Preview – June 26, 2023 Cambridge City Council meeting
Here’s the rundown of interesting agenda items before the players run away:
BEUDO
Manager’s Agenda #2. A communication transmitted from Yi-An Huang, City Manager, relative to Proposed Clarifications to Building Energy Use Disclosure Ordinance Amendments discussed at the June 12, 2023 Council Meeting. (CM23#191) [Manager’s memo] [June 22 BEUDO Amendment – clean version] [June 22 BEUDO Amendment – redline version]
pulled by Zondervan; Rules suspended 9-0 to bring forward Unfinished Business #5, Communications & Reports #3; BEUDO Proposal amended 9-0 with CDD language; Amendment by Mallon, Simmons, Toner, and McGovern re: hardships w/hospitals, large health/elder care facilities, and houses of worship (CR#3) – Nolan objects (with a speech), Carlone objects, Siddiqui objects, Amendment Fails 4-5 (AM,MM,DS,PT-Yes; BA,DC,PN,QZ,SS-No); Proposed Amendment to remove residential apartment buildings from Councillors Toner, McGovern and Simmons – Nolan objects (with a speech asserting that at some point the BEUDO restrictions will be made to apply to all residential buildings all the way down to single-family homes, calls those who disagree fear-mongers); Azeem doesn’t like fact that condo owners contacted but not renters; Carlone questions CDD and Ms. Rasmussen explains that all residential buildings will eventually be targeted – especially at any point of sale, time of lease, or time of renovation – with deadlines; Zondervan objects to amendment; Siddiqui asks CDD if they have additional recommendations, Farooq explains why CDD wants to include apartment buildings but exclude condo buildings; City Manager calls this doable, yet quotes use of RECs (Renewable Energy Credits) in Boston – a tax that can be used as a workaround when non-compliant; Toner wants to exclude all large apartment buildings with presumption that they will be addressed soon; McGovern says they’ll go after a single-family home BEUDO mandate soon enough; Nolan asks if dorms would be covered; Farooq talks of voluntary inclusion of dorms by universities [recess], CDD proposes change to campus definition; Toner amendment Fails 4-4-1 (BA,AM,MM,PT-Yes; DC,PN,QZ,SS-No; DS-Absent); CDD Amendment Approved 9-0; On Rules Suspension to allow Simmons to vote on previous (Toner) amendment it is noteworthy that DC,PN,QZ,SS voted against suspension in order to prevent Simmons from casting her (deciding) vote, suspension prevails 5-4; Simmons recorded as Yes, so Toner amendment Prevails 5-4 (BA,AM,MM,PT,DS-Yes; DC,PN,QZ,SS-No); Nolan amendment Approved 9-0; Zondervan proposed amendment to move Net Zero deadlines up to 2025 and 2030 for New Covered Buildings; Nolan expresses appreciation of proposal and desire that no new building use fossil fuels; CDD expresses reservations about amendment and its aggressive standard, challenges buildings will have in meeting this standard – noting the use of “carbon credit” and other compliance taxes as workarounds; Azeem says this is all new to him and hard for him to support tonight, suggests referring to committee along with his desire to have BEUDO apply to all residential buildings; Mallon not supportive of amendment; Zondervan moves to refer his amendment to Ordinance Committee, Mallon objects to referral and suggests including this in discussion of Fossil-Free Demonstration proposal; McGovern notes that electric grid currently maxed-out and 85% fueled by fossil fuels (which makes all of this downright comical); Carlone cries crisis again; City Manager suggests that Council should do a better job at process of policy-making – either pass BEUDO now as it is and save Zondervan proposal for a later day, or delay passage of BEUDO; Motion to refer Zondervan amendment to Ordinance Committee Prevails 5-4 (BA,DC,PN,QZ,SS-Yes; AM,MM,PT,DS-No); Siddiqui confused about suspension of the rules (clearly motivated by those who did not want Simmons to be allowed to vote); Glowa explains that while a 2/3 vote needed for suspension of the rules, in this case it was technical difficulties on part of Simmons that prevented her from voting; McGovern notes how offensive it would be to prevent Simmons from voting in order to have your way; Toner notes that the recess was partly