Monday Night Live – Featured Items from the April 26, 2021 Cambridge City Council Agenda
Here you go:
Manager’s Agenda #12. A communication transmitted from Louis A. DePasquale, City Manager, relative to an update on the COVID-19 vaccination rollout.
Placed on File 8-0-1 (Simmons ABSENT)
Communications & Reports #2. A communication was received from Mayor Sumbul Siddiqui, transmitting questions for the COVID-19 update.
Placed on File 8-0-1 (Simmons ABSENT)
Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-16, regarding creating a Commercial Composting Pilot program. [Report from DPW]
Placed on File 9-0
Manager’s Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to proposed amendment to Section 8.66 of the Municipal Ordinance related to Tree Protection and related Orders. [attachment A][attachment B][attachment C][attachment D]
Orders Adopted 8-1 (Toomey – NO) to (1) pass the amendment through all stages of legislation in one
session pursuant to City Council Rule 20, and (2) to extend the temporary moratorium to June 30, 2021.
Another Ordinance Committee meeting is scheduled for this Wed, Apr 28 to take care of any remaining details prior to ordination. It is my understanding that even though the current proposal calls for permits for removal of "Significant Trees" even on small lots, there is at least some recognition that exceptions should be made re: mitigation – e.g. dead and dangerous trees, exceptional circumstances, etc. I just hope that if a homeowner has a sensible plan there won’t be any burdensome costs imposed or other punitive actions. Homeowners should have a right to make reasonable choices without government intervention.
It’s worth noting that developers of subsidized housing projects can do whatever they damn well please.
Manager’s Agenda #11. A communication transmitted from Louis A. DePasquale, City 
Manager, relative to follow up materials relative to the Green Roofs Zoning Petition. [Report]
Referred to Petition 9-0
Unfinished Business #4. A Zoning Petition has been received from Amy Oliver, regarding that the City require the installation of GREEN ROOFS vegetated or BioSolar on future construction and significant rehab of buildings that are 20,000 square feet and larger. [PASSED TO A SECOND READING IN COUNCIL APR 12, 2021 TO BE ORDAINED ON OR AFTER APR 26, 2021]
Amended and left on Unfinished Business for another week
This will likely have the votes necessary for ordination either this week or next week. Debate continues on whether an all-solar option should be allowed. This proposal would only apply to new construction with gross floor area in excess of 25,000 sq ft.. It was a bit chilling, however, to hear one city councillor suggest that this should apply to a roof as small as 1,000 sq ft even for renovations. While I think it would be great if homeowners were willing to do such a roof treatment, it is likely that maintaining a "green roof" (as opposed to some solar panels) would be neither simple nor inexpensive. Anyone who has ever had to diagnose and correct a roof leak will understand this.
It’s worth noting that developers of subsidized housing projects can do whatever they damn well please.
Charter Right #1. That the City Council shall have its own budget for outside legal research to be utilized at the discretion of the Council when designated by a majority of members in pursuance of the Council’s authority to exercise the legislative powers of the City as specified in the City charter. [CHARTER RIGHT EXERCISED BY COUNCILLOR SIMMONS IN COUNCIL APR 12, 2021]
Amended 9-0; Tabled 5-4 (DC,AM,MM,DS,TT – YES; PN,JSW,QZ,SS – NO)
LATE COMMUNICATION
Communications & Reports #3. A communication was received from City Solicitor, Nancy E. Glowa, transmitting Legal Opinion Regarding Request to Have Legal Resources Committed to Assist City Council with Legal Research and Drafting of Ordinances Pursuant to Orders Voted Upon in Public at Scheduled City Council Meetings. [original]
Tabled 5-4 (DC,AM,MM,DS,TT – YES; PN,JSW,QZ,SS – NO)
To repeat: “If this were to happen there is no doubt whatsoever that we would soon see five councillors hand-picking their own lawyer who would then be pitted against the City Solicitor – a recipe for chaos. Furthermore, the City Council is under no obligation to abide by the legal advice of the City Solicitor – though that would generally be a rather poor choice.”
