3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $1,000,000 from Free Cash, to the Public Investment Fund School Department Extraordinary Expenditures account to conduct a comprehensive review and assessment of our older elementary school buildings in the City.
Order Adopted 8-0-1 (JSW - Absent)

June 21, 2021
To the Honorable, the City Council:

I am hereby requesting an appropriation of $1,000,000 from Free Cash to the Public Investment Fund School Department Extraordinary Expenditures account to conduct a comprehensive review and assessment of our older elementary school buildings in the City.

As school enrollment is expected to increase, many of the school buildings in the City are in need of significant upgrades based on age and expected use. In addition, some of the building systems and equipment across the City are several decades old.

Funds will be used to conduct an assessment of each elementary school building's condition and each building's capacity for the expansion of its total square footage. It is anticipated that the assessment will include options for major repairs, renovations and expansion possibilities, and potential timelines for each school.

The assessment will evaluate the buildings and systems; including building envelopes, facilities, accessibility, and energy efficiency, as well as existing site and zoning requirements, and structural capacity.

Very truly yours,
Louis A. DePasquale
City Manager

6. Transmitting Communication from Louis A. DePasquale, City Manager, relative to a request for authorization of a spending limit of $1,900,000 for Fiscal Year 2022, for the Renewable Energy and Greenhouse Gas (GHG) Reduction revolving fund (Revolving Fund), pursuant to Chapter 3.24 of the Municipal Ordinance titled “Departmental Revolving Funds”.
Order Adopted 9-0

June 21, 2021
To the Honorable, the City Council:

I am writing to request authorization of a spending limit of $1,900,000 for Fiscal Year 2022, for the Renewable Energy and Greenhouse Gas (GHG) Reduction revolving fund (Revolving Fund), pursuant to Chapter 3.24 of the Municipal Ordinance titled “Departmental Revolving Funds”.

In November 2019, the Council adopted the Departmental Revolving Funds Ordinance, and also established the Revolving Fund. Pursuant to M.G.L. c. 44, § 53E½, the City Council must take action on or before July 1st of each year to authorize a spending limit for each such year.

The Aggregation adder is expected to raise approximately $600,000 between now and June 30, 2022, or a total of $1.9 million during the supplier contract periods (January 2019 – December 2020 and January 2021 - December 2022).

Very truly yours,
Louis A. DePasquale
City Manager

---

Agenda Item Number 6     June 21, 2021
ORDERED: That the City Council go on record authorizing a spending limit of $1,900,000 for Fiscal Year 2022 for the Renewable Energy and Greenhouse Gas Reduction Revolving Fund, pursuant to Chapter 3.24 of the Cambridge Municipal Ordinance entitled: Departmental Revolving Fund.

8. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-37, regarding renaming the Central Square Library. [June 21, 2021 Law Department response]
Placed on File 9-0

June 21, 2021
To the Honorable, the City Council:

In response to Awaiting Report Item Number 20-37, regarding renaming the Central Square Library, please find attached a legal opinion from City Solicitor Nancy E. Glowa in which she has opined that under the City’s Plan “E” Charter, the authority to name or rename City buildings, including Library buildings, rests with the City Manager.

As City Manager, I have been vested pursuant to the City’s Charter with the responsibility to supervise the administration of the affairs of the City, which includes responsibility for City buildings and therefore, the authority to name City buildings. I am mindful, however, that the naming of buildings is important to a broad number of constituencies within the City, including with respect to Library buildings, the Library Board of Trustees. Prior to the City’s adoption of the Plan “E” Charter, the City enacted the Cambridge Public Library Ordinance in 1880, later amended to be named the Public Library Department Ordinance, Chapter 2.46 of the Municipal Code (the “Ordinance”.) Under that ordinance, the Library Department had responsibility for the care, custody and maintenance of Library buildings; however, its responsibility in that regard was superseded by the City’s adoption of the Charter.

Although the responsibility for the library buildings, including the naming thereof, rests with me, I intend to appoint a task force as proposed that will undertake a study process to be followed in looking at the renaming of the Central Square Library and the establishment of a new library collection that centers Black Voices, at the suggestion of Library Director Maria McCauley, in consultation with the Library Board of Trustees.

Library recommendation regarding renaming the Central Square Library

The Council Order asked that the City Manager consult with the Cambridge Public Library, the Library Board of Trustees, and any other appropriate City personnel to consider formally renaming the Central Square Branch Library in honor of Maria Baldwin and Representative John Lewis, with the building to be known as “The Maria Baldwin and Rep. John Lewis Library and Center for African American/Black History and Culture” going forward, or to find another suitable location for this dedication. Library Director Maria McCauley, in consultation with the Library Board of Trustees, has recommended the following study process to be employed in considering whether to rename the Central Square Branch Library: that I appoint a task force to study this issue; that the task force create a process for public input, such as conducting a survey and holding community meetings; that the task force meet monthly, or on a designated regular schedule, until a report of recommendations is made to the Library Director and the City Manager. If the recommendation is to find another suitable location, another task force may need to be created in order to further study that.

On the naming as a Center for African American/Black History and Culture

Director McCauley reports that the Central Square Branch Library has housed a small Black Studies Collection since 1979 and has also held an annual Dr. Martin Luther King Jr. Day Celebration since 1975 but that it has not (up to this point) been designated in purpose or planning as a Center for African American and Black History and Culture. It has functioned as a centrally located library branch that serves a diverse population, including ESOL students, children in after school programs, and residents in Central Square, including those in nearby affordable housing sites and those without permanent housing.

