Cambridge Civic Journal Forum

Preview – June 12, 2023 Cambridge City Council meeting

Tis the season for pushing through political agendas prior to the ever-important business of gathering nomination signatures and soliciting support during the lead-up to the November municipal election. Here are the items that struck me this week like a velocipede blowing through a red light:

Manager’s Agenda #1. A communication transmitted from Yi-An Huang, City Manager, relative to the proposed structure for the Cambridge Community Electricity program (CCE) for the period 2024-2025. [presentation]
pulled by Nolan; comments by PN, QZ, BA, DS; Placed on File 8-0-1 (SS-Absent)

Manager’s Agenda #3. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 23-31, regarding potential amendments to the Affordable Housing Overlay (AHO).
pulled by Zondervan; comments by QZ, MM, DC, Iram Farooq explains that CDD supports disparate zoning standards for different developers; Mallon cuts off Carlone’s questions; Carlone explains that City purchasing land for the purpose of building mixed-use projects would be the preferred route; Simmons and Azeem are all-in for “sky’s the limit” amendments to AHO; Nolan expresses concern about changes to open space and setback requirements; Farooq comments sound almost like she works for the housing developers; AM comments; Amended language adopted as a City Council zoning petition 8-0-1 (SS-Absent); Referred to Planning Board and Ordinance Committee 5-3-1 (BA,AM,MM,DS,QZ-Yes; DC,PN,PT-No; SS-Absent)

The ABC propagandists have been lighting up their mailing lists over this proposal to accelerate the transition from relatively dense residential housing to extra-high density subsidized housing in the Squares and along all of the major “corridors” in Cambridge. Expect a long line of Zoom speakers reading scripted comments. It should be noted that this proposal is not currently in the queue of proposed zoning amendments. It is likely that some version of this will now be put in the queue to be considered during the next several months and likely be woven prominently into upcoming political campaign propaganda and used to malign anyone who opposed or even questions to “wisdom” of the proposal.

A sampler of what is proposed:

• There shall be no maximum FAR for an AHO Project within an AHO Square or AHO Corridor.
• There shall be no minimum lot area per dwelling unit for an AHO Project.
• Where the District Dimensional Standards set forth a maximum residential building height of more than 65 feet, an AHO Project shall contain no more than 13 Stories Above Grade and shall have a maximum height of 150 feet. [The proposal had called for buildings in areas zoned for heights above 50 feet to go up to 9 stories with a maximum height of 80 feet, but after “consultation with local affordable housing builders”, CDD jacked up all of the proposed maximums.
• An AHO Project within an AHO Square shall contain no more than fifteen (15) Stories Above Grade and shall have a maximum height of one hundred and seventy (170) feet….
• An AHO Project within an AHO Corridor shall contain no more than twelve (12) Stories Above Grade and shall have a maximum height of one hundred and forty (140) feet….
• An AHO Project shall have no minimum front yard setback.
• An AHO Project shall have no minimum side yard setback.
• An AHO Project shall have a minimum rear yard setback of 15 feet. [CDD revised this down from 20 feet.]

We really need to ask that a new hand be dealt in this November’s municipal election.

Manager’s Agenda #4. A communication transmitted from Yi-An Huang, City Manager, relative to Policy Order 2023 #81 directing City staff to recommend what new city regulations and council action or changes to existing regulations or ordinances are needed to put in place in order to implement the Craig Kelley et al. Zoning Petition for residential car sharing and renting of EV charging stations. [cover letter] [CDD memo] [Solicitor’s Legal Opinion]
pulled by Nolan; Unf. Bus. #2 before Council; comments by Nolan; Petition language amended by substitution of CDD language 8-0-1 (SS-Absent); QZ, DC comments; Ordained as Amended 7-1-1 (DC-No; SS-Absent)

Unfinished Business #2. An Ordinance has been received from Craig Kelley et al, relative to amend the Zoning Ordinance of the City of Cambridge regarding EV and car share Zoning change. [Passed to 2nd Reading May 15, 2023; To Be Ordained on or after June 5, 2023; Expires Aug 1, 2023] (ORD23#2) [First Publication]
Petition language amended by substitution of CDD language 8-0-1 (SS-Absent); QZ, DC comments; Ordained as Amended 7-1-1 (DC-No; SS-Absent)

As I have stated before, this is a fundamentally good idea with potential unintended consequences – not the least of which would be resident homeowners with parking spaces relocating their vehicles to on-street parking in order to operate their EV-equipped driveways and yards as a commercial enterprise. I am sure that apps will follow to direct people to these addresses just like Airbnb and Waze. Another question would be whether a portion of the residential property should then be taxed at commercial property tax rates.

