Cambridge City Council meeting - June 13, 2022

Cambridge City Council meeting - June 13, 2022 - AGENDA
[McGovern, Siddiqui remote due to quarantine; Zondervan, Simmons also remote]

2. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Summer Food Program grant funded by the U.S. Department of Agriculture through the Massachusetts Department of Elementary and Secondary Education for $807,360 to the Grant Fund Human Services Salary and Wages account ($10,000) and to the Other Ordinary Maintenance account ($797,360) which will be used to provide nutritious meals to Cambridge youth at 8 open meal sites and 40 closed meal sites/camps throughout the City during the summer months when schools are closed. (CM22#125)
Order Adopted 9-0

3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Project Bread Summer Eats grant for $5,000 to the Grant Fund Human Services Other Ordinary Maintenance account which will be used to enhance promotion and outreach, support activities, to pay for program related supplies. (CM22#126)
Order Adopted 9-0

4. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Low-Income Home Energy Assistance Program (LIHEAP) grant in the amount of $115,957 funded by the Commonwealth of Massachusetts Department of Housing and Community Development to the Grant Fund Human Service Programs Other Ordinary Maintenance account which will be used to operate LIHEAP serving Cambridge and Somerville. (CM22#127)
Order Adopted 9-0

6. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt, with additional comments, the Emissions Accounting Zoning Petition. (CM22#129)
pulled by Zondervan; Referred to Petition (Zondervan) 8-0-1 (Simmons - ABSENT) - expected to be allowed to expire, amended, and resubmitted

June 13, 2022
To the Honorable, the City Council:

Please find attached for your consideration a Planning Board recommendation to adopt, with additional comments, the Emissions Accounting Zoning Petition.

Very truly yours,
Louis A. DePasquale
City Manager

Date: May 17, 2022
Subject: Emissions Accounting Zoning Petition
Recommendation: The Planning Board RECOMMENDS ADOPTION, with additional comments.

To the Honorable, the City Council,

On March 29, 2022, the Planning Board (the “Board”) held a public hearing to discuss a Zoning Petition by the City Council to amend Article 22.000 of the Cambridge Zoning Ordinance to require applicants of most Green Building Projects to provide, as part of their compliance with the Net Zero Narrative in Section 22.25.1(c)2, an accounting of greenhouse gas emissions generated by construction, expected annual emissions generated by routine building operations, lifetime expected emissions until the year 2050, and total expected emissions (the “Petition”). This accounting would be estimated and provided for informational purposes only. As proposed, the requirements would not apply to any residential buildings that include affordable units, and the Petition identifies specific types of emissions that shall and shall not be included in each of these calculations. The Board heard a presentation from Councillor Zondervan and Councillor Carlone, representing the petitioners, and received written materials from staff in the City’s Community Development Department (CDD).

Following the presentation, public comment, and discussion among Board members, the Planning Board voted to transmit a favorable recommendation on this Petition to the City Council, with some additional comments.

Board members agreed that it is important for developers and designers to think about greenhouse gas emissions at the early stages of a project, and it will be helpful to make projections of greenhouse gas emissions available to the Planning Board and the public during a project’s review. Board members also remarked that there is a relatively new awareness of “embodied” greenhouse gas emissions in building materials, which has been identified through the City’s Net Zero planning efforts as a contributor to total emissions that should be studied.

The Board offered the following additional comments:

• Most Planning Board members agreed that because the intent of the Petition is to provide accurate information at the early design stage, it would be preferable to make the requirement applicable to all projects subject to Green Building Requirements, instead of excluding certain residential developments.

• Most Planning Board members also agreed that for the information to be most useful, the fullest possible accounting of greenhouse gas emissions should be undertaken, not necessarily excluding features such as renewable energy systems, electric vehicle infrastructure, and landscaping. Although such features may provide a positive environmental benefit, the embodied emissions for the whole project should be included to the extent practicable to provide a full picture of the project’s net impacts.

Board members recommended that City staff provide a detailed review of the Petition text, and suggest any modifications that would improve its clarity and application.

The Planning Board voted with seven members in favor of transmitting the above recommendation. Two members were absent.

Respectfully submitted for the Planning Board,
Mary Flynn, Vice Chair.

8. A communication transmitted from Louis A. DePasquale, City Manager, relative to order requesting the appropriation and authorization to borrow $49,000,000 to provide additional funds for the construction of the Tobin Montessori and Vassal Lane Upper Schools project located at 197 Vassal Lane. (CM22#131)
pulled by Nolan; Appropriation/Loan Order Passed to 2nd Reading 8-1 (Zondervan - NO) [Note that this would bring the total cost to $299 million]; Reconsideration Fails 0-9

June 13, 2022
To the Honorable, the City Council:

Please find attached an order requesting the appropriation and authorization to borrow $49,000,000 to provide additional funds for the construction of the Tobin Montessori and Vassal Lane Upper Schools project located at 197 Vassal Lane.

When the appropriation of $237 million was approved in June 2020, coupled with the $13 million that had been previously appropriated, the estimated project cost totaled $250 million. Since then, overall costs have increased due to significantly enhanced sustainability & resiliency features, latent site conditions, supply chain shortages and higher than average construction escalation within the public bidding domain. In addition, because of the pandemic the relocation of the Tobin students was delayed by a year from the initial start date. The scheduled date for project completion is the Fall of 2025, which has not changed.

