Cambridge Civic Journal Forum

June 28, 2021

Campaign Trailhead and Summer Vacation – June 28, 2021 Cambridge City Council meeting

Filed under: Cambridge,City Council — Tags: , , , , , , , , , , , — Robert Winters @ 8:31 am

Campaign Trailhead and Summer Vacation – June 28, 2021 Cambridge City Council meeting

This is the last City Council meeting until the Midsummer meeting in August and then again in September. These are the days when councillors are setting the table for their respective political sales pitches with an eye toward the November municipal election. Here are the items that seem most notable:

Note: Even though City Hall is open, only 4 councillors (Toomey, Siddiqui, Nolan, Carlone) bothered to actually show up while the other 5 continued to call in from the privacy of their own homes. I went there just to reacquaint myself with the surroundings.

Public comment seems to be dominated by people who want to sell dope and want to have money funneled their way via City ordinance. It’s also worth noting that this meeting was not accessible via the Open Meeting Portal nor via the new streaming video link. I was only able to access the meeting via Zoom. It is somewhat bewildering how we can never seem to master our chosen technologies.On Vacation

Manager’s Agenda #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-41, regarding a report on closing Mass Ave from Prospect Street to Sydney Street on Friday and Saturday evenings.
Charter Right – McGovern

While we may respect the intention of the Order that led to this report, there are significant reasons for not routinely shutting down this important thoroughfare. It’s also not necessary since so much of the action is on the sidewalks and places of business. That said, we really should revive something like the Central Square World’s Fair and host a few really signature events each year in Central Square. It really is the most happening place in Cambridge.

Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to recommendation from the Planning Board and communication from Community Development Department and Law Department staff related to the Cannabis Delivery Zoning Petition. [Law Dept. memo] [recommended amended text of petition]
Placed on File 9-0

Unfinished Business #7. ORDINANCE 2021-8 Cannabis Delivery Zoning Amendments. [PASSED TO A SECOND READING ON JUNE 14, 2021; TO BE ORDAINED ON OR AFTER JUNE 28, 2021]
Amended 8-0-1 as proposed in Mgr #8 (Toomey PRESENT); Ordained 8-0-1 (Toomey PRESENT)

Order #11. That the Chairs of the Ordinance Committee convene a hearing on amending the Cannabis Business Permitting Ordinance to extend the preference period.   Councillor Zondervan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Carlone
Order Adopted as Amended 9-0

While I can certainly respect the notion of affirmatively acting to give some disadvantaged people a leg up in economic opportunities, there does come a point where you cross over into the realm of political patronage and we may now be crossing that line. I will add that we may very soon see at least four cannabis retailers in Central Square in addition to any “cannabis courier establishments.” Meanwhile, Graffiti Alley, the parking lots, the sidewalks of Central Square, and even the public toilets continue to see a thriving environment for drug sales – cannabis and otherwise.

Charter Right #1. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $65,019,211, received from the U.S. Department of Treasury through the new Coronavirus Local Fiscal Recovery Fund (CLFRF) established by the American Rescue Plan Act (ARPA), to the Grant Fund Finance Department Other Ordinary Maintenance account which will be used to. [CHARTER RIGHT EXERCISED BY COUNCILLOR ZONDERVAN IN COUNCIL JUNE 21, 2021]
Sobrinho-Wheeler Motion to Table Fails 2-7 (JSW,QZ – YES); Order Adopted 9-0; Reconsideration Fails 0-9

The Manager’s report on this topic last week was very informative, and also served as a reminder of just how much effort and money was expended during this pandemic on the essential services need to get through this dark tunnel. I seriously hope the Council rhetoric doesn’t devolve into wish lists and giveaways. I will be far more interested to see if forthcoming federal infrastructure legislation can somehow tip the balance to turn some desirable projects from infeasible to not only feasible but recommended, and that includes things like bridges connecting the Alewife Triangle and Quadrangle and other desirable connections. We should have some "shovel ready" plans in place in order to take advantage of any federal funds for such permanent improvements. Let the pandemic relief and recovery money go to pandemic relief and recovery.

