Challenges of a New Year – January 9, 2023 Cambridge City Council meeting
The first meeting of the new year promises to be a difficult one. Here are some featured agenda items:
Updates
Manager’s Agenda #1. A communication transmitted from Yi-An Huang, City Manager, relative to an update on the fatal officer-involved shooting in Cambridgeport.
Excellent, balanced statements by City Manager and Police Commissioner Elow; community meeting and Special City Council meeting scheduled; comments by SS, AM, BA, MM (body cameras, procedures, independent investigation), QZ moves to bring forward Committee Report #4 on “HEART”: 8-0-1 (DS Absent); Zondervan calls for funding of HEART program suggesting that they would have prevented this incident, calls for demilitarizing police, investment in more mental health services, objects to defense of our “supposedly progressive police force”, calls for Cambridge Police Department “to disarm or disband”, will schedule a Public Safety Committee meeting; remarks by PN, PT, DC, DS (resist the urge to think we have all the facts); Placed on File 9-0
Tragedy, controversy, and crisis can bring out the best and the worst in people, and can provide opportunity for leadership or opportunism. It’s best that everyone withhold judgment until all the details and circumstances of this incident are better understood.
An organized protest is scheduled to take place starting at 3:00pm in front of City Hall prior to the City Council meeting. The City will conduct a Community Meeting on Thurs, Jan 12 at the MLK School (102 Putnam Ave.) from 6:00pm to 8:00pm with District Attorney Marian Ryan, Police Commissioner Christine Elow, and City Manager Yi-An Huang to answer questions; and a Special City Council Meeting is scheduled for Wed, Jan 18 at 3:00pm to discuss protocols, processes, and training in the Cambridge Police Department.
Manager’s Agenda #2. A communication transmitted from Yi-An Huang, City Manager, relative to a public health update.
Derrick Neal notes that hospitalizations are now at a high level – stressed but managing; indoor masks recommended; wastewater peaked but declining; Placed on File 7-0-2 (DS,QZ – Absent)
Zoning Matters
Manager’s Agenda #10. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending that the City Council not adopt the Patrick Barrett, et al., Zoning Petition.
Referred to Petition 9-0
Order #2. That the City Manager direct the Law Department to research whether the Barrett et al. petition would need to be refiled should there be a Letter of Commitment attached to the rezoning. Vice Mayor Mallon, Councillor Zondervan, Councillor McGovern
pulled by Zondervan; Order Adopted 8-0-1 (Carlone ABSENT)
Manager’s Agenda #11. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending that the City Council not adopt the Duane Callender, et al., Zoning Petition.
Referred to Petition 9-0
Committee Report #2. Joint meeting of the Economic Development and University Relations Committee and the Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebrations Committee on Dec 7, 2022, at 1:00pm to review and discuss the attached zoning petition regarding lab use. [text of report]
Report Accepted, Placed on File 8-0-1 (Carlone ABSENT)
Unfinished Business #3. An Ordinance has been received from Diane P. LeBlanc City Clerk, relative to Emissions Accounting Zoning Petition. [Passed to 2nd Reading Dec 19, 2022; To Be Ordained on or after Jan 9, 2023; Expires Mar 6, 2023]
Applications & Petitions #3. A Zoning Petition Has been received from Douglas Brown regarding Amending Article 4, 5 and 8 incrementally modernizing residential zoning.