Prior to the issuance of this Council Order, Director McCauley and the Library Department had recommended that the City do a comprehensive building program study in the near future of the Central Square Branch Library, including its purpose and function and building design. It is anticipated that the central nature of the Central Square Branch Library will be studied in future in connection with the proposed comprehensive building program study.

Director McCauley has recommended that the task force review the initial plans for a collection that would center Black Voices, would represent the fullest range of Black experiences possible, and would give input into this new collection.

Background on the Black Studies Collection

• Since 1979 the Central Square Branch has housed a Black Studies Collection largely focused on academic and research materials. It does not include materials for children.

• The Black Studies Collection was originally grant funded along with eight other Ethnic Heritage Collections spread across the O’Connell and Central Square Branches.

• The Ethnic Heritage Collections did not have ongoing funding and over time were phased out. Of the original collections, only the Black Studies Collection remains.

• The most items ever contained in the Black Studies Collection was 750. As condition, relevance, and usage decreased, the collection shrank. In 2010, there were less than 400 items included. There are currently about 150 items in the collection.

The new Black Voices Collection

Over the past year, Library staff have been working on initial planning to create a Black Voices collection to refresh the outdated Black Studies collection with a vibrant, living collection.

The new Black Voices Collection’s intent will be to:

• Create a collection that centers Black Voices and represents the fullest range of Black experiences possible.

• Collect print materials across age ranges with a focus on popular materials, browsable collections, and circulation.

• Collect a mix of fiction, genre, memoir, biography, and popular non-fiction. Some titles may reside in multiple Library locations.

• Engage the community in both the selection of titles and ongoing promotion of the collection.

The Library Department also has a commitment to documenting African American and Black residents in Cambridge as part of its archival and local history work related to the Cambridge Room, which is housed at the Main Library.

Suggestions for a task force:

Director McCauley has recommended that the task force include one or more Library Assistant Directors, Library Trustees, City Councilors, Black and Brown community leaders, Latinx community leaders, representative(s) of the Central Square BID, student representative(s), including someone from the Family Policy Council, representative(s) of the Port neighborhood, representative(s) of the Cambridgeport neighborhood, representative(s) of the Cambridge Public Library Foundation and representative(s) of the Cambridge Community Foundation.

I intend to appoint members to this task force shortly, and to ask them to begin the study work as outlined above. When there is a recommendation on the questions posed, I will report back to the City Council and ask for your support of the proposed renaming of the Central Square Library at that time.

Very truly yours,
Louis A. DePasquale
City Manager

[June 21, 2021 Law Department response]

10. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $65,019,211, received from the U.S. Department of Treasury through the new Coronavirus Local Fiscal Recovery Fund (CLFRF) established by the American Rescue Plan Act (ARPA), to the Grant Fund Finance Department Other Ordinary Maintenance account which will be used to ……
Charter Right - Zondervan

June 21, 2021
To the Honorable, the City Council:

I am hereby requesting the appropriation of $65,019,211, received from the U.S. Department of Treasury through the new Coronavirus Local Fiscal Recovery Fund (CLFRF) established by the American Rescue Plan Act (ARPA), to the Grant Fund Finance Department Other Ordinary Maintenance account.

Funds are intended to:

• Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control.

• Replace lost public sector revenue to strengthen support for vital public services and help retain jobs.

• Support immediate economic stabilization for households and businesses.

• Address systematic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations.

Fiscal staff are currently reviewing the “Interim Final Rule” regulations regarding the funds. Over the next several weeks, this will include working closely with key departments to refine funding priorities and ensure eligibility of projects, as well as reaching out to the State legislative delegation to verify that proposed expenditures through this funding will be approved.

It is important to note the CLFRF is a federal grant and the provisions of G.L. c. 44, section 53A apply. Additionally, it is subject to the provisions of the Uniform Administrative Requirements, Cost principals, and Audit Requirements for Federal Awards (2CRF 200) (the Uniform Guidance). It is the City’s responsibility as the primary recipient to ensure eligible programs respond to the negative impact of COVID-19 and that all expenditures are justified and documented for reporting purposes.

It is important to note, that if the City expends funds for a specific project or initiative that is later deemed ineligible for funding through the federal reporting process, the City will be required to fund the entire cost(s) from Free Cash. Therefore, a thorough review of project eligibility is critical before any expenditures through this program are made.

Potential eligible projects that will be explored include (but are not limited to):

• Public health spending. This includes COVID-19 mitigation efforts, medical expenses, behavioral health, and certain public health and safety staff.

o Upgrade neighborhood park and playground adjacent to the Kennedy Longfellow School that is intensely used by children associated with the adjacent schools, Human Services programs, and area non-profits.

o Time-limited free public transportation access option to improve access to public transportation including subway and bus to address systemic public health and economic challenges through reducing transportation costs and encouraging active transportation.