The timing of this appropriation is in conjunction with the Construction Manager’s (Contractor) Guaranteed Maximum Price which the City recently received based upon completion of final bids. This agreement between the City and the Construction Manager (CM) ensures that we are locked into our pricing and removed from further escalation costs. The CM has built in construction contingencies and allowances for some common unknowns and assumptions (excluding owner directed changes) and feels confident the facility can be delivered and open for September 2025 occupancy. Delaying contracts in hopes for a reduced bidding climate is no guarantee and would delay the project completion date due to the uncertainty this would create and may also invite protests under Massachusetts bidding laws. While the increase over estimated costs are large, it would be significantly more if we had used a traditional 149 bidding process, because the entire project would not be bid until this time, subjecting the entire scope to more escalation and market volatility. Due to the City’s use of the 149A process we were able to start bidding components within early bid packages which allowed us to lock in lower pricing earlier.

The following describes some of the major components that contribute to the increase in the cost of the project. Within the past 24 months the construction industry, like many others, has seen a drastic increase in escalation costs (8-10% per year or more) of materials and availability. Major trade items such as exterior metal wall panels, roofing & flashing, waterproofing, electrical, ductwork and millwork have all seen excessive increases due to product availability. Typically, in past public bidding projects we would see overages and underruns that would roughly net out. Trade bids coming in around budget have been outpaced by others coming in almost 50% over budget. Due to the CM at Risk process, the project was able to utilize an early bid process for structural steel, concrete foundation system and geothermal well drilling which resulted in bids within our expected budget.

The City’s commitment to sustainability within the Tobin complex infrastructure is extremely apparent. A steel trellis allowing for an edge to edge photovoltaic solar array on top of the roof was recently added to further this commitment. Infrastructure for 100% electric vehicles, and a closer look at materials in regards to their chemical makeup and resiliency highlight new additions to the sustainability program for which these additional funds are necessary.

The Tobin School and Callanan Park was always known to be built upon an unregulated dump site. With few suitable options within the City, the decision has been made to keep the school on this site as it would be less costly than acquisition and remediation costs for anything similar in size. Although the project captured a majority of soil remediation costs prior to start of construction, these latent conditions have had cost impacts embedded within the bid packages. A majority of the site has gone through a site stabilization process to address environmental, structural and geotechnical concerns. Also, due to the geotechnical properties beneath the waste and clay layer, some deep foundation systems have had to be modified. This has had an effect on both the building and stormwater tank foundation costs.

In addition to the cost of actual construction bids, there have been some increases in consultants and Construction Management fees. The existing building and site have many environmental and geotechnical conditions that have needed to be under constant supervision through our Licensed Site Professional (LSP). From oversight of abatement, subsurface investigation, monitoring construction site conditions & oversight for soil stabilization, these tasks were unquantifiable until bid time when means & methods were approved. In addition to those tasks, our LSP also coordinates our updates with state and federal agencies such as the EPA and MassDEP. The CM at Risk process is based on the CM receiving a fee of construction costs. With the higher values across the board this fee has meant an increase in insurances, bonds and in some cases the need for additional on-site supervision.

In many of these instances the City team is working closely with the Designers and Contractors to develop possible value engineering goals which alters the scope of the project. However typically the City will not see a true dollar for dollar return on alterations and changes after bidding. Furthermore, the ultimate goal is to provide the building and exterior park with the design intent which has been committed to the many stakeholders during an extensive process. This goal is consistent with the commitment to provide a facility that meets the education and programmatic needs of both the City and School communities.

The Tobin Montessori & Vassal Lane Upper Schools project is a significant undertaking. As a summary this project encompasses a new 359,100 square foot building with underground parking garage that will house the Tobin Montessori School, Vassal Lane Upper School and the Department of Human Service Programs Preschool and After School Programs, Special Start, and full-immersion Autism Spectrum Disorder (ASD) programs. It includes a full 539-seat auditorium that will serve as a City-wide resource, a cafeteria that can serve both Schools and the ASD program simultaneously with audiovisual support for special events. It has two gymnasiums that can be accessed after hours. The project includes a professional development room for teacher education that can also be used as a multipurpose room. Other educational features include learning centers for each School and a life skills room for the Vassal Lane Upper School. Project site improvements include renovations and upgrades to Father Callanan Park which will enhance protected and recreational open space, providing a variety of age-appropriate play areas, multi-purpose fields, and public access to bike and community paths. Site improvements include an increase in the quantity of trees and tree canopy over time Project infrastructure improvements include mitigating potential future street flooding with construction of an on-site 1.25-million-gallon underground storm water tank, together with storm water bioswales. The design reflects and supports the City’s high standards for educational success and will meet its aspirations for being the most sustainable and energy efficient school building in the City of Cambridge and is designed to be Net Zero Emissions under the City of Cambridge’s Net Zero Action Plan and includes the City’s largest photovoltaic array to date. This complex facility will be one of the signature buildings in the City’s portfolio of sustainability and resilience, including sustainable landscape, healthy materials, enhanced ventilation, and advanced daylight harvesting.