Manager’s Agenda #5. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 23-27, regarding the Charter Review Timeline Legal Opinion Request. [Solicitor’s Legal Opinion]
pulled by Nolan; comments by Nolan, Zondervan, Azeem; responses by City Solicitor Nancy Glowa, Election Commission Exec. Director Tanya Ford-Crump; Nolan expresses desire to have a Special Election in 2024; Placed on File 8-0-1 (SS-Absent)

Late Order #8. That the City Manager is requested to have the Legal Department answer several questions related to the timeline on voting a possible charter change.   Councillor Nolan
comments by PN, MM, DC; Order Adopted 6-1-1-1 (QZ-No, SS-Absent, DS-Present)

Under G.L. c. 43B, §11, a proposed charter amendment approved by the City Council pursuant to a two-thirds vote and approved by the Attorney General shall be submitted to the voters for their approval or disapproval at the “first regular city election” … “held at least two months after the order proposing such charter amendment becomes effective.” (Nov 4, 2025 at the earliest) An alternative would be that “Upon local approval by vote of the City Council, the charter or charter change can be filed as a bill by a member of the City’s delegation to the General Court, with the bill proceeding through the legislative process in the same manner as other legislation. … The special legislation, if passed by the Massachusetts General Court and enacted and signed by the Governor, would then go before the voters on the next municipal ballot.” … “The election on potential amendments to the City’s charter could theoretically be conducted during either the City’s biennial municipal election or the City’s biennial state election, depending on the final language in the home rule petition that the state legislature approves and the Governor signs. Likewise, the language … does not preclude the City from requesting a special election on potential charter amendments in its home rule petition to the state legislature. … The state legislature may object to a local election detracting from the state/federal election in the state’s fourth largest municipality. Tanya Ford, the Executive Director of the Election Commission, has noted that conducting two simultaneous separate elections on the same day would also require increasing staffing and resources.”

I don’t believe that the current City Council would be so reckless as to rush through such an important matter, but there are clearly precedents for such recklessness.

Manager’s Agenda #6. A communication transmitted from Yi-An Huang, City Manager, relative to the recommendation of the following appointments and reappointments of members to the Avon Hill, Half-Crown-Marsh, and Mid Cambridge Neighborhood Conservation District (NCD) Commissions. These appointments are for three years and are effective June 12, 2023 unless otherwise noted; Levin Campbell, Ruby Booz, Aaron Kemp, Donna Marcantonio, James Van Sickle, Kathryn Moll, Nan Laird, Catherine Tice and Charles Redmon
Appointments Adopted 8-0-1 (SS-Absent)

Manager’s Agenda #7. A communication transmitted from Yi-An Huang, City Manager, relative to the appointments and reappointments of the following person as members of the Commission on Immigrant Rights and Citizenship (CIRC) Commission for a term of three years effective June 12, 2023; Maximus Daniel De Medici, Debra Klein, Vanessa Sarmiento, Tsamchoe Dolma and Ana D. Mejia
Appointments Adopted 8-0-1 (SS-Absent)

Manager’s Agenda #8. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of the following persons as members of the Public Arts Commission (PAC) for a term of three years, effective June 12, 2023; Diana Smith, John Ravenal, Frank Shirley, Jennifer Lawrence, Gabrielle Domb and Keisha Greaves.
Appointments Adopted 8-0-1 (SS-Absent)

Will this be the moment when the City Council invokes its veto power to reject volunteers to City boards who fail to meet their ideological and other tests? Even more problematic (and as suggested in prior meetings of the Government Operations Committee), are city councillors quietly vetting candidates prior to the City Manager’s appointments? Inquiring minds would like to know. How might that jibe with the usual claims of “transparency” – let alone the Open Meeting Law? We are currently in unchartered waters.