responsible for the difficulties; Azeem notes that councillors should be generous toward their colleagues; Nolan coldly says that we should follow our rules (really cold, and typically manipulative from Councillor Nolan); Zondervan wants to redo the vote on suspension; Simmons speaks of collegiality. Siddiqui calls for Reconsideration on previous motion to suspend rules – Reconsideration Prevails 7-2 (Carlone, Nolan – No); on Third Attempt, Toner amendment Prevails 6-3 (BA,DC,AM,MM,PT,DS-Yes; PN,QZ,SS-No); They screwed up yet again because of Carlone’s inattention, so another Reconsideration – Prevails 9-0; on Fourth Attempt, Toner amendment Prevails 5-4 (BA,AM,MM,PT,DS-Yes; DC,PN,QZ,SS-No); Simmons, Toner, McGovern, Zondervan, Carlone, Mallon, Nolan, Azeem, Siddiqui speeches; On Final Ordination of BEUDO as Amended: 8-0-0-1 (Simmons – Present); Reconsideration Fails 1-8 (Simmons – Yes); Mgr #2 Placed on File 9-0; Comm & Reports #3 Placed on File 9-0
On The Table #5. Proposed amendment to BEUDO. [Tabled – June 12, 2023]
Removed from Table 9-0; Placed on File 9-0
Unfinished Business #6. Ordinance entitled “Building Energy Use,” Chapter 8.67 of the Municipal Code of the City of Cambridge Building Energy Use Disclosure and Emission Reductions BEUDO (Ordinance 2021-26). [Passed to 2nd Reading June 5, 2023; To Be Ordained on or after June 26, 2023]
BEUDO Proposal amended 9-0 with CDD language; Amendment by Mallon, Simmons, Toner, and McGovern re: hardships w/hospitals, large health/elder care facilities, and houses of worship (CR#3) Fails 4-5 (AM,MM,DS,PT-Yes; BA,DC,PN,QZ,SS-No); Toner amendment to remove residential apartment buildings Prevails 5-4 (BA,AM,MM,PT,DS-Yes; DC,PN,QZ,SS-No); On Final Ordination of BEUDO as Amended: 8-0-0-1 (Simmons – Present); Reconsideration Fails 1-8 (Simmons – Yes); Mgr #2 Placed on File 9-0; Comm & Reports #3 Placed on File 9-0
Communications & Reports #3. A communication was received from Vice Mayor Mallon, transmitting proposed amendments to the Building Energy Use Disclosure Ordinance. Vice Mayor Mallon, Councillor McGovern, Councillor Toner, Councillor Simmons
Placed on File 9-0
Late Policy Order #8. Policy Order re: creating a BEUDO Compliance Advisory Committee. Councillor Simmons, Councillor Toner
comments by Simmons; Charter Right – Azeem
The word on the street is that some version of BEUDO has the simple majority votes needed to pass. This really should be renamed “Building Energy Use Mandatory Retrofit Ordinance” (BEUMRO) or something similar because this is no longer just about “disclosure”.
Manager’s Agenda #3. A communication transmitted from Yi-An Huang, City Manager, relative to a Fossil Fuel Free Demonstration pilot. [Fossil Fuel Free Council Submission for June 26 2023] [225 CMR 24.00 (Updated)5.10.23] [Model Rule – Fossil Fuel Free Demonstration Project 5.10.23]
pulled by Zondervan; Rules suspended 9-0 to bring forward Charter Right #1 (with modified language); Comments by Zondervan, Toner, Simmons, Carlone, McGovern (on claims that “celebrity chefs” support this – really?), Nolan (who claims that there has been outreach over many years in support of this – really?, and also equates this with worker health?); Rasmussen (CDD) claims that outreach is being done and that she would like this to be ordained at Summer Meeting; Substitute Language Approved 7-2 (DS,PT-No); Passed to 2nd Reading 7-1-0-1 (Toner – No, Simmons – Present); Referred to Ordinance Committee 7-1-0-1 (Toner – No, Simmons – Present)
Charter Right #1. Fossil Fuel-Free Demonstration Pilot. [Charter Right – Zondervan, June 12, 2023]
Substitute Language Approved 7-2 (DS,PT-No); Passed to 2nd Reading 7-1-0-1 (Toner – No, Simmons – Present); Referred to Ordinance Committee 7-1-0-1 (Toner – No, Simmons – Present)
As the proposal states: “the Fossil Fuel-Free Demonstration is to restrict and prohibit new building construction and major renovation projects that are not fossil fuel-free.” This basically would mean that unless large wind turbines sprout up and massive solar arrays cover the city, all new buildings will be forced to rely on an increasingly unreliable electric grid. I can’t even get Eversource to restore the feed to my building that failed over 8 years ago, so Good Luck Cambridge!