These additional costs were unforeseen and are based upon the current construction climate. Fortunately, the City has the flexibility to adjust for this appropriation, which if approved will be included in its current bonding schedule in the out years, and meets the commitment the City has made to the community.

Therefore, I strongly recommend the approval of this recommendation so that the project can move forward on schedule so that students can move into the building in September of 2025.

Very truly yours,
Louis A. DePasquale
City Manager

Agenda Item Number 8 June 13, 2022
WHEREAS: That $49,000,000 is appropriated, for the purpose of financing the design and construction of the Tobin and Vassal Lane Upper School; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $49,000,000 under Chapter 44 of the General Laws or any other enabling authority.

10. A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommendation that the City Council approve an Order to take by a so-called “friendly” eminent domain proceeding a 3-story office building comprising approximately 25,385 square feet (30,227 square feet with usable basement space) on a 0.23 acre lot located at 689 Massachusetts Avenue, Cambridge, MA 02139. (CM22#133)
pulled by Mallon;

(1) Appropriation of $11,551,208 from Free Cash to pay the pro tanto, as set forth above and below (Order Adopted 9-0)

(2) Approve the Order of Taking (Order Adopted 9-0)

(3) Appropriation of $2,212,349 from Free Cash to settle the eminent domain damages claim and to pay the remainder of the purchase price of $14,500,000 after subtracting the pre-paid five year initial lease payment of $736,443 which will enable the City to acquire the Property and thereby resolve UUSC’s damages claim (Order Adopted 9-0)

(4) Appropriate $2,750,000 from Free Cash to develop plans, acquire the fit-out and furnishings and to undertake minor renovations for City departments to use and occupy the building. (Order Adopted 9-0)

(5) Reconsideration Fails 0-9

June 13, 2022
To the Honorable, the City Council:

I am pleased to be writing to recommend that the City Council approve an Order to take by a so-called “friendly” eminent domain proceeding a 3-story office building comprising approximately 25,385 square feet (30,227 square feet with usable basement space) on a 0.23 acre lot located at 689 Massachusetts Avenue, Cambridge, MA 02139 (the “Property”), which is presently owned by the Unitarian Universalist Service Committee, Inc. (the “UUSC”), a nonprofit, charitable service corporation organized and existing under the laws of the Commonwealth of Massachusetts. Pursuant to Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, the Cambridge City Council is authorized to take in fee in the name of the City for any municipal purpose any land within the limits of the City not already appropriated for public use. I recommend that the City Council take the above referenced parcel of land by eminent domain for the purpose of creating municipal office space and all uses accessory thereto.

Background

Last calendar year, the UUSC began the process of professionally marketing this Property, resulting in three rounds of bidding. The third round of bidding included a requirement that the UUSC would remain as a tenant on the third floor of the building at the Property for five years with an option to continue its tenancy for an additional five years. After the City approached the UUSC about its interest in the possible acquisition of the Property, the UUSC indicated to City officials that the UUSC had decided that the City of Cambridge’s potential acquisition of the Property for municipal office uses would further their mission of community involvement and decided further that the City’s office use of the Property would be beneficial to Central Square. City officials informed the City Council in March 2022 in Executive session of this opportunity and stated that the City Manager would bring forward a recommendation to the Council if negotiations with UUSC to take the Property in a friendly eminent domain taking were successful.

The cost to the City to acquire the Property in this friendly taking is $14,500,000, which is less than the initially estimated cost. The final net cost to the City includes the proposal for the UUSC to make the payment for the initial five year lease up front, which will be deducted from the purchase price, so the final cost to the City will be $13,763,557. I will therefore be seeking an appropriation in that amount for that purpose. In addition, there is another appropriation request I am making to provide $2.75 million in funds for building fit-out as the City develops its plans to occupy the office space at the Property for City departments. One use that I intend for this office space will be to house the new Community Safety Department, which was included in the Adopted FY23 Budget.

Overall, the purchase of this Property will allow the City to adequately provide office space for employees and the programs they service. The City has expanded its workforce significantly over the past several years with no increase in space for additional employees. A total of 150 new staff positions have been added since Fiscal Year 2018. The City’s lack of office space is a serious problem which will still exist after the acquisition of this Property, even with the possibility of the City’s adoption of a new hybrid work policy. With the purchase of this Property, the City can begin to address this problem. In addition, the proximity of this Property to City Hall and transit lines makes it an ideal location and an opportunity which rarely presents itself. The acquisition of this Property will allow the City to continue with its commitment to meet the enhanced needs and programs for the City.

Process

The City’s assessed value of the Property for Fiscal Year 2022 is $10,210,900. This assessed value reflects the value as of January 1, 2021. The valuation includes a taxable portion, which is the first floor that has housed commercial tenants, and a tax-exempt portion on the second and third floors of the building that house UUSC office space. This assessed value does not represent the Property’s current fair market value, as the assessed values always look back in time. The true indication of the current fair market value of this Property has been estimated by a highly qualified appraiser retained by the City Solicitor. The appraiser, Steven R. Foster, MAI of Lincoln Property Company, has determined that the fair market value of the Property at its highest and best use, which is characterized as commercial use, is $14,500,000. In addition to the City Solicitor, the City’s Chief Assessor Gayle Willett has also reviewed Mr. Foster’s appraisal in an additional examination to ensure that the appraised value represents the current market rate value of the Property. Under the state’s laws pertaining to eminent domain takings, the City would pay the pro tanto amount allowed by law to the UUSC. A pro tanto payment is an initial payment that the property owner can accept without prejudice to its right to bring a claim for the full amount of damages that it asserts is due.

