For Your Consideration on the May 3, 2021 Cambridge City Council meeting agenda
Here are the things I found interesting, alarming, or downright absurd this week:
Manager’s Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to a COVID-19 update.
Placed on File 9-0
Communications & Reports #3. A communication was received from Mayor Sumbul Siddiqui, transmitting questions for the COVID-19 update.
Placed on File 9-0
It was a pleasure going for a walk this weekend without the mask (except when in close proximity with other people). Let’s hope that things continue on the road to normalcy (or at least close to normal).
Manager’s Agenda #3. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of The Port Infrastructure Project Working Group, effective May 3, 2021 for a period of 12-15 months.
Placed on File 9-0
Manager’s Agenda #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-25, regarding a report on monitoring drought conditions and an update on demand projections.
Placed on File 9-0
Manager’s Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-66, regarding a report on establishing a Black and Brown-Owned Business Task Force.
Placed on File 9-0
Manager’s Agenda #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to the FY2022 submitted budget and appropriation orders. [FY2022 Summaries] [FY2022 Budget Book]
Referred to Finance Committee 9-0
I like to track how the budgets of the various City departments change from year to year and in the long term. Here’s a chart showing the one-year and two-year changes as well as the 17-year changes.
The big jumps upward this year are for the Law Department (up 23.4% in one year and 38.6% over two years), the Executive Department, i.e. the City Manager’s Office (up 14.3% in one year and 28.8% over two years), and the Animal Commission (up 12.4% in one year but just 0.9% over two years). It is notable that the Mayor’s Office budget dropped 15.3% from the previous year. The overall proposed budget is up 4.7% from the previous year and 10.5% from two years earlier.
It’s not so easy to ascertain from just the summaries how the Covid-19 pandemic expressed itself in the FY22 Budget, but perhaps that will become more clear when information about positions purposely left unfilled is known. There will also be $83.9 million in Loan Authorizations for Capital Projects that will appear on next week’s agenda.
Charter Right #1. 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. [CHARTER RIGHT EXERCISED BY COUNCILLOR SIMMONS IN COUNCIL APR 26, 2021] [Order #3 of Apr 26, 2021]
Order Adopted as Amended 9-0
As I said last week: “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 #6. That the City Manager be and hereby is requested to confer with the Community Development Department, the Affordable Housing Trust, and other relevant City departments to provide options to update the HomeBridge and Affordable Home Ownership Programs to better align with the City’s values, and promote racial equity and socioeconomic justice. Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan
Order Adopted as Amended 9-0
See above. The Housing Division of the City’s Community Development Department is so addicted to control of the city’s housing stock that it’s doubtful they’ll ever shift their priorities toward actual home ownership and economic equity. The Cambridge municipal view of “socioeconomic justice” generally involves some form of government control and limited or nonexistent equity.
Charter Right #2. 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. [CHARTER RIGHT EXERCISED BY COUNCILLOR SIMMONS IN COUNCIL APR 26, 2021] [Order #5 of Apr 26, 2021]
Order Adopted as Amended by (McGovern) Substitution 8-1 (Zondervan – NO)
See my comments from last week on this item. To repeat: “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.”
On the Table #4. 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. [TABLED IN COUNCIL APR 26, 2021] [Amended Order #8 of Apr 12, 2021]
Adopted as Amended 7-2 (Simmons, Toomey – NO)
On the Table #5. 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. [TABLED IN COUNCIL APR 26, 2021] [Late Communication of Apr 26, 2021]
Placed on File 9-0
My comments from last week, including in the aftermath of the Late Communication from City Solicitor Nancy Glowa (who was simply stating facts and not "defending her turf" as some have described her comments): “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.”
Ms. Glowa’s well-researched and informative communication includes the following: “However, it is not possible, legally or ethically, to provide independent legal counsel to the City Council that would not be under the direction of and reporting to the City Solicitor for the reasons set forth above. It could lead to "dualling lawyers", representing different components of the same client – the City of Cambridge – a situation which “creates a serious potential for confusion and contradiction in the direction of the City’s litigation, as well as the potential for disruption of the City’s business in the event that the advice rendered differs between each attorney.”