pulled by Mallon; question about why only one signature on petition, Clerk reads ruling of City Solicitor explaining why this is permissible; Zondervan acknowledges the legality; Toner had same questions about single signature; McGovern also surprised but then barks ABC party line about housing crisis and his desire to not do anything incremental but instead only at a grand scale; Azeem, Simmons also comment; Referred to Ordinance Committee and Planning Board 8-0-1 (Carlone ABSENT)
Order #7. That the City Manager is hereby requested to direct the CDD and the Law Department to examine the Citizen’s Petition submitted by Suzanne P. Blier, et. al on the Harvard Square Zoning Petition Modification regarding Frontage of Financial Institutions and make recommendations for any amendments that are needed. Councillor Zondervan
pulled by Zondervan; Order Adopted 9-0
Committee Report #5. The Ordinance Committee held a public hearing on Dec 14, 2022, at 1:30pm regarding the Citizen’s Petition submitted by Suzanne P. Blier, et. al regarding the Harvard Square Zoning Petition Modification regarding Frontage of Financial Institutions. [text of report]
Report Accepted, Placed on File 9-0 (Carlone ABSENT)
Committee Report #4. The Ordinance Committee held a public hearing on Dec 14, 2022 at 12:30pm on Zoning Petition Recommendation – Removing Limit on BZA Compensation (Attachment F of CM22#207 in Council on Oct 24, 2022). The Ordinance Committee voted to send proposed Ordinance #2022-23 regarding removing the limit on BZA compensation to the full Council with a favorable recommendation to Pass to a Second Reading. [text of report]
Report Accepted, Placed on File, Passed to 2nd Reading 9-0
Energy, Climate, and all that
Manager’s Agenda #12. A communication transmitted from Yi-An Huang, City Manager, relative to the Cambridge Net Zero Action Plan 5-Year Review and Update. [text of report]
pulled by Toner; comments by Nolan and Zondervan; Placed on File 9-0
Manager’s Agenda #13. A communication transmitted from Yi-An Huang, City Manager, relative to the Stretch Energy Code and Specialized Energy Code. [text of report]
pulled by Toner w/Order #4; Placed on File 9-0
Order #4. That the City Council adopt the Specialized Stretch Code, as outlined in 225 CMR 22.00 and 225 CMR 23.00, with an effective date of July 1, 2023. Councillor Nolan, Councillor Zondervan, Mayor Siddiqui
pulled by Toner w/Mgr’s Agenda #13; series of forums and other outreach proposed for Feb-March (Farooq); comments by Zondervan (wants to adopt w/o outreach), Nolan (says City has been waiting for this – including the ban of natural gas supply to new buildings and more); Carlone tells of sustainable buildings he’s designed and says Stretch Code doesn’t go far enough – calls it “old guard”; Siddiqui notes that it only applies to new buildings and substantial renovation; Simmons asks about what outreach has been done – Farooq acknowledges that no special outreach has taken place; Charter Right – Toner
In short, this Order calls for the immediate adoption of the new “Specialized Stretch Code” without any further discussion or committee meetings even though the new standards may involve considerable new requirements and expense for Cambridge residents. While it may be true that meetings have been held in the past, I will wager that very, very few residents were aware of such meetings or what adoption of the new code might mean in terms of renovation projects in their homes. This is reminiscent of the adoption of amendments in 2020 to the Bicycle Safety Ordinance where residents only found out much later what was in store for Cambridge roadways.
25 Years Waiting
Manager’s Agenda #14. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of Vivek Sikri, Kimberly Kaufman, and Kathryn Carlson to the Cambridge Traffic Board pursuant to Chapter 455 of the Acts of 1961 (the “Special Act”).
Placed on File 9-0
I first made the case at City Council about 20 years ago that the City was in violation of the law in its discontinuation of the Traffic Board. Without it, regulatory decisions of the Traffic Director are absolute with no mechanism for redress. We’ll have to see whether or not the City Manager has “stacked the deck” with advocates for specific policies or if the Traffic Board will prove to be objective in matters brought before them by residents or in their role advising the Department of Traffic, Transportation and Parking.
… and the rest
Order #6. That the Assistant City Manager for Community Development be and hereby is requested to inform the Ordinance Committee on whether or not it is the case that the rate of rents being charged in the buildings located in the City squares is primarily driven by those who can pay the highest rent amounts. Councillor Simmons
pulled by Zondervan; rules suspended to also take up Order #7 and Committee Report #5; Order Adopted 9-0
[Note: Zondervan and Nolan question why these Orders from Committee Reports are listed here, but this is the way it had always been done until relatively recently.]
Other than during the rent control years, was this ever not the case for either residential or commercial buildings?
Committee Report #6. The Public Safety Committee held a public meeting on Dec 14, 2022 at 3:00pm to discuss the implementation of the new Community Safety Department and integration with HEART. [text of report]
Taken up with Mgr #1, Report Accepted, Placed on File 9-0
The report notes that “Robert Winters… shared concerns on discussions that were presented at the meeting.” That’s quite the understatement. The points I actually made were that: (a) most people, including Cambridge Police, support the idea of having appropriate alternatives in crisis response; (b) the proponents of the HEART proposal have a clear history of hostility toward police; (c) if the City chooses to contract with the HEART proponents in providing alternatives to police, it is inevitable that conflicts and possible litigation will result; (d) all of the rhetoric from the HEART proponents to date has been dismissive of the City’s newly created Community Safety Department which would be the department contracting with HEART; (e) there is no actual evidence of training or expertise among the people associated with HEART; and (f) good management calls for a proper RFP and bidding for the proposed services. – Robert Winters