Under the law, a property owner has the right to challenge the amount of the pro tanto payment in a legal proceeding and could seek to persuade a court that it is entitled to the current fair market value of the property. The eminent domain procedure allows the City to exceed the limits that G.L. c.40, §14 and G.L. c.43, §30 impose on the purchase price of a property (which is the average of the three prior years’ assessed value of the property plus a 25% increase) after an owner of land taken by eminent domain has sought damages for the remainder of the fair market value of the property.

The City intends, subject to the City Council’s approval, to pay the remainder of the agreed upon purchase price of $2,212,349 through the settlement of the UUSC’s eminent domain damages claim-this is why this type of transaction is referred to as a “friendly taking.” The UUSC has agreed to a settlement of any such claim if the City Council votes to approve the appropriation of the pro tanto, authorizes the taking of this property by eminent domain, and appropriates the full amount of the agreed upon purchase price in order to settle the eminent domain damages claim.

As an overview, some of the steps in this process to satisfy legal requirements include:

1. The City has retained an appraiser, Steven R. Foster, MAI of Lincoln Property Company, who performed and evaluated a required independent appraisal of the Property;

2. The City has received a First American Title Insurance Company Title Commitment issued by one of the company’s agents, the law firm of Marsh, Moriarty, Ontell & Golder, P.C., who performed a full title examination of the Property;

3. The City Council must vote to approve the Appropriation Order in the amount of $11,551,208 in order to appropriate funds from Free Cash to pay the pro tanto, as set forth above and below;

4. The City Council must, by a two-thirds vote, vote to approve the Order of Taking; and

5. The City Council must vote to approve the Appropriation Order in the amount of $2,212,349 in order to appropriate funds from Free Cash to settle the eminent domain damages claim and to pay the remainder of the purchase price of $14,500,000 after subtracting the pre-paid five year initial lease payment of $736,443 which will enable the City to acquire the Property and thereby resolve UUSC’s damages claim.

6. In addition, the City Council must appropriate $2,750,000 in funds from Free Cash to develop plans, acquire the fit-out and furnishings and to undertake minor renovations for City departments to use and occupy the building.

Requests for Appropriation

I am hereby requesting an appropriation in the amount of $11,551,208 from Free Cash to the General Fund Law Department Travel and Training (Judgement and Damages) Account to cover the pro tanto payment toward the expenses of acquisition as required by the above referenced Sections of Chapters 40 and 43 of the General Laws for the property located at 689 Massachusetts Avenue owned by UUSC.

After the City Council votes on the Appropriation Order to fund the pro tanto payment and votes by a two-third vote on the Order of Taking, I am also hereby requesting that the City Council vote to approve the second Appropriation Order in order to appropriate funds in the amount of $2,212,349 from Free Cash to the General Fund Law Department Travel and Training (Judgement and Damages) Account to fund the settlement of UUSC’s remaining eminent domain damages claim. Lastly, I am hereby requesting that the City Council vote to approve the third Appropriation Order to appropriate funds in the amount of $2,750,000 from Free Cash to develop plans, acquire the fit-out and furnishings and to undertake minor renovations for City departments to use and occupy the building for municipal office use.

I strongly recommend that the City Council approve this unique opportunity to acquire this Property to address the City’s office space requirements and vote to approve the Orders of Taking and for the Appropriation of funds.

Very truly yours,
Louis A. DePasquale
City Manager

Agenda Item 10B June 13, 2022

ORDER OF TAKING

WHEREAS: By Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, it is provided that the Cambridge City Council may take in fee in the name of the City for any municipal purpose any land within the limits of the City not already appropriated for public use; and

WHEREAS: The City Manager of Cambridge and City Council, in order to provide for land for municipal purposes, have approved and authorized that the City should under the provisions of the aforesaid Chapters of the General Laws take and hold for general municipal purposes the parcel of land located at 689 Massachusetts Avenue, Cambridge, County of Middlesex, Massachusetts as hereinafter bounded and described and any buildings and trees thereon, owned of record by The Unitarian Universalist Service Committee, Inc. by virtue of deed dated May 17, 2007 and recorded in Book 49483, Page 550; and

WHEREAS: An appropriation duly made by the City Council on June 6, 2022, is sufficient to cover the estimated pro tanto expenses of acquisition as required by the aforesaid Sections of Chapters 40 and 43;

WHEREAS: by virtue of and in pursuance of the authority conferred by said Chapters of the General Laws and by every other power and authority it thereto enabling, the City of Cambridge by its City Council does hereby take the land located at 689 Massachusetts Avenue, Cambridge, County of Middlesex, Massachusetts and hereinafter described, and all privileges and appurtenances thereto belonging as well as all trees and all structures thereon, excepting any easement of record, for general municipal purposes and for all purposes and uses accessory thereto. Intending to take and hereby taking in fee simple all land, excepting any easement of record, included within such description by whomsoever the same may be owned, vis:

Two parcels of land located on Massachusetts Avenue, in Cambridge, Commonwealth of Massachusetts, being bounded and described as follows:

Parcel One

A certain parcel of land with the buildings thereon situated and lying in Cambridge, Middlesex County, Commonwealth of Massachusetts, and bounded and described as follows:

Beginning at point in the northeastwardly line of Massachusetts Avenue at the corner of a granite pillar which marks the southeast corner of the premises herein which said point is distant one hundred (100) feet southeastwardly from Temple Street and thence running northeastwardly by land now or formerly of the Joy estate fifty and ten hundredths (50 10/100) feet, thence turning and running northwestwardly by said Joy estate thirty-five hundredths (35/100) of a foot, thence turning and running northeastwardly again by said Joy estate twenty-four and ninety hundredths (24 90/100) feet, thence turning and running southeastwardly again by said Joy estate eighty-six hundredths (86/100) of a foot thence turning and running northeastwardly again by land now or formerly of Robbins et al one hundred and ten and ten hundredths (110 10/100) feet to land now or formerly of Emerson & Slater, thence turning and running Northwestwardly again one hundred and one and twenty-six hundredths (101 26/100) to Temple Street, thence turning and running Southwestwardly by said Temple Street one hundred eighty-four and eighty-nine hundredths (184 89/100) feet to Massachusetts Avenue, thence turning and running southeastwardly again by said Avenue one hundred (100) feet more or less to point of beginning.

Excluding from the above-described, that portion of the premises conveyed to Saiman Sirk by deed dated April 30, 1907 and recorded with Middlesex South District Registry of Deeds at Book 3297, Page 170.

Together with the benefit of matters as set forth or reserved in Deed by Cambridgeport Savings Bank to Saiman Sirk dated May 1, 1907 and recorded at Book 3297, Page 170, as affected by Indenture dated May 12, 1969 and recorded at Book 11678, Page 496 by and between John F. Rich, et al., Trustees of Negea Realty Trust, and Cambridgeport Saving Bank which document extinguishes any restrictions agreements and reservations set forth in the deed at Book 3297, Page 170.

Parcel Two

A certain parcel of land with the buildings thereon in Cambridge, Middlesex County, Massachusetts, being shown as “Parcel C” on a plan entitled “Plan of Land in Cambridge, Mass.,” dated March 10, 1969, William S. Crocker, Inc., Civil Engineers and Surveyors, Boston, Mass., recorded with the Middlesex South Registry of Deeds in Plan Book 11678, Page 496, bounded and described as follows:

Beginning at a point in the southeasterly line of Temple Street distant northeasterly on said line of said Temple Street 97.50 feet from its intersection with the northeasterly line of Massachusetts Avenue and thence running southeasterly on abutting land of Cambridgeport Savings Bank 26.54 feet; thence turning and running northeasterly in a straight line 3.50 feet; thence turning and running northwesterly by remaining land of said Trustees 26.54 feet to Temple Street aforesaid; thence turning and running southwesterly by said Temple Street 3.50 feet to the point of beginning. Containing 92.9 square feet more or less of land.

Parcels One and Two above are also described as follows:

Certain parcels of land with any improvements thereon being situated in the City of Cambridge, County of Middlesex and Commonwealth of Massachusetts, and being more particularly bound and described as follows:

Beginning at a granite building corner at the intersection of the northeast line of Massachusetts Avenue (variable width) with the southeast line of Temple Street (variable width);

Thence, along the southeast line of Temple Street, North 45 deg. 00’ 00” East, 101.00 feet to a capped rebar set;

Thence, leaving the southeast line of Temple Street, South 45 deg. 04’ 59” East, 100.04 feet to a capped rebar set;

Thence, Southeast 45 deg. 01’ 11” West, 101.00 feet to a granite building corner on the northeast line of Massachusetts Avenue;

Thence, along the northeast line of Massachusetts Avenue, North 45 deg. 04’ 59” West, 100.01 feet to the Point of Beginning and containing 0.2319 acres (10,102 square feet) of land, more or less.

Said Parcels One and Two being shown as Parcels 1 and 2 on a plan Entitled “ALTA/ASCM Land Title Survey” of land prepared by Millman Surveying, Inc. 659 Massachusetts Avenue, City of Cambridge and recorded with the Middlesex South Registry of Deeds as Plan No. 1647 of 2006.

This taking is subject to all legal highways and easements of record.

The pro tanto damages awarded with respect to said Parcel of Land are Eleven Million, Five Hundred Fifty-One Thousand, and Two Hundred and Eight ($11,551,208) Dollars and the supposed owner is The Unitarian Universalist Service Committee, Inc.

NOW THEREFORE BE IT

ORDERED: The taking of fee simple title in the Parcel of Land, excepting any easement of record, along with all buildings and trees thereon herein described is hereby authorized in accordance with General Laws, Chapter 40, Section 14, Chapter 43, Section 30 and Chapter 79, all as amended for general municipal purposes and for all purposes and uses accessory thereto.