In addition to this Late Communication, the City Solicitor forcefully reminded the City Council of the potential jeopardy of proceeding with the Order as originally written. Specifically, Section 107 of the Plan E Charter (which is part of the Mass. General Laws) states that “Neither the city council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in that portion of the service of said city for whose administration the city manager is responsible. Except for the purpose of inquiry, the city council and its members shall deal with that portion of the service of the city as aforesaid solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately. Any member of the city council who violates, or participates in the violation of, any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both, and upon final conviction thereof his office in the city council shall thereby be vacated and he shall never again be eligible for any office or position, elective or otherwise, in the service of the city.
After the meeting Councillor Sobrinho-Wheeler opined that this section of the Charter was only meant to prevent a councillor from forcing the firing of a City employee. That is a woefully incorrect reading of this clause. Some councillors appeared to be mock-offended at the suggestion of jail time, but it should be obvious to anyone who can read that the greater penalty would be removal from office and the prohibition from ever seeking that office again.
Order #1. Divestment from Fossil Fuels and Private Prisons. Councillor Nolan, Mayor Siddiqui, Councillor Carlone, Councillor Zondervan
Adopted as Amended 9-0
It’s not so clear that the City of Cambridge has ever invested in either fossil fuels or private prisons. This Order seems to be directed more toward investment choices of the Cambridge Retirement Board. Though I’m sure such advice should be seriously considered, it’s not at all clear whether the City Council should be directing how the Cambridge Retirement Board invests funds for current and future retired City employees.
Order #3. That the City Manager is requested to present a plan to the City Council to increase the affordable homeownership stock over the next 10 years by financing the construction of affordable homeownership units through a bond issue of no less than $500 million. Councillor Zondervan, Councillor Simmons
Charter Right – Simmons
I think it’s a great idea to encourage and even facilitate homeownership – especially for those who have lived in Cambridge for a long time or possibly their entire lives. Of course in Cambridge-speak, the phrase “affordable homeownership” doesn’t just mean facilitating the purchase of a home. There are always strings attached with “social housing,” and ultimately a “homeowner” could never actually build up any significant equity in the property. For many prospective homeowners, looking elsewhere would still likely be the better long-term option. A program I could definitely warm up to would be one involving loan guarantees to assist prospective homeowners seeking to buy housing in the big wide housing world with fewer strings attached.
Order #5. That the City Manager is requested to work with the Cambridge Police Department to present a plan to the City Council for demilitarization, including the destruction and recycling of all rifles and shotguns, and elimination of the Lenco Bearcat. Councillor Zondervan
Charter Right – Simmons
When I read an Order like this, my mind immediately drifts back to that day some years ago when the President of the United States and the President of China made a visit to Sanders Theater/Memorial Hall at Harvard. There were thousands of people lining the streets and the security was impressive – with one exception. I was able to step out onto a roof overlooking the motorcade with a direct line of sight from four stories up (think Texas Book Depository). A few minutes later a swarm of police rushed up to that rooftop to very politely escort me and another person from this roof that they previously had no idea was accessible. Worry not, there were snipers who would have prevented any bad intentions on my part.
The reason this little adventure comes to mind is that I don’t believe most city councillors ever consider the really exceptional circumstances where greater security is needed. They see only situations where people engaged in protests are offended by “the optics” of large vehicles, weapons, and extra defensive gear. It’s a great luxury (and privilege) to never have to consider the exceptional circumstances.
Order #7. That the City Manager is requested to confer with the Director of Personnel and the Law Department on updating the City of Cambridge’s Parental Leave Policy for City of Cambridge employees. Mayor Siddiqui, Councillor Carlone, Councillor Nolan, Councillor Simmons
Order Adopted 9-0
Committee Report #1. The Housing Committee will conduct a public hearing to receive updates from the Community Development Department, the Cambridge Housing Authority, Homeowners Rehab, Inc., and Just-A-Start on the work they are currently engaged in, and the impact of the continuing Covid-19 pandemic upon their operations.
Accept Report, Placed on File 9-0
Communications & Reports #1. A communication was received from Mayor Siddiqui, communicating information from the School Committee.
Placed on File 9-0
Lots of informative reading for your civic pleasure. – Robert Winters
And don’t forget about these:
Wed, Apr 28
5:30pm The City Council’s Ordinance Committee will conduct a public hearing on the proposed amendments to the Tree Protection Ordinance. (Sullivan Chamber – Televised)
Thurs, Apr 29
5:30pm The City Council’s Ordinance Committee will conduct a public hearing on the Broad Canal Zoning Petition. (Sullivan Chamber – Televised)