BOARD APPOINTMENTS
Manager’s Agenda #4. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following person as a member of the Foundry Advisory Committee (FAC). This appointment is for a term of three years; Jameson Johnson.
Appointment Approved 9-0
Manager’s Agenda #5. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following persons as members of the Community Preservation Act (CPA) Committee. These appointments are for five years: Elaine DeRosa, Kathy Watkins, Taha Jennings, and David Lyons.
Appointments Approved 9-0
Manager’s Agenda #11. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following persons as members of the Community Benefits Advisory Committee. These appointments are for three years; Anya Bear and Elena Sokolow Kaufman.
Appointments Approved 9-0
Manager’s Agenda #14. A communication transmitted from Yi-An Huang, City Manager, relative to the appointments of the following persons as a members of the Planning Board. These appointments are for five years; Mary Lydecker, Ashley Tan, Tom Sieniewicz, Adam Westbrook, and Diego Macias.
pulled by Siddiqui; Appointments Approved 9-0
I would love to learn more about the criteria used to select the new Planning Board appointees. I still recall the Government Operations Committee meeting last year where councillors expressed concerns about possibly embarrassing an appointee by exercising their new veto power in open session. It was suggested at that time that they might prevent such discomfort by privately communicating their concerns to the City Manager outside of any open meetings. I have no idea if that’s how things are now playing out, but I do worry that for significant appointments such as the Planning Board, adherence to the agenda of a political group could well be the hidden test.
Manager’s Agenda #6. A communication transmitted from Yi-An Huang, City Manager, relative to an order requesting the rescission of the remaining amount [$2,600,000] of the loan order authorized by the City Council on May 23,2016 for the construction of the King Open/Cambridge Street Schools & Community Complex.
pulled by Siddiqui; Order Adopted 7-0-1-1 (Azeem – Absent; Simmons – Present)
Manager’s Agenda #12. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 21-60, regarding the review of the Parking Permit Program.
pulled by Toner; comments by Toner, Simmons, Azeem, Nolan; additional clarification from Brooke McKenna; Placed on File 9-0
This addresses the abuse of the Resident Parking Permit Program that had vehicles being rented out on a peer to peer car sharing model as part of a business enterprise. Nothing like using our dwindling supply of on-street parking to run a car rental business. Enough!
Manager’s Agenda #13. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report #23-29, regarding the legal opinion for issuing bonds for affordable housing.
pulled by Zondervan; comments by Zondervan (It’s not a hard “No”), Nolan; clarification by City Solicitor Nancy Glowa (It is a hard “No”); Placed on File 9-0
I can hear the hearts breaking among councillors who would like nothing better than to dip even further into the pockets of residential and commercial taxpayers to the tune of the half billion dollars that had been suggested. Solicitor: “Therefore, given that there is no general statutory authority to borrow for the purpose of affordable housing, if the City wishes to borrow for such purpose and does not want to do so under the specific statutory authority available under Chapter 44B, the City would be required to seek special legislation.” I can almost hear the fingers tapping on the keyboards drafting yet another Home Rule Petition to gather dust on Beacon Hill.
Manager’s Agenda #15. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending that the City Council not adopt the Franklin, et al., Zoning Petition.