2. A communication was received from Mayor Siddiqui, transmitting a communication about the Charter Review Committee. [Charter Right – Azeem, June 6, 2022] (COF22#73)
Placed on File 9-0

ON THE TABLE
4. 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. [Tabled June 6, 2022] (PO22#102)

UNFINISHED BUSINESS
5. Amendment to Article 22 of the Zoning Ordinance of the City of Cambridge entitled “SUSTAINABLE DESIGN AND DEVELOPMENT” to insert a new section. [Ordinance Committee Report from June 6, 2022] (PO22#23)

APPLICATIONS AND PETITIONS
1. An application was received from Cambridge School Department requesting permission for 20 temporary banners in Central Square and around CRLS/Broadway announcing “Congratulations CRLS Class of 2022”. (AP22#28)
Order Adopted 9-0

2. An application was received from Jason Gagnon representing The Friendly Toast, requesting permission for One Awning, One Projecting Sign and One Retractable Awning sign at the premises numbered 1230 Massachusetts Avenue approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutter. (AP22#29)
Order Adopted 9-0

3. An application was received from Joseph Correia representing Kittie Knox Community Cycle Center, requesting permission for an awning and blade sign at the premises numbered 181 Morgan Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters. (AP22#30)
Charter Right - Simmons

COMMUNICATIONS
1. A communication was received from Cynthia Broner, regarding Brattle Street Parking Petition.

2. A communication was received from Phyllis Benjamin, regarding Hoyt Field Dog Group petition.
pulled by McGovern; referred to Policy Order #1

3. A communication was received from Suzanne Preston Blier, regarding Thank you for your thoughtful selection of a new city manager last night.

4. A communication was received from Sheli Wortis, regarding Public comment at 6/6/22 City Manager selection meeting.

5. A communication was received from Joseph Poirier, regarding City Council Health Environment Committee Leaf-blower comment.

6. A communication was received from Heather Hoffman, regarding Voting in Cambridge Part 2 – destroying the ballots.

7. A communication was received from Tamar Schapiro, regarding Proposal for Extended off leash dog hours at Hoyt Field.

8. A communication was received from Steve Horner, regarding Enforcement of truck ban on Putnam Ave.

9. A communication was received from Reuben Mathew, regarding Phillip Support for Separated Bike Lanes.

10. A communication was received from Marie Elane Saccoccio, regarding Support for friendly eminent domain.

11. A communication was received from Margaret McMahon, regarding Cycling Safety Ordinance.

12. A communication was received from Kristin W. Robbins, regarding Nowhere to park no public transportation.

13. A communication was received from Jytte Klausen, regarding comment regarding communication 528 #2022 June 13 meeting.

14. A communication was received from Jonathan Frankel, regarding Love the bike lanes in Cambridge!.

15. A communication was received from Holly Jones, regarding Progress Report on the Cycling Safety Ordinance.

16. A communication was received from Dina Goodman, regarding Comment for COM 528 #2022.

RESOLUTIONS
1. Congratulations to William F. Courier on his retirement from the Cambridge Public Library. Councillor Toner
Resolution Adopted 9-0

2. Congratulations to Rose Francois on being named the next Executive Director of Enroot. Councillor Nolan, Councillor Azeem, Mayor Siddiqui, Councillor Zondervan
Resolution Adopted 9-0

3. Congratulations to Ryan Harris on his induction into the Special Olympics Hall of Fame. Councillor Toner
Resolution Adopted 9-0

4. Congratulations to Debra Wise, Artistic Director of the Underground Railway Theater, in recognition of her achievement, and thank her for her long career on behalf of the Cambridge and wider Boston community, and especially for her devotion to successfully mentoring young people from all backgrounds. Councillor Nolan, Councillor Carlone, Vice Mayor Mallon, Mayor Siddiqui
pulled by Nolan; Resolution Adopted as Amended 9-0

ORDERS
1. That the City Manager is requested to work with the community, including but not limited to all abutters, and relevant City departments to establish evening, off-leash dog hours during times when Hoyt Field is not being used for other purposes. Councillor McGovern (PO22#117)
Order Adopted as Amended 9-0

2. That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request to dedicate a street corner in honor of John Francis Knox. Councillor McGovern (PO22#118)
Order Adopted 9-0

3. That the City Manager is requested to direct the appropriate City staff to establish a “community healing initiative” plan to address the issues in our city. Councillor Simmons (PO22#119)
pulled by Simmons; notes recent anti-vax disruptions at Starlight Square event; Order Adopted 9-0

4. That the City Manager is requested to direct the appropriate City staff to establish a notification system to all neighborhood residents, regardless of whether they own or rent their homes, within a set area where neighborhood disruptions such as infrastructure work or demolitions are scheduled to occur. Councillor Simmons (PO22#120)
Order Adopted 9-0

5. Recognize June 19, 2022 as Juneteenth in the City of Cambridge, and in urging all Cambridge residents to reflect upon the meaning of this important day. Councillor Simmons, Mayor Siddiqui (PO22#121)
Order Adopted 9-0

6. That the City Manager be and hereby is requested to work with DCR and all relevant City departments to expand Memorial Drive closures in the summer and fall of 2022. Councillor Zondervan (PO22#122)
pulled by Simmons; Adopted as Amended 9-0