• Economic impacts of the public health emergency. These include efforts to mitigate economic harm to workers, households, small businesses, affected industries, and the public sector.

o Provide support for job training and other employment services for individuals who need such services to be able to access employment that leads to a living wage and career pathway.

o Direct business grants.

o Grants for hotel/tourism businesses.

o Outdoor dining infrastructure support and grants.

o Add to storefront, accessibility for outdoor dining/patios in parking spaces.

o Public patios in commercial districts and corridors.

o Ecommerce grants - capacity building, tech assistance and implementation of a quick build website.

o Grants for energy efficient equipment e.g. refrigerators, induction stoves, other cooking equipment, machines and other appliances, batteries to increase energy resilience, ideally paired with on-site solar.

o Grants for business associations events (i.e. October Fest/Inman Eats/Central Flea, etc.).

o Grants to expand pop up retail programs.

o Grants to Cambridge non-profit organizations to provide enhanced and continued services to residents impacted by the pandemic.

o Grants to Cambridge non-profit organizations for operating costs for limited duration (3 or 6 months) to offset pandemic related losses.

o Support for the Restaurant Homeless Shelter Meals Program.

o Expansion of food delivery to residents of Cambridge housing developments, for healthy food for Cambridge food pantry network, and for expansion of school markets.

o Funding to expand Pre-K programs as part of development of Universal Pre-K program.

o Provide laptops and other appropriate devices for low income students accessing Community Learning Center classes, for first generation college going students and for low- and moderate-income seniors.

o Provide scholarship support to low- and moderate-income students attending out of school time programs.

o Provide funding for housing navigation and stabilization services to support permanent supported housing for individuals currently unhoused in Cambridge.

o Rent/mortgage support to residents economically impacted by the pandemic beyond the 6-month limit allowed by CDBG, if permissible.

o Recapitalize HIP program which supports renovation by low income homeowners - expand focus to weatherization, energy efficiency upgrades (net zero package) and de-leading.

o Neighborhood Resilience Hubs in two locations (Alewife/the Port/Riverside) to build and support social resilience.

o Cooling sites, ideally coupled with resilience hubs, in Alewife/Port/Riverside.

• Water, sewer, and broadband infrastructure. Recipients may invest to improve access to clean drinking water, support wastewater and stormwater infrastructure, and expand access to broadband internet.

o The Port Infrastructure project which is a significant utility project to reduce flooding, replace water mains and lead services, and reconstruct streets and sidewalks in the Port neighborhood. Project includes a sewer tank and a stormwater tank to reduce flooding in the dense residential neighborhood that is one of the most flood prone neighborhoods in the City.

o Wireless Broadband Internet Pilot Program at select Cambridge Housing Authority (CHA) properties as part of the City’s digital equity efforts.

o Improving Public WIFI in public squares and adding wifi coverage to city parks.

o Upgrading city public facilities (such as libraries and youth centers) with improved HVAC systems and broadband infrastructure.

o Municipal and Digital Equity Connectivity projects that will be identified in the 21st Century Broadband RFP.

As requested in Policy Order #10 of June 14, 2021, I will work with the Co-Chairs of the Finance Committee to schedule a meeting to further discuss with the City Council, specific projects that are anticipated to be funded through this program.

I am requesting the appropriation at this time to provide a mechanism to accept the revenue in order to make timely and necessary expenditures from these funds.

Very truly yours,
Louis A. DePasquale
City Manager

COMMUNICATIONS & REPORTS FROM CITY OFFICERS
1. A communication was received from Mayor Siddiqui and Councillor Simmons transmitting information about the community process for changing the name of Agassiz / Neighborhood 8. [Agassiz neighborhood Council letter]
Accept Report, Placed on File 9-0

To: Cambridge City Council
From: Sumbul Siddiqui, Mayor and E. Denise Simmons, Councillor
Date: June 17th, 2021
Subject: Communicating information about the community process for changing the name of Agassiz / Neighborhood 8

To the Honorable, the City Council:
In January 2020, Agassiz resident Maya Counter introduced her effort to change the neighborhood’s name. Prior to reaching out to the Agassiz Neighborhood Council (ANC), she met with me and Councillor Simmons to discuss renaming the neighborhood. Ms. Counter’s proposal was connected to the 2019 City Council Policy Order #126 to compile a list of landmarks with ties to the American slave trade, with the intention to rename them. Attached, please find a letter from the ANC detailing this 16-month process and their findings.

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

Respectfully,
Sumbul Siddiqui     E. Denise Simmons

3. A communication was received from Mayor Sumbul Siddiqui, transmitting questions for the COVID-19 Update.
Placed on File 9-0

COVID-19 UPDATE QUESTIONS

COUNCILLOR MCGOVERN
1. Can the City Manager talk about the recent actions by the Governor and how they will impact Cambridge

COUNCILLOR NOLAN
1. During the pandemic, there was a welcome reduction in traffic in the city and a reduction in the use of vehicles, which generally worsen our air quality and sustainability initiatives. What are the city’s plans for working with all stakeholders to ensure that people working, studying, and living in Cambridge increase their use of non-car transportation?

2. What are the public health guidelines - current and under discussion - related to the possibility of requiring vaccination for certain activities once the vaccines are beyond emergency approval and age eligibility expands?

COUNCILLOR SOBRINHO-WHEELER
1. What are the plans for the City’s free COVID testing program for the summer? Can the changes to the CambridgeSide testing location and any other locations be clarified?

MAYOR SIDDIQUI
1. Regarding the reopening of Cambridge Public Library branches, some have raised concerns about masks not being currently required. This has raised concerns about safety for children under 12 (who cannot be vaccinated) and others who may be immune compromised. Are there any plans to implement limited mask policies and/or special browsing times for immune-compromised individuals at the Main Library and CPL branches?

