Cambridge Civic Journal Forum

And away they all flew like the down of a thistle… Dec 19, 2022 Cambridge City Council meeting

It’s that time of year for the pre-holiday gathering. Here are a few items of interest on this week’s agenda:

Manager’s Agenda #1. A communication transmitted from Yi-An Huang, City Manager, relative to a public health update.
Placed on File 9-0

Awaiting Report #22-85. Report on organizing a vaccine clinic in December which will provide gift cards to residents who receive a COVID19 vaccination or booster.  Vice Mayor Mallon, Mayor Siddiqui (O-2) from 12/5/2022
[Note: This event took place on Thurs, Dec 15, 2022.]

Manager’s Agenda #5. A communication transmitted from Yi-An Huang, City Manager, relative to approval requested for appointments of new members and reappointments to the Cambridge Library Board of Trustees.
Appointments Approved 9-0

I propose that City Council review of Board appointments work like jury selection where each councillor gets one peremptory challenge per Council term. That would be more honest than what I expect we’ll otherwise soon be seeing.

Manager’s Agenda #6. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $4,709,473 from the Water Fund Balance, Retained Earnings ($2,354,737) and from Free Cash ($2,354,736), to the Water Fund Other Ordinary Maintenance account ($3,392,903) and to Water Public Investment Extraordinary Expenditures account ($1,316,570) to fund the purchase of water from the Massachusetts Water Resources Authority (MWRA).
pulled by Zondervan; Order Adopted 9-0

Manager’s Agenda #7. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $700,000 from Water Fund Balance (Retained Earnings) account to the Water Public Investment Extraordinary Expenditures account, to fund the purchase of Per- and Polyfluoroalkyl Substance (PFAS) testing equipment.
pulled by Zondervan; Order Adopted 9-0

Manager’s Agenda #8. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation in the amount of $9,812,215.88 from Free Cash to the Public Investment Fund Capital Projects Control Account ($7,036,323.82); to the Grant Fund Historical Control Account ($29,909.04); to the Grant Fund Public Celebrations Control Account ($78,836.02) and to the Grant Fund Police Control Account ($92,457), as well ($2,574,690) to the Capital Receivables account. This is an accounting transaction adjustment requested by the Massachusetts Department of Revenue (DOR), Division of Local Service) based on a change in their position and will eliminate negative balances which have been included in our annual Free Cash calculation for several years.
Order Adopted 9-0

Manager’s Agenda #9. A communication transmitted from Yi-An Huang, City Manager, relative to changing the name of the City’s Climate Protection Action Committee’s (“CPAC”) to the “Cambridge Climate Committee.”
pulled by Nolan; Placed on File 9-0

Not to be confused with Conservative Political Action Coalition (CPAC), I’m sure.

Manager’s Agenda #10. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board recommending adoption of the BZA Stipends Zoning Petition, with additional comments.
pulled by Carlone; Referred to Petition 9-0

Why not just pass around $75 debit cards to everyone who shows up?

Manager’s Agenda #11. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending adoption of the Suzanne Blier, et al., Zoning Petition, with additional considerations.
Referred to Petition 9-0

Manager’s Agenda #12. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 22-79, which requested that the Traffic, Parking, and Transportation Department and Department of Public Works meet with and receive input from residents living on the streets in the impacted area [around Garden St.] to discuss strategies to mitigate and reduce overflow and cut through traffic, including the proposal mentioned in the order, or other traffic calming or traffic diversion methods, and report back to the Council on any short-term recommendations no later than December 19. [TPP memorandum]
pulled by Toner; Placed on File 9-0

…and the Judge wasn’t going to look at the twenty seven eight-by-ten colour 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 against us.

Charter Right #1. That the City Manager is requested to work with the appropriate departments to conduct street cleaning without towing starting with the 2023 season. [Charter Right – Simmons. Dec 5, 2022]
Order Adopted as Amended 6-1-1-1 (Toner – NO, McGovern – ABSENT, Simmons – PRESENT)

[From the previous meeting…] I have mixed feelings about this – especially as a resident who has been voluntarily clearing the storm drains in my neighborhood for decades. I have always appreciated a good curb-to-curb cleaning during the warmer months and plowing snow as close to the curb as possible during winter. Having even one vehicle to go around negates much of this benefit. I would be happier if a new policy had some discretion, i.e., if the crews and police feel that little is gained by towing in a specific occasion then a pricey ticket may be sufficient. Unfortunately, there are many people now living in Cambridge who might just write that off as the “cost of doing business” as they wallow in their negligence.