7. Congratulations to History Cambridge in recognition of their continued work to inspire and their mission “to explore how the past influences the present in order to shape a better future. Councillor Nolan, Councillor Zondervan, Councillor Azeem, Mayor Siddiqui (PO22#123)
Order Adopted 9-0

8. Proclaim June 25, 2022, to be “Pit Rat Day” to honor the history of The Pit and all of those who called it home. Councillor McGovern (PO22#124)
Order Adopted 9-0

COMMUNICATIONS & REPORTS FROM CITY OFFICERS
1. A communication was received from Paula M. Crane, Interim City Clerk, transmitting an update regarding legislative activity. (COF22#74)
Placed on File 9-0

2. A communication was received from Mayor Siddiqui, transmitting information from the School Committee. (COF22#75)
Placed on File 9-0

Tues, June 14
3:00pm The Finance Committee will hold a public hearing to receive an update on ARPA funding

Wed, June 15
10:00am The Economic Development and University Relations Committee will conduct a public hearing for a presentation and discussion of the Circular Cambridge Report which will include an overview on the findings and possible recommendations towards a more circular Cambridge economy.

Thurs, June 16
9:30am The Human Services and Veterans Committee will conduct a public hearing to receive report from the Department of Human Services and the Co-Directors of the Out of School Time Initiative regarding after school and summer opportunities available in the City presently and moving forward.

Wed, June 22
5:30pm The Ordinance Committee will meet to continue a public hearing on proposed amendments to the Building Energy Use Disclosure Ordinance (Ordinance #2021-26)

Thurs, June 23
5:30pm The Health and Environment Committee will conduct a public hearing to discuss the final report of the Climate Crisis Working Group.

Wed, June 29
5:30pm The Ordinance Committee will conduct a public hearing to discuss Zoning Petition from Craig A. Kelley – The Cambridge Transportation De-Carbonization Congestion-Mitigation (Ordinance #2022-13).

Wed, July 27
5:30pm The Ordinance Committee will hold a public hearing to continue discussions around an Ordinance potentially raising the linkage fee rates (#2022-14).

Wed, Aug 17
5:30pm The Ordinance Committee with hold a public hearing to discuss amend section 2.66 “Article III Green Jobs” (Ordinance #2022-6).

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

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

19-145. 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

19-147. 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

20-60. 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

20-72. 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

21-9. 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

21-29. 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

21-35. 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

21-43. 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

21-46. 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

21-49. 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

21-52. 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

21-60. 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

21-67. 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

21-71. 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

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

21-90. Report on working 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 Sobrinho-Wheeler, Councillor Nolan, Councillor Zondervan, Mayor Siddiqui, Councillor Toomey (O-3) from 11/22/2021

21-94. Report on proposing possible zoning language that would achieve the goals of incentivizing all construction to be fossil fuel free through a possible special permit process.
Councillor Nolan, Mayor Siddiqui, Councillor Zondervan, Councillor Sobrinho-Wheeler (O-1) from 12/13/2021

21-98. Report on Reaffirming Commitment to the Goal of 100% Renewable by 2035.
Councillor Zondervan, Councillor Carlone, Councillor Nolan (O-5) from 12/13/2021

22-2. Report on meeting with the impacted residents and businesses on northern Massachusetts Avenue to discuss their ideas and suggestions for addressing their concerns.
Councillor Simmons, Councillor Toomey (Calendar Item #2) from 1/10/2022

22-7. Report on providing a legal analysis of what uses are currently permitted on the golf course land, information on the history, residency and other demographic information on membership data of golf course users, and any environmental constraints.
Councillor Nolan, Councillor Carlone, Councillor Zondervan, Councillor Azeem (Calendar Item #1) from 1/31/2022

22-8. Report on determining the feasibility of establishing additional compensation for the City’s essential employees in accordance with the considered State legislation framework.
Councillor Simmons, Councillor McGovern, Councillor Azeem, Councillor Toner (O-1) from 2/7/2022

22-9. Report on options for spending ARPA money on direct support for households and individuals facing eviction, housing instability, and/or homelessness.
Councillor Zondervan, Councillor McGovern, Vice Mayor Mallon, Councillor Carlone (O-5) from 2/7/2022

22-13. Report on determining how to better integrate more parent response into their decision-making process as they make changes that can have undue impacts upon the families they serve.
Councillor Simmons, Councillor McGovern (O-3) from 3/7/2022

22-14. Report on the findings of the “Future of Telework” Committee, and to explain the city’s current policy regarding a remote work policy.
Vice Mayor Mallon (O-5) from 3/7/2022

22-15. Report on looking into specific pedestrian safety interventions that can be placed at the intersection of Broadway and Highland Avenue. See Mgr #9
Vice Mayor Mallon, Councillor Zondervan (O-1) from 3/21/2022

22-17. Report on working with the American Red Cross to establish a workforce development program for life guarding that includes free certification and recertification courses throughout the year for anyone who can pass the swim test and include incentives that may entice qualified applicants including (but not limited to) higher wages, retention and signing bonuses, and the option to work more than 19.5 hours per week if desired.
Councillor Zondervan, Vice Mayor Mallon, Councillor Toner, Councillor Carlone (O-3) from 3/21/2022