Charter Right #2. That the City Manager is requested to direct the appropriate City staff to determine the feasibility of establishing a pilot reparations program that would take a to-be-determined percentage of revenue from local cannabis sales and distribute these monies to local Black-owned businesses and to economic empowerment applicants. [CHARTER RIGHT EXERCISED BY COUNCILLOR ZONDERVAN IN COUNCIL JUNE 21, 2021]
Tabled 9-0 (Simmons)

Please note that this proposal is characterized as a “pilot reparations programs” which suggests that there will be more proposals to come. I absolutely agree with the idea of economic empowerment and providing strategic advantages, but I absolutely disagree with the concept of reparations.

Charter Right #3. That the City Council go on record in favor of filing of the attached Home Rule Petition entitled: AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO INCLUDE A BALLOT QUESTION ON THE NOVEMBER 2, 2021 MUNICIPAL BALLOT RELATIVE TO THE HOME RULE CHARTER. [CHARTER RIGHT EXERCISED BY COUNCILLOR TOOMEY IN COUNCIL JUNE 21, 2021]
Late Amendments unseen by the public Approved 8-1 (Toomey – NO); Order Approved as Amended 8-1 (Toomey – NO); Reconsideration Fails 0-9
Apparently, there will be one track that asks Attorney General to opine on legality, then straight to municipal ballot; other track is Home Rule petition to state legislature.

There were only two extremely-low attendance Zoom meetings on this topic, and the proposal to hand over the authority to approve all appointments to City boards and commissions is nothing more than a power grab guaranteed to politicize all City boards and destroy any possibility of proportionality in the membership of those boards. This would be a major structural change with not only unintended consequences but, more fundamentally, intentional consequences. In short, if five city councillors want to have the Planning Board or any other board be 100% compliant with their point of view (or their endorsing organization’s point of view) – even if the appointees have no other qualifications – they will be able to do so if this proposed change is approved. The other two proposed changes are benign – requiring an annual review of the City Manager’s performance and a review of the Charter every decade (unless 5 city councillor can completely control who participates in the charter review – see above).

Unfinished Business #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to proposed amendments to the Tree Protection Ordinance. [PASS TO A SECOND READING ON JUNE 14, 2021; TO BE ORDAINED ON OR AFTER JUNE 28, 2021]
Amended 8-0-0-1 (Toomey – PRESENT)
Ordained as Amended 7-1-0-1 (Toomey – NO; Simmons – PRESENT)

Order #1. That the Zoning Ordinance of the City of Cambridge be amended to insert a new row in section 4.31 “Residential Uses” regarding the service of post-operative care for a dog.   Councillor McGovern, Vice Mayor Mallon
Referred to Ordinance Committee & Planning Board 9-0
Reconsidered 9-0; Adopted as Amended by Substitution 9-0

This is an example of what the City Council actually should be doing, i.e. recognizing a problem and fixing it – no ideology required. There apparently was a recent BZA case where it was decided that providing care for the pet of a friend was a technical zoning violation. This zoning amendment is intended to remedy that zoning malady.

Order #2. City Council support of HD.3403 and SD.2340, An Act Relative to Fare Free Buses.   Vice Mayor Mallon, Mayor Siddiqui, Councillor Sobrinho-Wheeler
Order Adopted 9-0

Order #3. City Council support of the Cambridge Transit Advisory Committee’s suggested configuration for the #47 Bus.   Vice Mayor Mallon, Councillor Sobrinho-Wheeler
Order Adopted 9-0

Order #4. City Council endorsement of the Agassiz Neighborhood name being changed to the Baldwin Neighborhood in honor of Maria L. Baldwin.   Councillor Simmons, Mayor Siddiqui
Charter Right – Nolan

Order #5. That the City Manager is requested to confer with the Personnel Department, and other relevant City departments to examine and implement a flexible, permanent remote work policy for City employees who can perform their tasks remotely.   Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan
Order Adopted 8-0-1 (Toomey ABSENT)

I agree completely that there should be continued flexibility for some City workers, but I see no reason whatsoever at this point for city councillors not showing up in person at City Council meetings.