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

O-2     June 21, 2021  Charter Right - Toomey
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR CARLONE
WHEREAS: The City of Cambridge, which adopted the Plan E Charter in 1940, has not once held a formal review process to consider revisions, making it one of the only municipalities in Massachusetts to go 80 years without reviewing its most important legal document; and
WHEREAS: On July 27th, 2020, the City Council unanimously passed a Policy Order asking the Mayor to call a Special Meeting for the Collins Center for Public Management to present to the Council on the process and benefits of charter review; and
WHEREAS: The Special Meeting on September 23, 2020, discussed charter review and options for charter change, which was followed by a policy order requesting an appropriation, which led to two memos produced by the Collins Center outlining the processes for charter review and reform, including specific discussion of reviewing the appointment process for multiple member boards, instituting an annual review of the City Manager and instituting a regularly scheduled charter review; and
WHEREAS: Memos outlining possible changes to the charter based on the Collins Center review project, which included interviewing all Councillors, were on the City Council meeting agenda on March 22, 2021, on the meeting agenda on May 3, 2021, and were the sole topic of the Special Meeting on June 2, 2021, whose purpose was the charter review and possible change; and
WHEREAS: Several ideas for possible charter changes were discussed at the Special Meeting, with the public and the City Council able to express opinions on the possible paths laid out by the Collins Center memo; and
WHEREAS: In many cities and towns in Massachusetts, the charter is reviewed and updated at regular intervals; and
WHEREAS: In many cities and towns in Massachusetts, including Watertown, Somerville, Newton, Chelsea, Framingham, Amherst, and Northampton, the City or Town Council has a role in appointing and/or approving department heads and/or multiple-member boards; and
WHEREAS: The City has the authority to submit a home rule petition to adopt or revise its charter or to amend its existing charter by special act; now therefore be it
ORDERED: That the City Council go on record favoring the filing of the attached Home Rule Petition entitled: AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO INCLUDE A BALLOT QUESTION ON THE NOVEMBER 2, 2021 MUNICIPAL BALLOT RELATIVE TO THE HOME RULE CHARTER.

SECTION 1. The Charter of the City of Cambridge is hereby amended by special act to add the following to the City’s existing Plan E Charter at General Laws Chapter 43, which was adopted pursuant to its acceptance of the provisions of General Laws Chapter 43, Sections 93-116, Section 105 on Appointments:

The City Manager shall refer to the City Council and simultaneously file with the Clerk the name of each person the City Manager desires to appoint or reappoint as a member of a board or commission. Appointment of a member of a board or commission made by the City Manager will be effective upon a majority vote of the city council, which vote shall occur within 30 days after the date on which notice of the proposed appointment was filed with the City Clerk. The appointment may be approved or rejected by a majority of the full City Council before 30 days.

SECTION 2. The Charter of the City of Cambridge is hereby amended by a special act adding a new Subsection 116 (a) to the City’s existing Plan E Charter, which was adopted pursuant to its acceptance of the provisions of General Laws Chapter 43, Sections 93-116 on City Manager Review:

Annually the City Council shall prepare and deliver to the City Manager a written review of the City Manager's performance in a manner provided by ordinance.

SECTION 3. The Charter of the City of Cambridge is hereby amended by a special act by a special act by adding the following new Subsection 116 (b) to the City’s existing Plan E Charter, which was adopted pursuant to its acceptance of the provisions of General Laws Chapter 43, Sections 93-116 on Charter Review:

Not later than July 1, in each year ending in a 2, the City Council shall provide for a review to be made of the city charter by a special committee to be established by ordinance. All members of the special committee shall be voters of the city not holding elective office. The special committee shall file a report with the City Council within 1 year of its appointment recommending any changes to the city charter which it deems necessary or desirable, unless an extension is authorized by vote of the City Council. Action on any proposed charter changes shall be as authorized by the Massachusetts constitution or general laws.

SECTION 4. This act shall be submitted to the voters of the City of Cambridge at the upcoming municipal elections on November 2, 2021 in the form of the following questions which shall be placed upon the official ballot to be used at said election. If the changes are approved by a majority of valid ballots voting yes, they would go into effect as of January 1, 2022.

Should amendments to the City’s Plan E Charter, Section 105 of Chapter 43, be made, by special act providing for the City Council to confirm appointments of the City Manager to the City’s boards and commissions which confirmation is not currently required? YES___ NO ___

Should amendments to the City’s Plan E Charter be made by special act providing for the City Council to establish a process for an annual review of the City Manager’s performance? YES___ NO __

Should amendments to the City’s Plan E Charter be made by special act providing for the City Council to establish a process for review every 10 years to be made of the City’s Plan E Charter by an appointed committee of voters per City Council Ordinance? YES___ NO __

Below said question shall appear a brief summary of the act prepared by the city solicitor.

If the voters at the municipal election approve the question, then this act shall be applicable to the city as of January 1, 2022, but not otherwise.

SECTION 5. This act shall be effective upon its passage.

O-3     June 21, 2021  Charter Right - Simmons
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
WHEREAS: A recently released report on the Tobin Montessori and Vassal Lane Upper School plan detailed the removal of 94 of the existing 129 trees on the site; and
WHEREAS: Under the list of proposed removals include three, old growth Oak trees, that are well outside the footprint of the building plans on the west side of the property; and are not included on the city’s list of trees to be removed due to decline; and
WHEREAS: While the plans include the appropriate replacement trees as required by city ordinance, and there will be no reduction in total tree diameter, under the current plan the canopy on the site would decrease by 79%; and
WHEREAS: The three Oak trees on the west side of the property are three of the largest on the property, and make up nearly 25% of the total canopy loss; and
WHEREAS: Additionally, saving those three Oak trees would prevent the City from needing to plant 23 replacement trees to fulfill the diameter requirements; and
WHEREAS: The City should lead by example and do everything possible to save existing trees, especially those that are outside of the planned building footprint; now therefore be it
ORDERED: That the City Manager be and is hereby requested to work with the appropriate departments and building contractors to reconsider the current plan which eliminates many trees including large old growth trees that are not part of the new building footprint and specifically do everything possible to save the three Oak trees on the west side of the property and any other large trees on the site.