Manager’s Agenda #10. A communication transmitted from Yi-An Huang, City Manager, relative to the establishment of a Universal Pre-Kindergarten (UPK) Stabilization Fund.
Order Adopted 8-0-1 (SS-Absent)

Manager’s Agenda #11. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $10,000,000 from Free Cash to the Universal Pre-Kindergarten (UPK) Stabilization Fund. Funds appropriated to and held by the UPK Stabilization Fund, will be expended for the provision of programs and services related to establishing, maintaining and expanding a Universal Pre-Kindergarten program and other early childhood programs in the City of Cambridge.
Order Adopted 8-0-1 (SS-Absent)

Manager’s Agenda #12. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $1,000,000 from Free Cash to the Public Investment Fund Department of Public Works Extraordinary Expenditures account for technical assistance in assessing and implementing the City’s Building Energy Use Disclosure Ordinance (BEUDO) for new and existing City-owned buildings.
Order Adopted 8-0-1 (SS-Absent)

Manager’s Agenda #13. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $250,000 from Free Cash to the Public Investment Fund Department of Public Works Extraordinary Expenditures account, for a conditions assessment and preliminary feasibility study for the City’s property at 119 Windsor Street.
pulled by Zondervan; comments by QZ; responses from Deputy City Manager Owen O’Riordan; Order Adopted 8-0-1 (SS-Absent)

Manager’s Agenda #14. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $660,866.80 from Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account. Funding will support projects to convert inefficient lighting to energy-saving LEDs at the Healy Public Safety Building, Main Library, Alice K Wolf Building, Longfellow-Broadway School and First Street Garage.
pulled by Nolan; comments by PN, BA, DC, QZ; Order Adopted 8-0-1 (SS-Absent)

“As of June 12, 2023, the City’s Free Cash balance is $142,269,242 from an initial certified amount of $199,259,756.” These appropriations would further reduce that. Many people have also suggested that substantial commercial tax abatements may be forthcoming which would, presumably, further reduce our unreserved fund balance.

Charter Right #1. That the Transportation and Public Utilities and Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebration Committees work with the City Manager and appropriate city departments and staff, to hold a joint hearing to receive input from city staff and the community to review the effectiveness and develop recommendations on methods to collect data and establish measurable benchmarks and standards as it relates to the Cycling Safety Ordinance. [Charter Right – Azeem, June 5, 2023]
Azeem comments and amendments; Toner, Nolan, Zondervan, Carlone, McGovern comments; original sponsors added to substitute order 7-1-1 (QZ-No, SS-Absent); Amendments Adopted 7-1-1 (QZ-No, SS-Absent); Order Adopted as Amended 7-1-1 (QZ-No, SS-Absent)

This should again bring lots of public comment. The only real question is what particular phrasing Councillor Azeem will propose to effectively say “that under no circumstance shall any data collected, benchmarks, or standards in any way alter any provisions or timelines of the Cycling Safety Ordinance. “and the Judge wasn’t going to look at the twenty seven eight-by-ten color glossy pictures with the circles and arrows and a paragraph on the back of each one explaining what each one was to be used as evidence…”

Unfinished Business #3. Ordinance entitled “Building Energy Use,” Chapter 8.67 of the Municipal Code of the City of Cambridge Building Energy Use Disclosure and Emission Reductions BUEDO (Ordinance 2021-26) [Passed to 2nd Reading June 5, 2023; To Be Ordained on or after June 26, 2023] [First Publication]

Order #1. Proposed amendment to BEUDO.   Councillor Zondervan, Councillor Nolan, Mayor Siddiqui, Councillor Carlone
pulled by Zondervan; comments by QZ who wanted to exercise Charter Right (cannot), Tabled 7-1-1 (PT-No, SS-Absent)

Order #2. Fossil Fuel Free Demonstration Pilot.   Councillor Zondervan, Councillor Nolan
pulled by Zondervan; comments by MM, QZ; Charter Right – Zondervan

Regarding these proposals, I refer you to the remarks of Patrick Barrett who understands these issues far better than any of the currently elected city councillors. It’s getting beyond tiresome when late amendments arrive with virtually zero time for members of the public and affected property owners to digest them.

