan opened the floor to public comment.

Kendyl Maher-Trumble testifying on behalf of her colleagues at Harvard University. We agree that accounting for embodied carbon emissions in the built environment should be part of a comprehensive strategy for sustainability and resilience. We want to work with the Council to ensure that policies are carefully calibrated into both the current regulatory framework as well as the ongoing work related to the City’s Net Zero action plan. This calculation is anticipated to be an industry standard, but it’s currently a new and developing field without clarity, which requires flexibility. The petition also goes beyond embodied carbon and looks at Lifetime expected emissions. How is the lack of this data to be addressed and the regulations the building owners comply with the regulation? How does the operational carbon aspects of this policy compare to existing net zero and BEUDO policies?

Sarah Gallup, MIT and Government and Community Relations, asked for an opportunity to sit down and talk through the language. There might be some additional questions, for example, whether or not housing will be included.

Councillor Zondervan stated that the claim that the total emissions calculation relies solely on year one emissions is not correct. The whole point is to require annual emissions out to 2050, which can and should incorporate these different aspects that were mentioned, like the expected decline of grid emissions.

Motion to close public comment at 6:21pm
Yea: McGovern, Zondervan, Azeem, Carlone, Mallon, Nolan, Siddiqui, Simmons, Toner

Councillor McGovern stated that the Council should be careful about additional requirements to building housing. The City should be doing everything it can to make building housing easier and more affordable. In response to a question from Councillor McGovern about similar legislation in other communities, Councillor Zondervan stated that there is an effort in California to establish some standards for embodied emissions in building construction. New York City and also Ithaca, New York, are moving in this direction as well.

Councillor McGovern and Councillor Zondervan discussed referring the item to the full City Council. Councillor Zondervan stated that he preferred to refer the item.

In response to a question from Councillor Azeem about the tools available for these calculations, Seth Federspiel, Sustainability Planner, stated that there are increasingly a number of tools that can help to do this work, but those tools are still fairly nascent in their use and the track record of their use.

Iram Farooq added that she does not recall any developers other than Alexandria having submitted embodied emissions information to the City.

Councillor Carlone stated that the Scandinavian countries that have much higher air standards may have standards and have done this already.

Councillor Azeem stated that he leaned toward referring the item to the full City Council favorably.

Councillor Nolan emphasized the importance of this proposal as a part of a holistic and comprehensive approach to climate change. She stated that she has spoken to a couple of architects to confirm that the software is available.

Councillor Carlone re-emphasized the importance of addressing climate change. He stated that the big issue with housing is competing with commercial developers.

Vice Mayor Mallon stated that she was in favor of keeping the petition in committee and starting to have some stakeholder conversations.

Councillor Toner supported keeping the petition in committee.

Councillor Zondervan stated that the calculations under Building Energy Use Disclosure Ordinance would be a separate process once the building is constructed to calculate the actual embodied emissions.

Mayor Siddiqui stated that the points that have been raised by Harvard and MIT are valid. She encouraged the Council to have conversations with affected stakeholders.

Iram Farooq stated that the Community Development Department could convene some conversations with subject matter experts and other developers and broaden the scope beyond just Harvard and MIT.

ORDERED: That Councillor Zondervan and Councillor Carlone work with Community Development, the Law Department and stakeholders to further refine the language of the petition.
Yea: McGovern, Zondervan, Azeem, Carlone, Mallon, Nolan, Siddiqui, Simmons, Toner
Absent: Simmons

Motion to refer the petition to the full City Council with a favorable recommendation:
Yea: Azeem, Carlone, Nolan, Siddiqui, Zondervan
Nay: Mallon, McGovern, Toner
Absent: Simmons

Motion to adjourn at 7:08pm:
Yea: McGovern, Zondervan, Azeem, Carlone, Mallon, Nolan, Siddiqui, Toner
Absent: Simmons

Proposed Order     June 6, 2022
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE
COUNCILLOR NOLAN
ORDERED: That the City Council amend the Article 22 of the Zoning Ordinance of the City of Cambridge entitled “SUSTAINABLE DESIGN AND DEVELOPMENT” to insert a new section 22.24.4 to read as follows:

22.24.4 Emissions Accounting.

The provisions in this section shall not apply to any residential buildings that include affordable units.

All buildings subject to this section shall provide as part of their compliance with section 22.25.1(c)2 a total greenhouse gas emissions calculation as follows:

a) Embodied Emissions: Estimated emissions generated by the construction of the Green Building Project. The Embodied Emissions shall be documented by a licensed engineer, using Passive House or other acceptable energy and emissions modeling software, and include:

1) Emissions for manufacturing all building materials used, including associated raw materials extraction, production and transportation, including all concrete, steel, aluminum and glass.

2) Estimates for transportation emissions caused by delivering the materials to the construction site.

3) Emissions generated on the site by heavy equipment such as cranes.

The Embodied Emissions shall not include:

1) Emissions associated with installing renewable energy facilities on site, including but not limited to solar PV and solar hot water, air source and ground source heat pumps, and any other systems that substantially reduce the future emissions of the building.

2) Emissions generated from human labor (e.g. individual transport, small power tools, food consumption, etc.).

3) Emissions for transporting landscaping materials and plants to the site.

4) Emissions associated with installing electric vehicle supply equipment (EVSE).

b) Expected Annual Emissions. The developer shall present an accounting of the expected emissions to be generated by routine operation of the building over the course of each calendar year.

Emissions will be calculated as metric tons of CO2 equivalent using the estimated EUI (source and site EUI) for the building, taking into account the anticipated local emissions profile for the grid (ISO New England adjusted by the Massachusetts Renewable Energy Portfolio Standard (RPS)) (source EUI) for each year to convert grid electrical consumption (kWH) into emissions. The estimated EUI for the building shall include:

1) Expected onsite combustion such as a natural gas boiler to heat the building for the expected lifetime of such equipment.

2) Grid electricity for operating anticipated equipment and lights in the building, including but not limited to HVAC systems, elevators, and light fixtures.

3) Tenant/occupant plug loads and other tenant/occupant contributions to EUI (site and source) that can reasonably be estimated.

The estimated EUI for the building may be calculated by subtracting from the total estimated energy consumption any energy produced by onsite renewable energy systems such as solar PV systems planned to be installed prior to occupancy that net meter to the building itself.

The Expected Annual Emissions calculation shall not include:

1) Tenant plug loads and tenant installed onsite fossil fuel combustion (e.g. a natural gas appliance) that cannot be reasonably anticipated.

2) Backup generators.

3) Transportation emissions associated with the building operation.

4) Emissions associated with electric vehicle charging at the building.

c) Lifetime Expected Emissions. The Lifetime Expected Emissions from the building will be calculated as the sum of the Expected Annual Emissions from the year of first occupancy until 2050.

d) Total Emissions. The Total Emissions expected to be generated by the building will be the sum of the Embodied Emissions and the Lifetime Expected Emissions.

e) Reporting Standards. All emissions and energy use (EUI) reporting shall follow the standards specified in Chapter 8.67 of the Municipal Code (“Building Energy Use”) and associated regulations, and shall be reported in Metric Tons of Carbon Dioxide Equivalents (MTCO2e) for emissions and British Thermal Unit (BTU) per square foot per year for EUI. The total values for the building shall be summarized in the report using a template tabular form to be provided by the City.