O-4     June 21, 2021  Amended
COUNCILLOR MCGOVERN
VICE MAYOR MALLON
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
WHEREAS: The City of Cambridge is pursuing an RFP to assess plans to improve programming and the physical building of the Cambridge Public Library in Central Square; and
WHEREAS: This is an opportunity to not only re-envision the library itself, but to consider building atop the library to provide much needed affordable housing; and
WHEREAS: It was determined that rather than expanding the current RFP, it would be best to issue a new RFP to address possible housing options; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with all appropriate City Departments to issue a second RFP that will work in conjunction with the current RFP, to assess the feasibility of building housing above the Central Square Library, and this RFP should include information on funding possibilities; and be it further
ORDERED: That this RFP also include the feasibility of building housing above the Green Street Garage.

O-5     June 21, 2021
COUNCILLOR SIMMONS
WHEREAS: As part of the ongoing celebrations around the Centennial Anniversary of the 19th Amendment, the City Council is aware that Suffrage100MA has applied to the National Votes for Women Trail and the the Pomeroy Foundation for eleven markers commemorating suffragists and suffragist activities across the Commonwealth; and
WHEREAS: This is part of a larger, national project spearheaded by the Pomeroy Foundation and National Votes for Women Trail intended to mark the 100th anniversary of the passing of the 19th Amendment and to celebrate figures across the country who helped play a role in bringing that amendment to fruition; and
WHEREAS: It has come to the City Council’s attention that one such marker being sought is for the one-time residence of Maria L. Baldwin (1856 – 1922), located at 196 Prospect Street, and it is necessary for the City Council to grant land use approval for the acceptance of this marker from the Pomeroy Foundation and National Votes for Women Trail before this process would be allowed to move forward; and
WHEREAS: If approved by the City Council and awarded by the Pomeroy Foundation and National Votes for Women Trail, this marker would eventually be installed and maintained by the Public Works Department or by an outside contractor, and it would be one in a series of new markers across the Commonwealth highlighting local ties those who made the 19th Amendment possible; and
WHEREAS: If this project moves forward, the Commonwealth’s Suffrage100MA committee would work with the City to coordinate a celebration for the installation and an unveiling when the marker is received by the City; now therefore be it
ORDERED: That the City Council formally go on record as being in favor of accepting a historical marker from the Pomeroy Foundation and National Votes for Women Trail honoring Maria L. Baldwin, to be installed at her former residence at 196 Prospect Street when the marker is received by the City; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this order to Fredie Kay, President of Suffrage100MA, on behalf of the entire City Council.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The City Council’s Ordinance Committee met to continue discussion on the Real Estate Transfer Fee Home Rule Petition. Date: Wed, Mar 10, 2021, 5:00pm, Sullivan Chamber
Present: Carlone, Mallon, McGovern, Nolan, Siddiqui, Simmons, Sobrinho-Wheeler, Zondervan
Absent: Toomey

Councillor McGovern called the meeting to order. He gave the floor to Councillor Carlone to explain the order.

Councillor Carlone stated that It is important that the council pass this home rule petition to join the regional coalition building around this issue. He stated that Cambridge can set a higher threshold for the transfer fee and still generate millions of dollars in revenue for affordable housing. A threshold of $1 million, or even the median price, will ensure average residents will not be overtly affected by the transfer fee. He has met with a group in Somerville that recommended a transfer fee of between .5% and 2% on real estate transactions above the statewide median price. That group also wants to allow municipalities to charge a fee, up to 6%, for speculative sales, and they define speculative sales, as property sold within one year of purchase, at a price three times the state median sale price. So far 37 states have enacted some form of a transfer fee. The Assessor has stated that 40% of transactions in the last five years over $1 million have had either the buyer or seller as an LLC.

David Kale, Finance Director, explained that the staff recommended a fee of 2% of the portion of the purchase price exceeding $3 million of the transfer of real property. The staff also recommended indexing the $3 million threshold to the Consumer Price Index. The staff recommended exemption for transfers to or from the federal government, the Commonwealth, the City, and the Cambridge Housing Authority, for transfers of real property interest were all of the dwelling units are subject to long term, affordable housing restriction. The fee would be paid to the registry of deeds, and the city would receive the money twice a year.

Gayle Willett, Director of Assessing, stated that staff recommended a $3 million threshold as it affects so many fewer single two family, three family homes and condo sales.

In response to a question from Mayor Siddiqui volume of LLC involved in transactions, Director Willett stated that the residential exemption numbers every year are going down. Over the last 10 years, there have been a lot more of LLC transactions, and the LLC also hides the ownership of the property. She added that although there is a high number of LLC transactions, when they are done with the property, it is sold to a person. She stated that the transfer fee will be added to the price for the new buyer.

In response to a question from Councillor Zondervan about lowering the threshold if the seller does not receive the residential exemption, Director Willett stated that the difficulty of that is the registry would not know who has the residential assumption and who does not. She stated that the best way to move forward is with something simple, that is easy to collect and applies to everyone.

Councillor Carlone stated that it would be fairly easy for the Registry to determine who qualified for an exemption.

Director Kale stated that there are several bills that have been filed, and they are all going to have to be reconciled by the legislature with consultation with various city and state agencies. The staff believed that this is the most expeditious way to handle the collection of the fees and the execution of the fee.

In response to a question from Councillor Nolan about whether the buyer or the seller would pay the fee, Director Willett stated that she had not done any research on that topic. She stated she believes that the buyer would pay 2% and then the parties would settle up at closing.