Referred to Petition 9-0
Among other things, the Planning Board report has this to say: “Board members were unsure as to whether the proposed zoning changes would actually have the effect of reducing housing costs. Board members expressed concern that the proposed changes could have the opposite effect, resulting in the creation of more high end units, as the development potential of the parcels would also be increased. There was also some doubt expressed about whether the dimensional standards proposed were the “right ones”, and Board members expressed support for studying the proposed standards in greater detail to understand if they would complement the existing, prevailing development pattern in many parts of the City.” … “Many Board members felt that the Petition was too broad-brush to be particularly effective. Board members agreed that an overhaul of the City’s zoning should be accompanied by detailed study and a more robust public involvement process than what exists in a public hearing process as part of a zoning petition.” – True that.
Manager’s Agenda #16. A communication transmitted from Yi-An Huang, City Manager, relative to PO23#49, regarding the review of multi-family properties on the market for potential affordable housing acquisitions.
pulled by Carlone; remarks by Carlone, Chris Cotter (CDD Housing), Nolan; Placed on File 9-0
The Manager’s communication is worth the read, but at some point everyone should take a step back and consider what the net effect and unintended consequences of this and related proposals (AHO on steroids, real estate transfer tax, dedicating 10% of the entire City Operating Budget, etc.) might be. It’s hard to “Envision”.
Manager’s Agenda #17. A communication transmitted from Yi-An Huang, City Manager, relative to an update on Summer Programs. [text of report]
pulled by Simmons; comments by Simmons; comments by Liz Speakman (Community Safety Department), Ellen Semonoff, City Manager Huang, Carlone; Placed on File 9-0
RELEASING NAMES OF OFFICERS AND USE OF FORCE
Manager’s Agenda #18. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 23-37, regarding a Policy of Releasing Names of Officers and Use of Force. [text of report]
pulled by Zondervan; mumbling comments by Zondervan (wants to know when inquest will be completed, wants to know why officer names cannot be released); clarification by Police Commissioner Christine Elow, City Manager Huang, City Solicitor Glowa (notes that restriction by court applies to release of officer names); Placed on File 9-0
The Party for Socialism & Liberation kids will not be pleased. The adults in the room will continue to honor due process.
Manager’s Agenda #19. A communication transmitted from Yi-An Huang, City Manager, relative to request that the City Council vote to designate the members of the Charter Review Committee as special municipal employees pursuant to G.L. c. 268A.
pulled by Siddiqui; clarification by City Solicitor Glowa; Order Adopted 8-0-1 (Mallon – Absent)
I don’t get this. These are volunteers.
Charter Right #2. Golf Course Demographic Information PO. [Charter Right – Zondervan, June 12, 2023] (PO23#117)
comments by Zondervan (who invokes “racism”), Nolan, Toner, Simmons (what will we do with this information?); Order Adopted 5-4 (BA,DC,PN,QZ,SS-Yes; AM,MM,DS,PT-No)
As I said two weeks ago: “I don’t really know how we got to the point of recording racial and other characteristics of people who choose to play golf. This is madness. Let’s also not forget that City Council Order from January 2022 that suggested closing part of the golf course in favor of such things as high density affordable housing development. That original Order was proposed by Councillors Nolan, Carlone, Zondervan, and Azeem.”
MATH IS GOOD
Charter Right #3. That the City Manager is requested to amend the Cambridge Math Circle budget up by $100,000 annually. [Charter Right – Toner, June 12, 2023] (PO23#118)
comments by Toner, Carlone, Mallon; Rules suspended to bring forward Comm & Reports #2; Mallon objects to this Order because “other nonprofits” not getting this funding; comments by Simmons, McGovern, Nolan, Siddiqui, Carlone (who notes that Council was OK with asking for add’l funding for CHA), Azeem; Order Adopted 5-4 (BA,DC,PN,QZ,SS-Yes; AM,MM,DS,PT-No)
Communications & Reports #2. A communication was received from Councillor Dennis Carlone, transmitting a document with supplementary information about Cambridge Math Circle. (COF23#114)
Charter Right #4. City Council support for MIT GSU’s right to a fair contract. [Charter Right – Toner, June 12, 2023] (PO23#119)
comments by Toner, Zondervan (accusing Toner of being a “union buster”), McGovern, Simmons; Toner Proposed Amendments (striking several “WHEREAS” clauses) Fail 2-7 (DS,PT-Yes); Order Adopted 8-0-0-1 (Toner-Present)
177 Communications – mainly AHO and Bike Lanes
Resolution #12. Congratulations to David J. Kale on his retirement from the City of Cambridge. Councillor Toner, Mayor Siddiqui, Councillor Simmons, Councillor Carlone
I’ll miss seeing David around City Hall, but I hope to see him around town so that we can continue our regular conversations about baseball (and occasionally municipal finance and other crunchy topics).