Order #6. That the City Manager is requested to work with the DPW and the family to install a suitable memorial in a meaningful location, including a new tree planting, to honor the life of Luca Gibson.   Councillor Zondervan, Mayor Siddiqui
Order Adopted 9-0

Order #7. That the City Manager is requested to instruct the City Solicitor to prepare an ordinance which allows individual condominium owners the ability to obtain a City construction permit to repair known structural and other safety violations even without a majority of the building’s condominium owners’ vote of approval.   Councillor Carlone, Mayor Siddiqui, Councillor Nolan, Councillor Sobrinho-Wheeler
Order Adopted 8-0-0-1 (McGovern PRESENT)

This would open some interesting legal cans of worms. Even more fundamentally, the transition over the last 40 years from individual ownership of whole properties to condominium ownership has produced more than a few unintended consequences and long-term maintenance issues that could use a fresh look. Unilateral action by one condo owner leading to assessments for all owners may not be the best or even the legal solution.

Order #8. That the City Manager is requested to work with the Finance and Personnel Departments to examine stipend models for the City’s multi-member bodies.   Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Mayor Siddiqui, Councillor Zondervan
Order Adopted 9-0

I suppose that examining the issue is harmless, but I still cannot warm up to the idea of paying members of boards and commissions. I would rather see a change in culture that rewards constructive civic participation in other ways. Former Mayor David Maher understood this and hosted events thanking residents who volunteer to serve on City boards and commissions. Covid notwithstanding, it’s a shame that subsequent mayors failed to see the value in such recognition. This isn’t all about money.

Order #10. That the City Manager is requested to confer with the Law Department, Cambridge Development Department, and the City Manager’s Housing Liaison to discuss and advise on a condominium conversion ordinance.   Mayor Siddiqui, Vice Mayor Mallon, Councillor Simmons, Councillor Sobrinho-Wheeler
Order Adopted; Referred to Law Department and to Housing Committee 7-1-0-1 (Toomey – NO; McGovern – PRESENT)

Those horses left the barn 25 years ago and much of the city’s multi-family stock has already been converted (and with it one of the most time-tested routes to middle class stability). This is just a political attention-getting move now.

Committee Report #1. The Neighborhood and Long-Term Planning, Public Facilities, Arts and Celebrations Committee and the Housing Committee conducted a joint hearing on Wed, Feb 17, 2021 to discuss the elimination of single and two-family only zoning and restrictions on the type of housing that can be built city-wide.
Report Accepted, Placed on File 9-0

This is the kind of actual conversation that we should be having – as opposed to intense densification proposals like the so-called "Missing Middle" petition that will soon be expiring and could potentially be reintroduced (likely an even worse iteration). There are strong arguments in favor of liberalizing zoning to allow multi-family homes in all residential zones, and it is also reasonable to review the allowable densities every once in a while without necessarily opening the floodgates to demolition and redevelopment in places that are now functioning well. Cambridge has an interesting brand of density that works in its own curious ways in most neighborhoods, but it also has a variety of densities that provide choices for people with different needs and preferences. We need a little more Jane Jacobs and a little less Robert Moses. Perhaps most of all we need to have local zoning ordinances that allow reasonable people to do reasonable things.

Communications & Reports #2. A communication was received from Anthony Wilson, City Clerk, transmitting information regarding the Early Voting Home Rule Legislation.
Modified Home Rule Petition Re-Filed 9-0; Report Placed on File 9-0

This matter has been on the City Council Calendar for ages and may even become obsolete depending on what the state legislature finally decides regarding permanently establishing such things as "no excuse absentee voting," ballot dropboxes, and other accommodations. The City Clerk has readied this for re-filing the Home Rule petition, but I’m not so sure that this will be necessary or even advisable at this point. I also would not want to burden the Election Commission staff unnecessarily if there are other perfectly good alternatives. – Robert Winters

June 21, 2021

Chartering a Course to Nowhere – Featured Items on the June 21, 2021 Cambridge City Council Agenda

Filed under: Cambridge,City Council — Tags: , , , , , , , , , — Robert Winters @ 2:20 pm

Chartering a Course to Nowhere – Featured Items on the June 21, 2021 Cambridge City Council Agenda

SS MinnowAs we wend our way to a summer without masks, with more fun, and with (hopefully) less Zoom, we are also fast approaching the day (July 1) when municipal election candidates may pick up nomination papers and start collecting signatures in their quest to represent or misrepresent the citizens of Cambridge. Meanwhile, up at the virtual Sullivan Chamber (could you bozos PLEASE get off Zoom and start meeting in person?) there are these items up for consideration on the summer solstice:

Manager’s Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to an update on COVID-19 vaccination rollout.
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

Unfinished Business #5. Amending City Council Rules for Remote Participation. [ADOPTED IN COUNCIL JUNE 14, 2021; MUST BE ADOPTED AGAIN IN COUNCIL JUNE 21, 2021 PURSUANT OF RULE 36B]
Adopted 9-0

Permitting remote public comment is a good thing, but not if it’s just script-reading orchestrated via social media. As for councillors meeting remotely, if you’re physically able to show up you should show up.