Robert Reardon, a consultant for the City, stated that typically the seller that pays the fee. He strongly recommends that the seller be responsible for the paying the fee.

In response to a question from Councillor Nolan about a tiered fee for speculative buying, Director Willett stated that staff analyzed that scenario.

In response to a question from Vice Mayor Mallon about why staff is not recommending the graduated rates, Director Willett stated that staff believed that anything over 2%, especially on a large commercial sale will cause people to change their behavior, for example, hiring attorneys to try not to pay a fee above 2%.

In response to a question from Vice Mayor Mallon about an exemption for elderly residents, Director Kale stated that in part, the $3 million threshold was trying to take that into account, that if there was a long term, Cambridge family that was older, that basically a $3 million threshold, more than likely, would give them an exemption to the transfer tax.

In response to a question from Vice Mayor Mallon about LLC and Trusts, Director Willett stated that Trusts really for estate planning, where an LLC is more to protect a person from litigation. A lot of people will put one property that they are renovating into an LLC, and then should they be sued, it is only going to affect that one LLC. It does not affect their personal finances.

Mr. Reardon added that when a person puts a property in an LLC, they lose their residential exemption where if it goes into a normal trust, they may or may not be eligible for the residential exemption.

Councillor McGovern stated that a $1 million sounds like a lot of money, but after taxes and fees, it is a lot less than that. He worries about how a $1 million threshold will affect seniors . He stated that a $1 million dollar home sale in Cambridge is below average. He stated that when a house is sold the revenue is often split amongst many family members.

Director Willett stated that she did not believe that there are any towns in Massachusetts that have gone above 2%.

Councillor Carlone supported setting the threshold at the median price in Cambridge, increasing with inflation.

Councillor Nolan stated the supported a threshold lower than $3 million but that she was also interested in protecting seniors and other vulnerable populations. She wanted more information about a tiered fee based on the sale price of a home.

Director Willett stated that, based on her review of proposed legislation from other cities and town, the definition of a vulnerable senior needs more analysis.

Councillor Nolan stated that she hoped that some of the funds generated by this fee could be directed to homeownership programs.

In response to a question from Vice Mayor Mallon about the median home price in Cambridge, Andrew Johnson, Assessor, stated $1.7 million is about right for the price of a single-family home. He added that including condos will lower that number.

Vice Mayor Mallon stated that some of the funds generated should be used for home ownership programs. She supported keeping the transfer fee simple and easily enforceable.

Councillor Sobrinho-Wheeler spoke in support of a $1 million threshold with a 2% fee. He stated that this is not going to be huge burden for any one person. He stated that a $1 million threshold captures less than 400 sales per year; a $2 million threshold captures less than 100 sales.

Councillor Zondervan agreed that the threshold should be $1 million. He agreed with dedicating some of the funds generated to homeownership. He stated that the Council can add exemptions for vulnerable populations.

Mayor Siddiqui stated she supported the lower threshold and adding more exemptions.

Councillor McGovern opened the floor to public comment.

Katiti Kironde, 11A Meacham Road, stated that she read a study that said building is not the solution to the affordable housing problem. She stated that this money should go towards helping people to become homeowners.

Lee Farris, 269 Norfolk Street, stated that she is speaking for the Cambridge Residents Alliance in support of passing a home rule petition for a real estate transfer fee. She stated that a real estate transfer fee is a good way to raise funds for affordable housing. She supported the $1 million threshold. She also supported the idea of a tiered fee.

Nicola Williams, 8 Brewer Street, fully supports a real estate transfer fee. She stated that she was leaning toward the $2 million threshold in order to protect seniors. She spoke in support of using some of the funds to encourage home ownership in the city.

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

Councillor Carlone moved to amend the threshold to $1 million.

In response to a question from Councillor McGovern about the home rule process, Nancy Glowa, City Solicitor, stated in Home Rule legislation, need to include any contingencies it would like within the language of the special act.

In response to a question from Councillor McGovern about adding exemptions, Solicitor Glowa stated that the Council still has the opportunity to add exemptions since the language does allow for that.

In response to a question from Councillor Nolan, Solicitor Glowa stated that the Council may have more or less flexibility depending on how certain provisions are phrased.

Councillor Zondervan suggested phrasing the threshold of not less than $1 million.

Councillor Carlone moved to amend section 1 of the language from “A communication was received from City Solicitor, Nancy Glowa, transmitting a draft response to Council Order No. O-10 of July 27, 2020, transfer fee Home Rule Petition as requested by the City Council.” to replace $3,000,000 with $1,000,000.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Carlone moved to substitute the language of the Home Rule Petition with amended language from “A communication was received from City Solicitor, Nancy Glowa, transmitting a draft response to Council Order No. O-10 of July 27, 2020, transfer fee Home Rule Petition as requested by the City Council.”
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Carlone moved to refer amended Home Rule Petition to the full council with a favorable recommendation.
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

Councillor Zondervan moved to forward the following policy order to the full City Council:
“That the City Manager be and hereby is requested to instruct the law department to draft an amendment to the "Transfer Fee Home Rule petition" that sets a threshold of the purchase price at "not less than $1,000,000" and further to ask the Solicitor for a recommendation about how best to direct the funds generated by the fee to home ownership production.”
Yea: Carlone, Mallon, McGovern, Nolan, Siddiqui, Sobrinho-Wheeler, Zondervan
Absent: Simmons, Toomey

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

2. That the Cambridge City Council pass the attached Real Estate Transfer Fee Home Rule Petition

3. A communication was received from City Solicitor, Nancy Glowa, transmitting a draft response to Council Order No. O-10 of July 27, 2020, transfer fee Home Rule Petition as requested by the City Council.