18 Communications, including 5 from Young Kim and 4 from the inevitable Bob LaTrémouille.

Is cooking a Christmas goose still a tradition?

Resolution #5. Resolution on the death of Sheila Doyle Russell.   Councillor Toner, Mayor Siddiqui, Councillor Simmons, Councillor McGovern, Councillor Azeem, Councillor Carlone, Vice Mayor Mallon, Councillor Nolan, Councillor Zondervan

I have known many city councillors since the time I began paying attention to things, but Sheila Russell tops my ticket as the councillor and Mayor I most enjoyed being around. Nobody else even comes close to her mix of wit, wisdom, and willingness to pull a friendly prank on colleagues. The Sullivan Chamber has never been the same since she retired from the Council in 1999.

Order #1. That City Manager be requested to direct Legal Department and CDD to review the final language of the emissions accounting zoning petition, and make any recommended adjustments, including to the effective date, to the city council prior to ordination.   Councillor Zondervan, Councillor McGovern
pulled by Zondervan; Order Adopted 9-0

Order #2. That City Manager be requested to direct CDD to work with relevant stakeholders to provide a preliminary estimate of the cost and time burden of compliance with the emissions accounting provision, prior to ordination.   Councillor Zondervan, Councillor McGovern
pulled by Zondervan; Order Adopted 9-0

Order #3. That City Manager be requested to direct CDD to work with relevant stakeholders to inform the design of future regulations associated with accounting for embodied emissions.   Councillor Zondervan, Councillor McGovern
pulled by Zondervan; Order Adopted 9-0

It’s almost as though our “progressive” councillors have discovered the concept of “unintended consequences.” Keep dreaming.

Order #4. That the City Manager is requested to work with relevant City departments to provide an updated tree canopy projection and provide up-to-date tree data to reflect the effect of the 2022 drought and plans to remedy tree loss as soon as possible.   Councillor Nolan, Councillor Zondervan, Mayor Siddiqui, Councillor Toner
Order Adopted 9-0

Committee Report #1. The Neighborhood and Long-Term Planning Committee met on Wed, Oct 19, 2022 to conduct a public meeting to discuss the Cambridge Street Study: Findings and Recommendations Update. [text of report]
Report Accepted, Placed on File 8-0-1 (McGovern – ABSENT)Report Accepted, Placed on File 8-0-1 (McGovern – ABSENT)

Committee Report #2. The Economic Development and University Relations Committee met on Tues, Nov 22, 2022 to conduct a public meeting to receive an update on the BEUDO amendments from the Community Development Department and a discussion of the environmental and economic impact of BEUDO on residential, business and academic properties/communities. Meeting was recessed and not adjourned. [text of report]
Report Accepted, Placed on File 7-0-2 (McGovern, Simmons – ABSENT)

Committee Report #3. The Human Services and Veterans Committee met on Tues, Nov 29, 2022 to conduct a public meeting to discuss the unhoused population in Cambridge and uptick in substance use in Central Square. [text of report]
Report Accepted, Placed on File 7-0-2 (McGovern, Simmons – ABSENT)

Committee Report #4. The Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebrations Committee held a public meeting on Wed, Nov 30, 2022 to receive and update on the latest recommendations from the Alewife Zoning Working. Meeting was recessed and not adjourned. [text of report]
Report Accepted, Placed on File 8-0-1 (McGovern – ABSENT)

Committee Report #5. The Ordinance Committee held a public meeting on Tues, Dec 6, 2022, at 1:00pm to discuss proposed Ordinance #2022-20, Emissions Accounting Zoning. The Committee voted favorably to send three policy orders to the City Council that appear on this agenda in the Policy Order section. Further, the Committee voted to send proposed Ordinance #2022-20, Emissions Accounting Zoning as amended, to the Full Council with a favorable recommendation to Pass to a 2nd Reading. [text of report]
Report Accepted, Placed on File, Passed to 2nd Reading 7-0-2 (McGovern, Simmons – ABSENT)