Manager’s Agenda #3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $1,000,000 from Free Cash, to the Public Investment Fund School Department Extraordinary Expenditures account to conduct a comprehensive review and assessment of our older elementary school buildings in the City.
Order Adopted 8-0-1 (JSW – Absent)

Manager’s Agenda #6. Transmitting Communication from Louis A. DePasquale, City Manager, relative to a request for authorization of a spending limit of $1,900,000 for Fiscal Year 2022, for the Renewable Energy and Greenhouse Gas (GHG) Reduction revolving fund (Revolving Fund), pursuant to Chapter 3.24 of the Municipal Ordinance titled “Departmental Revolving Funds”.
Order Adopted 9-0

Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-37, regarding renaming the Central Square Library. [June 21, 2021 Law Department response]
Placed on File 9-0

Essentially, the authority to rename a City library building rests with the Library Board of Trustees appointed by the City Manager and ultimately with the City Manager. The City Council Order has been heard and Library officials and the City Manager will now establish a task force to determine how best to proceed.

Order #4. That the City Manager is requested to work with all appropriate City Departments to issue a second RFP that will work in conjunction with the current RFP, to assess the feasibility of building housing above the Central Square Library, and this RFP should include information on funding possibilities.   Councillor McGovern, Vice Mayor Mallon, Councillor Simmons, Mayor Siddiqui
Adopted as Amended 9-0

This is rapidly turning into a competition for who can propose the largest changes for the Central Square library at the greatest cost. One councillor last week even proposed a 19-story subsidized housing project for the site. Another suggested eliminating the Green Street Garage completely based on the belief that cars will soon be disappearing.

Communications & Reports #1. A communication was received from Mayor Siddiqui and Councillor Simmons transmitting information about the community process for changing the name of Agassiz / Neighborhood 8. [Agassiz neighborhood Council letter]
Accept Report, Placed on File 9-0

Growing up in New York City, all of the public elementary schools and junior high schools had numbers instead of names. They also had names (I think), but nobody used those names and most people didn’t even know those names. It wasn’t until high school that your school had an actual name (like Flushing High School, in my case). Looking back, maybe this wasn’t such a bad system – just like identifying Cambridge neighborhoods by the numbers on that ~1950 map drawn up by Mark Fortune and the Planning Department staff at that time. A rose is a rose is a rose. If the residents in the currently-named Agassiz neighborhood want to make a change, so be it. The name of my Mid-Cambridge neighborhood will likely stand thanks to its lack of reference to any real person. Then again, perhaps Mark Fortune had a friend names Jonathan MidCambridge who hopefully didn’t harbor any dreadful theories.

Manager’s Agenda #10. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $65,019,211, received from the U.S. Department of Treasury through the new Coronavirus Local Fiscal Recovery Fund (CLFRF) established by the American Rescue Plan Act (ARPA), to the Grant Fund Finance Department Other Ordinary Maintenance account which will be used to ……
Charter Right – Zondervan

As the Manager says, “Funds are intended to: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control; • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs; • Support immediate economic stabilization for households and businesses; and • Address systematic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations.”

I’m sure this won’t stop councillors from proposing all sorts of ways to break into this newfound piggy bank.

Unfinished Business #4. Live Acoustic Entertainment Ordinance. [PASSED TO SECOND READING IN COUNCIL JUNE 7, 2021; TO BE ORDAINED ON OR AFTER JUNE 21, 2021]
Ordained as Amended 9-0

This is pretty much guaranteed to be ordained, and that’s probably a good thing – even though no thought whatsoever has been paid to possible unintended consequences.