Proposed Order     June 21, 2021
COUNCILLOR CARLONE
COUNCILLOR NOLAN
COUNCILLOR ZONDERVAN
COUNCILLOR SOBRINHO-WHEELER
WHEREAS: Housing costs in and around Cambridge have increased consistently and dramatically over the last 20+ years, resulting in a lack of affordability and causing displacement of long-term lower, moderate, and middle-income residents and a decrease in racial and economic diversity of households; and
WHEREAS: Between 2007 and 2017, home prices in the city-center areas of Boston, Cambridge, and Somerville rose from between 61 and 89 percent, according to the Urban Institute; and
WHEREAS: Based on the analysis of low- and middle-income groups, 45,000 individuals or 43% of the population are negatively impacted by the housing market, according to the 2017 Cambridge Needs Assessment; and
WHEREAS: The average rent for a Cambridge apartment was $2,337 for a one-bedroom unit, $2,689 for a two bedroom and $2,827 for a three-bedroom unit in October 2018, according to the Cambridge Community Foundation; and
WHEREAS: In Cambridgeport a renter must earn $44 dollars per hour in order to afford a two-bedroom apartment, more than three times the current Massachusetts minimum wage, according to the National Low-Income Housing Coalition; and
WHEREAS: these circumstances are further compounded by a combination of regional housing demand and constrained supply as documented in the Metropolitan Area Planning Council’s projection of regional housing demand for the metro north Boston area and the 2017 Housing Report Card, which noted that the sharpest increases in housing costs are occurring in Boston’s inner-ring suburbs including Cambridge; and
WHEREAS: Cambridge’s Affordable Housing Trust Fund is established under M.G.L. c.44, §55C and is charged with the preservation and creation of new affordable rental and homeownership units in the City of Cambridge and the creation of programs that directly assist renters and homeowners; and
WHEREAS: The Cambridge City Council approved policy orders requesting the city solicitor draft a Transfer Fee Home Rule Petition on February 26, 2016, January 7, 2019 and March 16, 2020 but no draft was ever produced; now therefore be it
ORDERED: That the Cambridge City Council pass the attached Real Estate Transfer Fee Home Rule Petition; be it further
ORDERED: That this item be referred to the Ordinance Committee for discussion and deliberation.

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AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO IMPOSE A REAL ESTATE TRANSFER FEE
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Findings and Purpose.

Whereas, housing costs in and around Cambridge have increased consistently and dramatically over the last 20+ years, resulting in a lack of affordability and causing displacement of long-term lower, moderate, and middle-income residents and a decrease in racial and economic diversity of households:

- Between 2007 and 2017, home prices in the city-center areas of Boston, Cambridge, and Somerville rose from between 61 and 89 percent, according to the Urban Institute

- Based on the analysis of low- and middle-income groups, 45,000 individuals or 43% of the population are negatively impacted by the housing market, according to the 2017 Cambridge Needs Assessment

- The average rent for a Cambridge apartment was $2,337 for a one-bedroom unit, $2,689 for a two bedroom and $2,827 for a three-bedroom unit in October 2018, according to the Cambridge Community Foundation.

- In Cambridgeport a renter must earn $44 dollars per hour in order to afford a two-bedroom apartment, more than three times the current Massachusetts minimum wage, according to the National Low-Income Housing Coalition.

Whereas, these circumstances are further compounded by a combination of regional housing demand and constrained supply as documented in the Metropolitan Area Planning Council’s projection of regional housing demand for the metro north Boston area and the 2017 Housing Report Card, which noted that the sharpest increases in housing costs are occurring in Boston’s inner-ring suburbs including Cambridge; and

Whereas, Cambridge’s Affordable Housing Trust Fund is established under M.G.L. c.44, §55C and is charged with the preservation and creation of new affordable rental and homeownership units in the City of Cambridge and the creation of programs that directly assist renters and homeowners, now;

Therefore, the purpose of this act is to establish a sustainable revenue source for the Cambridge Affordable Housing Trust Fund as further set forth below:

SECTION 2. Except where otherwise exempted pursuant to this act, the City of Cambridge may impose a fee of up to two (2) % of the purchase price above one million dollars ($1,000,000) upon the transfer of any real property interest or a controlling interest in a trust, limited liability company, or other entity that directly or indirectly holds such real property interest, in any real property situated in the City of Cambridge, as follows: (A) a fee in the amount of _______1______% of said purchase price shall be due and payable by the seller; and (B) a fee in the amount of ______1_______% of said purchase price shall be due and payable by the buyer. In the case of a transfer of a controlling interest, the City of Cambridge may define by ordinance what constitutes a controlling interest and the calculation of the fee. The City of Cambridge is hereinafter referred to as the “City”.

(a) Exempt Transfers. The following transfers of real property interests shall be exempt from the fee established by this act:

(i) transfers between family members as defined by ordinance; (ii) transfers of convenience with consideration under $100.00 as defined by ordinance; and (iii) transfers to the government of the United States or any other instrumentality, agency of subdivision thereof, or the Commonwealth or any instrumentality or subdivision thereof

(b) Exempt Sellers; Fee Due by Non-Exempt Seller. The seller of residential real property in the City shall be exempt from the fee authorized in Section 2, if the seller of such real property is:

(i) a vulnerable senior, as defined by the City or

If the seller is not exempt, the fee shall be due and payable by the seller to the City at the time set forth in Section 3.