Committee Report #6. The Ordinance Committee held a public meeting to continue the discussion of Pregnancy Centers, proposed Ordinance #2022-16 on Dec 6, 2022 @3pm. The Committee voted to send proposed Ordinance #2022-16 as amended, Crisis Pregnancy Centers, to the full Council with a favorable recommendation to Pass to a 2nd Reading. [text of report]
Report Accepted, Placed on File, Passed to 2nd Reading 8-0-1 (McGovern – ABSENT)

Communications & Reports #2. A communication was received from Councillor Nolan and Mayor Siddiqui transmitting a Charter Review Committee Status Update.
Placed on File 8-0-1 (McGovern – ABSENT)

The authors state: “As of this communication, the CRC has met almost a dozen times.” — Actually, the CRC has met exactly 7 times. The first meeting of any substance was the most recent Meeting #7 on Dec 6. I have no idea how the authors decided that “the CRC has met almost a dozen times.” All of the meetings have been in Zoom with very limited public attendance or public comment – the opposite of what a process of this significance should be.

The authors state: “The vote to draft a new charter was done with the understanding and knowledge that a new charter could, if desired, maintain every element of the current charter. Starting fresh with a new charter means that the charter would no longer use Plan E, a form of charter no longer allowed in the Commonwealth. Current municipal government charters are usually based on a model charter with each element of the charter decided by the municipality based on needs and circumstances.” — This statement is contradictory. The Plan E Charter is still an option under Chapter 43 of the Massachusetts General Laws with the formal exception that the use of proportional representation (PR) as an election method was subsequently repealed. However, under the provisions of Chapter 43B (Home Rule Procedures Act) and Chapter 43C (Optional Forms of Municipal Administration Act), a city may propose various election methods, including proportional representation (PR) as currently used in Cambridge or (hopefully) a modified version that no longer has the awkward dependence of the order in which ballots are counted. In other words, and as stated in the authors’ first sentence, “a new charter could, if desired, maintain every element of the current charter.” I will add that on May 18, 2022 the Northampton City Council unanimously approved a home rule petition to implement Ranked Choice Voting and PR using the Modified Inclusive Gregory Method. The proposal is essentially the same as the Home Rule Petition from Amherst that proposd to use the Weighted Inclusive Gregory Method (WIGM). The point is that Massachusetts cities have again begun to consider proportional representation methods using improved versions of what Cambridge has used for the last 80+ years, and this is permissible under Massachusetts laws relating to elections. Whether any of these Home Rule Petitions survive the legislature remains an open question. In the case of Cambridge, our current PR system is “grandfathered” and may continue to be used without state legislative approval.

The authors state: “If we are to consider changes to be put on the ballot for 2023, the CRC work must be completed in a timely fashion and the City Council would need to work expeditiously to decide on what proposal to put before the voters. A home rule would have to be filed and passed in order for the ballot question to be put forth.” — Translation: Regardless what this CRC recommends, the current city councillors, subject to state legislative approval, would be the sole deciders on what would go before the voters – unlike an elected Charter Commission which would be able to propose changes independent of what the current councillors may feel is in either their best interests or that of the city. In other words, I wouldn’t expect to see any proposals survive to November 2023 that don’t either maintain or enhance either the power or electablity of the incumbents.

There are several significant themes that really should be considered in the ongoing charter discussions. For example: (1) the loss of neighborhood representation when the role of wards in representation was effectively eliminated in 1940; and (2) the mechanisms for “redress of grievances” with which a reasonable number of citizens can force a hearing and possibly a vote on a specific matter. Previous charters all had such a mechanism, but under the Plan E Charter the barrier is extremely high and any such petition is seen merely as a request that can be simply “Placed on File” with neither a hearing, a vote, or any other consideration.

By the way, in Meeting #7 of the CRC, members were given a review of the current modified Plan E Charter. The document was pretty familiar – it’s the very same document I produced from the original printed text some years ago complete with my choice of formatting and fonts – and even the links to documents on the Cambridge Civic Journal site on proportional representation and chapter fifty-four A. Prior to that, even though Cambridge has been operating under the Plan E Charter since the 1941 election there had been no reference anywhere on the City website to what actually constituted the Plan E Charter. You’re welcome. – Robert Winters