Order (withdrawn). That the City Manager is requested to work with the Executive Director of the Cambridge Housing Authority to extend the deadline for submitting applications to fill the Resident Board Member vacancy on the CHA Board of Commissioners, and to invite the Alliance of Cambridge Tenants to submit a list of names for this position.   Councillor Zondervan

The deadline has already been extended. Meanwhile, the “Alliance of Cambridge Tenants” is in chaos with some of its most prominent figures either resigning or being excluded. It would seem that the Cambridge Housing Authority is exercising an alternative option by posting the open position in the common spaces of all of its properties. It’s also quite possible that the current board member may be reappointed which would make this whole matter moot.

Order #3. Golf Course Demographic Information PO.   Councillor Zondervan, Mayor Siddiqui, Councillor Carlone
pulled by Toner; comments by QZ, PT, PN, DC, MM, AM; Charter Right – Zondervan

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.

Order #4. That the City Manager is requested to amend the Cambridge Math Circle budget up by $100,000 annually.   Councillor Carlone, Mayor Siddiqui, Councillor Azeem, Councillor Nolan
pulled by Carlone; comments by DC, PN (add as cosponsor), PT; Charter Right – Toner

This is a worthwhile proposal definitely worth funding, but the real question is: “Why is this proposal coming from three city councillors?” Isn’t this the province of the Cambridge School Committee? I would really like to better understand the background of why this is coming in as a City Council Order.

Order #5. City Council support for MIT GSU’s right to a fair contract.   Councillor Azeem, Councillor Zondervan
pulled by Toner; comments by BA, PT; Charter Right – Toner

Order #6. That the Home Rule Petition titled “PETITION FOR AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO EMPLOY AUTOMATED ENFORCEMENT WITHIN THE CITY OF CAMBRIDGE” be forwarded to the state delegation in order to forward to the General Court for adoption.   Councillor Nolan, Vice Mayor Mallon, Councillor Azeem, Councillor Carlone, Councillor McGovern, Councillor Simmons, Councillor Toner, Councillor Zondervan, Mayor Siddiqui
pulled by Zondervan; comments by PN; QZ motion to make unanimous adopted 8-0-1 (SS-Absent); Order Adopted as Amended 8-0-1 (SS-Absent)

I love the contradictory positions of this City Council being suspicious of surveillance and now potentially in favor of automatic traffic enforcement. That said, the background of this Order is pretty clearly an effort to jump on yet another nationwide bandwagon questioning the use of uniformed police officers to enforce traffic laws. It’s worth noting the provision: “No photographs taken in conformance with this chapter shall be discoverable in any judicial or administrative proceeding other than a proceeding held pursuant to this chapter without a court order. No photograph taken in conformance with this chapter shall be admissible in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for such violation of this chapter without a court order.” In contrast, when a police officer does a traffic stop there’s always the possibility that there may be outstanding warrants (or worse).

Committee Report #1. The Ordinance Committee held a public hearing on Wed, May 24, 2023 on the Citizens Zoning Petition received from Charles Jessup Franklin et al., regarding allowing new construction hat is similar in size and shape as existing buildings for the purpose of promoting housing and first floor retail. [text of report]
Report Accepted, Placed on File 8-0-1 (SS-Absent)

I’m not sure where this is headed, but I would love to read what the Planning Board has to say. As I stated last week: “The Franklin et. al. Petition would essentially double and triple allowable densities broadly across all residential zones and mixed-use zones. Though it claims to be an effort to “restore” the right to build structures similar in size and shape as existing buildings, this is entirely not the case in most areas that would be affected by the proposed zoning change. It also substantially reduces setback and open requirements. It also would require ground floor nonresidential uses in many settings – even as retail continues to struggle. … This proposal needs a lot more than just a review for consistency.” If you add this on top of the proposed AHO amendments, I can’t even begin to describe what a miserable urban environment may be in our future. The sheer dishonesty and misrepresentation of it all is enough to make you retch. – Robert Winters