Order #1. That the City Manager be and hereby is requested to work with the Law Department to review the proposed amended ordinance language and to work with the Law Department and the Historical Commission to provide an explanation of the legal standard that is used to compel changes or deny projects reviewed by the Historical Commission or Neighborhood Conservation District Commissions and report back to the full City Council by Aug 7, 2023. Councillor Zondervan, Councillor McGovern
Order Adopted 8-0-1 (Carlone – Absent)
I continue to have serious concerns about the efforts of some activists to eviscerate historic preservation in this historic city.
“ENABLING” LEGISLATION
Order #2. That the City Manager is requested to issue an RFP calling for an agency that will lead the City through a community process with all stakeholders that will include community education, feedback, location possibilities, and potential legal issues as it relates to Overdose Prevention Centers. Councillor McGovern, Councillor Zondervan, Vice Mayor Mallon
Order Adopted 8-0-1 (Carlone – Absent)
Committee Report #1. The Human Services and Veterans Committee held a public hearing on Tues, June 13, 2023 from 3:00pm-5:00pm to discuss Overdose Prevention Sites, previously referred to as Safe Consumption Sites. [text of report]
Report Accepted, Placed on File 8-0-1 (Carlone – Absent)
Councillor McGovern wants desperately to site such a facility in the heart of Central Square. As I have often said at various meeting regarding the future of Central Square: “We should plan for the Central Square we would like to see in the future, and not around those things we feel we are stuck with in the present.” You can change the names all you like, but this is basically a Drug Abuse Enabling Center.
Order #4. That the City Manager is requested to work with relevant departments, local business associations, and local businesses to communicate to all retail businesses operating in Cambridge to encourage them to keep doors closed when operating cooling systems and inform them of other energy saving tools. Councillor Nolan, Mayor Siddiqui, Councillor Zondervan
Order Adopted 8-0-1 (Carlone – Absent)
What, no mandate? No ordinance? No fine?
Order #5. That the City Manager is requested to consider measures to improve the Cycling Safety Ordinance Business Impact Study. Councillor Nolan, Councillor Zondervan, Councillor McGovern, Vice Mayor Mallon
pulled by Toner; comments by Nolan; Charter Right – Toner
Translation – Please pay no attention to what residents and businesses are actually saying and experiencing.
Order #6. That the Human Services & Veterans Committee hold a public hearing to discuss options for addressing the situation at Central House. Councillor Zondervan, Councillor McGovern, Mayor Siddiqui
Order Adopted, Referred to Human Services & Veterans Committee 8-0-1 (Carlone – Absent)
FYI – “Central House” is the Central Square YMCA building.
Order #7. That the City Council go on record in enthusiastic support of H.R.1433, the Philippine Human Rights Act, and in urging Representatives Katherine Clark and Ayanna Pressley to co-sponsor the existing bill. Councillor Zondervan, Councillor Carlone
pulled by Nolan; comments by Zondervan; Charter Right – Zondervan
Councillor Azeem announced recently that he would no longer be voting for foreign policies Orders such as this one. Regardless of sentiments expressed in Orders such as this, they really have no place in the Sullivan Chamber. – Robert Winters
Late Resolution #16. Condolences to the family of Saundra Graham. Councillor Simmons, Councillor McGovern, Councillor Toner
comments by Simmons, McGovern; Resolution Adopted 8-0-1 (Carlone – Absent)
Late Resolution #18. Resolution on the death of Norman Thomas McIver. Councillor Toner
Resolution Adopted 8-0-1 (Carlone – Absent)