(c) Exempt Purchasers; Fee Due by Non-Exempt Purchaser. The purchaser shall be exempt from the fee authorized in Section 2 if:

(i) that purchaser is a vulnerable senior, as may be defined by ordinance or

(d) The fee shall be paid to the City/Town of Cambridge. The City is authorized to adopt an ordinance to provide for the collection and lien of any outstanding transfer fee. The City shall have such remedies to collect said amount as provided by law with respect to the collection of real property taxes.

(e) The City shall deposit all fees received pursuant to this act into the Cambridge Affordable Housing Trust Fund established by the City.

SECTION 3. A copy of the deed or other instrument evidencing such transfer shall be provided to the City and shall be accompanied by, (a) an affidavit signed under oath or under the pains and penalties of perjury by the purchaser and seller attesting to the purchase price, (b) the applicable fee owed, (c) the basis, if any, upon which the transfer or one or both of the parties to the transfer is claimed to be exempt in whole or in part from said fee, and (d) if applicable, an affidavit of intent to seek a residential exemption for that property by the purchaser. Upon receipt of such payment and/or satisfactory evidence of exemption, the City or its designee shall promptly thereafter issue a certificate indicating that the fee has been paid or that the purchaser or seller, or the transfer, is exempt from the fee. The Middlesex South Register of Deeds shall not record or register a deed unless the deed is accompanied by such certificate.

SECTION 4. The City may, by ordinance, adopt additional requirements, exemptions, and regulations to implement or enforce said fee, consistent with this act. The City is not authorized to eliminate or reduce any exemption set forth in this act.

SECTION 5. The Affordable Housing Trust Fund, as permitted by the ordinance establishing said Affordable Housing Trust Fund and its governing documents, shall use revenue from the fees raised pursuant to this act to fund affordable housing programs including, but not limited to, limited equity arrangements, community land trusts, purpose-built housing, and other programs to underwrite the affordability of properties with a preference, where permitted by applicable law, for current and recent Cambridge residents and employees.

SECTION 6. The City shall prepare and issue an annual report that (i) identifies fee receipts by payer category including buyers and sellers; (ii) quantifies affordable housing programs funded, including type and purpose, and (iii) evaluates the impact of said affordable housing programs, including but not limited to, to the extent reasonably possible and permitted by applicable law, the number and demographics of individuals and families served as well as measures of housing stability and wealth generation in the community.

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PETITION FOR AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO IMPOSE A REAL ESTATE TRANSFER FEE
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There is hereby imposed a real estate transfer fee, hereafter "the fee," equal to 2 per cent of the portion of the purchase price exceeding $1,000,000 upon the transfer of: (i) any real property interest in any property situated in the City of Cambridge (hereafter referred to as the “City”); or (ii) a controlling interest in a trust, limited liability company, or other entity that directly or indirectly holds an interest in any class of real property situated in the City. After the first year of the effective date of this act, the $1,000,000 exempt portion of the purchase price shall be increased annually based on the Consumer Price Index for All Urban Consumers in the Boston-Cambridge-Newton area as of January of each year which shall become effective for sales occurring on or after April 1st of that year. The fee shall be the liability of the Seller of such property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the liability for the fee shall not affect such liability of the Seller to the City. The City may, by ordinance, adopt additional requirements, exemptions, and regulations to construe the provisions of this act, including in the case of a transfer of a controlling interest, what constitutes a controlling interest and the calculation of the fee.

SECTION 2. The following transfers of real property interests referred to in Section 1 shall be exempt from the fee established in Section 1: (i) transfers to or from the federal government, the Commonwealth, the City, and any of their instrumentalities, agencies or subdivisions, including the Cambridge Housing Authority; (ii) transfers of real property interests where all of the dwelling units are subject to a long term affordable housing restriction; and (iii) transfers made without additional consideration to confirm, correct, modify or supplement a transfer previously made.

SECTION 3. The fee established in Section 1 shall be paid to the Middlesex South Registry of Deeds at the time that an instrument is recorded. The Middlesex South Registry of Deeds will transfer the fees to the City twice yearly, with the first payment due on or before September 1st, covering the time period of January 1 through June 30, and the second payment due on or before March 1st, covering the time period of July 1 through December 31. The Middlesex South Registry of Deeds will also provide a list of properties that paid the fee when payments are transmitted. The City may, by ordinance, adopt additional requirements, exemptions, and regulations to implement or enforce said fee, consistent with this act.

SECTION 4. The City shall deposit all fees received pursuant to this act into the Cambridge Affordable Housing Trust Fund established by the City, which shall use revenues from the fees raised pursuant to this act for affordable housing purposes.

SECTION 5. The fee is to be collected by the Middlesex South Registry of Deeds unless the City provides the seller with an affidavit that the seller falls into the exempt category noted in Section 2, (ii). Without the exemption affidavit, the Registry of Deeds will collect the fee from the seller at the time of recording. The Middlesex South Register of Deeds shall not record or register a deed unless the fee is collected from a non-exempt seller.

SECTION 6. This act shall take effect upon its passage and after affirmative majority vote of the Cambridge City Council.

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Proposed Order     June 21, 2021
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR MCGOVERN
COUNCILLOR NOLAN
MAYOR SIDDIQUI
WHEREAS: The Ordinance Committee met on March 10, 2021 to continue discussion on the Real Estate Transfer Fee Home Rule Petition.
WHEREAS: The committee voted to forward the following Policy Order to the full City Council; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Law Department to draft an amendment to the "Transfer Fee Home Rule petition" that sets a threshold of the purchase price at "not less than $1,000,000" and further to ask the Solicitor for a recommendation about how best to direct the funds generated by the fee to home ownership production.