22-18. Report on working with staff of the BB&N school to provide a solution to cars idling beyond the five-minute legal limit, stalled traffic, blocked driveways, and a forced one-way path up Buckingham Street toward Concord where drivers face the risk of coming head-to-head with a vehicle trying to bypass the pickup line; and, such as a tiered drop-off system, a parking area for parents, or more drop-off and pick-up locations.
Councillor Nolan (O-4) from 3/21/2022

22-19. Report on drafting language to enable the Cambridge Police Department and Department of Public Works to donate abandoned bicycles to charitable organizations as outlined under MGL 30B Section 15(g).
Vice Mayor Mallon, Mayor Siddiqui, Councillor Azeem, Councillor Carlone, Councillor Simmons, Councillor McGovern, Councillor Nolan, Councillor Toner, Councillor Zondervan (O-1) from 3/28/2022

22-21. Report on considering a guaranteed income program that expands on Cambridge RISE and targets families in poverty.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Zondervan, Councillor Simmons, Councillor Azeem, Councillor Carlone, Councillor McGovern, Councillor Nolan, Councillor Toner (O-5) from 4/11/2022

22-22. Report on providing all CRLS students free Charlie Cards throughout the school year.
Mayor Siddiqui, Vice Mayor Mallon, Councillor McGovern, Councillor Azeem (O-7) from 4/11/2022

22-23. Report on providing an analysis of the impact of current curb cut policies, including (but not limited to) an explanation of the administration’s current procedures for notifying and conducting outreach to abutters and neighbors, the criteria for evaluating curb cut applications, and an approximation of the number of residential parking spaces that have been lost to new curb cuts each year over at least the last decade.
Councillor Zondervan, Councillor Toner (O-8) from 4/11/2022

22-24. Report on determining what repairs to 205 Western Avenue would be needed to inhabit the space to allow the Cambridge Community Center to house their program.
Vice Mayor Mallon, Councillor McGovern, Mayor Siddiqui, Councillor Azeem, Councillor Carlone, Councillor Simmons, Councillor Nolan, Councillor Toner, Councillor Zondervan (O-1) from 4/25/2022

22-25. Report on how the city can meet the goals for diversity and inclusion, while ensuring that any required professional expertise and/or specific knowledge that may be statutorily required will continue to be represented.
Vice Mayor Mallon, Councillor Nolan, Councillor Simmons, Councillor Carlone (O-2) from 4/25/2022

22-27. Report on the feasibility of mailing “Watch for Bikes” stickers to residents who have applied for a residential parking permit for the next application cycle in 2023.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Azeem, Councillor McGovern (O-1) from 5/2/2022

22-28. Report on looking into the feasibility of placing a covered bike rack at City Hall using FY23 Capital Budget Funding.
Vice Mayor Mallon, Councillor Nolan, Councillor Azeem (O-2) from 5/2/2022

22-29. Report on introducing a pilot program to open two of our youth centers during the evening and weekend hours during the summer.
Vice Mayor Mallon, Councillor Azeem, Councillor McGovern, Councillor Simmons, Councillor Carlone, Councillor Nolan, Councillor Toner, Councillor Zondervan, Mayor Siddiqui (O-1) from 5/9/2022

22-30. Report on adding $1.94 linkage fee to Housing Contribution Rate that is specifically targeted for job training.
Councillor Simmons, Councillor Azeem, Councillor Carlone, Councillor McGovern from 5/9/2022

22-31. Report on funding received through the linkage program, that those fees be reported out annually, including future projections by year.
Councillor Carlone, Councillor Azeem, Councillor Simmons, Councillor McGovern from 5/9/2022

22-32. Report on any progress that has been made regarding LGBTQ+ Friendly Housing.
Councillor Simmons, Vice Mayor Mallon, Mayor Siddiqui (O-1) from 5/16/2022

22-33. Report on consulting with the Executive Director of the Council on Aging, Somerville and Cambridge Elder Services, and the Executive Director of Cadbury Common to determine the feasibility of re-establishing some form of the Kate’s Café Monthly LGBTQ+ Community Dinners either at Cadbury Common or at another suitable location.
Councillor Simmons, Vice Mayor Mallon, Mayor Siddiqui (O-2) from 5/16/2022

22-34. Report on providing the progress on the Terminal Road connection and any related projects.
Councillor Nolan, Councillor Zondervan, Councillor Toner, Councillor Carlone (O-4) from 5/16/2022

22-35. Report on ensuring that every possible material used in construction projects are as safe and healthy and free of potential toxins as possible, and ensure that all construction and manufacturing vendors commit to disclosing all ingredients and using non-toxic materials.
Councillor Nolan, Mayor Siddiqui, Vice Mayor Mallon (O-6) from 5/16/2022

22-36. Work on Implementing Recommendations from Working IDEAL Report.
Councillor Simmons (O-2) from 5/23/2022

22-37. Report on consulting with the appropriate City staff in determining the feasibility of establishing a new “Talent Officer” role for the City.
Councillor Simmons (O-3) from 5/23/2022

22-38. Report on establishing a method of ensuring that anti-bias training is incorporated into the City’s hiring process at all levels.
Councillor Simmons (O-4) from 5/23/2022

22-40. Report on developing a standardized, transparent, and cohesive community engagement plan for the entire, department-wide municipal government.
Councillor Simmons (O-4) from 6/6/2022