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 April 26 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.
Unfinished Business #7. 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] [Text as Amended on Apr 26, 2021]
Ordained as Amended 6-0-0-3 (Mallon, Simmons, Toomey – PRESENT)
Though the Planning Board voted 8-1 against this petition as originally drafted, our compulsively prescriptive City Council will likely ordain this by a comfortable margin.
Order #1. That the City Manager be and hereby is requested to ensure that additional funding for Housing Stability shall be made available throughout FY22 if the City Council advises that the need is present. Councillor Simmons, Councillor McGovern, Mayor Siddiqui
Order Adopted as Amended 9-0
Order #3. That the City Manager be and is hereby requested to work with Community Development and Traffic, Parking and Transportation to include an EV requirement in their review of development projects, including that a minimum of 25% of all parking spaces shall be EVSE-Installed, meaning a parking space equipped with functioning Level 2 Chargers, or the equivalent thereof must be provided, and that all parking spaces be EV-ready, meaning raceway to every parking space, adequate space in the electrical panel, and space for additional transformer capacity; the City approved EV Requirement Equivalent Calculator must be used if chargers other than Level 2 Chargers are installed. Councillor Nolan, Mayor Siddiqui, Councillor Carlone
Order Adopted 9-0
There is little doubt that with electric vehicles becoming more common there will have to be a lot more rethinking about how "filling stations" give way to "charging stations". Even with the best of new battery technologies it’s unlikely that the time needed to charge up an electric vehicle will ever be close to the time it takes to fill up the gas tank. It’s not hard to imagine a future where charging is widely available in most garages, but it’s not nearly so easy to imagine how cars parked on the street will routinely access the necessary charging. I imagine long road trips will also have to be reimagined to allow time and the means for charging. All this makes me think of a relevant song by Phil Ochs.
Order #5. That the Cambridge City Council goes on record in support of the Bathroom Bill of Rights being sponsored by Free to Flush. Councillor McGovern, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Zondervan
Order Adopted 9-0
I wonder if this Bathroom Bill of Rights will encompass the right to deal and inject drugs or provide sexual services like the toilet now parked on City Hall property on the Inman Street side. The red indicator on the door used to mean "occupied" but now means "open for business."
Order #7. Free The Vaccine Resolution. Councillor Zondervan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Nolan
Order Adopted 9-0
I believe resolution of this is already happening even without a Cambridge City Council resolution.
Order #8. That the City Manager be and is hereby requested to work with the Traffic, Parking and Transportation Department to apply for the Shared Streets and Spaces Grant Program and if grants are received to work with the community before implementation of a program. Councillor Nolan, Councillor McGovern, Councillor Sobrinho-Wheeler, Vice Mayor Mallon
Order Adopted as Amended 9-0
It’s nice that the Cambridge City Council recognizes some of the adaptation and success that has come about thanks to the initiative of the Central Square BID in cooperation with the City administration, but I don’t really know what role, if any, the City Council has played in any of this other than the photo ops.
Order #9. That the Cambridge City Council go on record standing in solidarity with the MNA nurses campaigning for fair contract negotiations with Cambridge Health Alliance. Councillor Sobrinho-Wheeler, Councillor Zondervan, Councillor McGovern
Order Adopted 9-0
Committee Report #1. The Ordinance Committee met on Dec 9, 2021 to conduct a public hearing on the Cannabis Delivery-Only Zoning Ordinance petition.
Report Accepted, Placed on File, Order Adopted 9-0
It’s all about the money – and picking the winners.
Communications & Reports #2. A communication was received from Mayor Sumbul Siddiqui, transmitting charter assessment: review and reform. [2nd Memo provided late]
Placed on File 9-0
Rarely have I seen a more vacuous communication as this. It refers to the attached memo that supposedly contains “an overview of the individual discussions with each Council member, recommendations and alternatives for the Council to consider, and potential next steps for this process.” There was no attachment other than a link to the previous memo from nearly 7 weeks earlier. It’s pretty clear that conversations on this topic have been happening but only in this Council’s characteristic lack of transparency. – Robert Winters