Order #1. That the City Manager is requested to direct the appropriate City staff to determine the feasibility of establishing a pilot reparations program that would take a to-be-determined percentage of revenue from local cannabis sales and distribute these monies to local Black-owned businesses and to economic empowerment applicants.   Councillor Simmons, Councillor Nolan
Charter Right – Zondervan

I suspect this violates state law, but even if it doesn’t explicitly violate state law it’s still a dreadful road to follow when you begin earmarking revenue based on race.

Order #2. That the City Council go on record in favor of filing of the attached Home Rule Petition entitled: AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO INCLUDE A BALLOT QUESTION ON THE NOVEMBER 2, 2021 MUNICIPAL BALLOT RELATIVE TO THE HOME RULE CHARTER.   Councillor Nolan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Carlone
Charter Right – Toomey

I seriously hope one of the councillors exercises his or her Charter Right to delay this. There were only two extremely-low attendance Zoom meetings on this topic, and the proposal to hand over the authority to approve all appointments to City boards and commissions is nothing more than a power grab guaranteed to politicize all City boards and destroy any possibility of proportionality in the membership of those boards. In short, if five city councillors want to have the Planning Board or any other board be 100% compliant with their point of view (or their endorsing organization’s point of view) they will be able to do so if this proposed change is approved. The other two proposed changes are benign – requiring an annual review of the City Manager’s performance and a review of the Charter every decade (unless 5 city councillor can completely control who participates in the charter review – see above).

Committee Report #1. The Ordinance Committee met on Mar 10, 2021 to continue discussion on the Real Estate Transfer Fee Home Rule Petition.
Accept Report; Placed on File; Order Adopted as Amended 9-0

The endless quest continues to raise more revenue without any regard to potential impacts. I seriously hope there are enough people in the state legislature who have the capacity to assess the cumulative effect of all these proposals, but I’m not so sure that this is the case. – Robert Winters

June 4, 2021

Solicited and Unsolicited Advice – June 7, 2021 Cambridge City Council meeting

Filed under: Cambridge,City Council,covid — Tags: , , , , , , , , — Robert Winters @ 4:25 pm

Solicited and Unsolicited Advice – June 7, 2021 Cambridge City Council meeting

There are a number of interesting items on this week’s agenda – especially the legal analysis of City Solicitor Nancy Glowa on a number of topics.City Hall

Manager’s Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to an update on the COVID-19 vaccination rollout.
Placed on File 9-0

Manager’s Agenda #2. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-39, regarding the status of the Gold Star Mothers Pool opening plans for the June through September summer season of 2021.
Placed on File 9-0

Communications & Reports #4. A communication was received from Mayor Sumbul Siddiqui, transmitting questions for the COVID-19 Update.
Placed on File 9-0

Resolution #9. Thank You Claude A. Jacob.   Mayor Siddiqui
Tabled 9-0

Manager’s Agenda #11. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-23, regarding a report on permanently extending remote participation in City Council and board and commission meetings.
Placed on File 9-0

I’m really looking forward to the day when Covid updates are relegated to history rather than daily updates. I’m also eagerly looking forward to the day when City Hall, the City Hall Annex, the libraries, and all other City buildings are fully reopened. The justification for keeping them closed is rapidly fading, and when the Governor’s emergency declaration expires on June 15 (or another date if the state legislature approves an extension) there will be no legal basis for denying public access.

As for the matter of the continuation of remote access to public meetings, please read the opinion of the City Solicitor in Mgr’s Agenda #11. In my opinion, we should return forthwith to in-person meetings with the option of remote access for Cambridge residents and invited guests. Elected officials and City staff should no longer be "phoning it in" unless they are physically unable to attend in person.

Manager’s Agenda #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to a summary of a Planning Board Meeting on the 2020 Town-Gown Reports and Presentations.
Placed on File 9-0

Manager’s Agenda #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to new appointments and reappointment of members of the Harvard Square Advisory Committee.
Placed on File 9-0

Manager’s Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation not to adopt the Missing Middle Housing (Fuller, et al.) Zoning Petition.
Refer to Petition 9-0

Order #6. That City Manager be and is hereby requested work with the Law Department to provide an analysis of what impact the recently enacted state Housing Choices law has on the Missing Middle Housing Zoning petition.   Councillor Sobrinho-Wheeler, Councillor Simmons, Vice Mayor Mallon
Refer to Petition 9-0

I stand by my well-considered opinion that this is a terrible petition that has only grown worse as amendments to the proposal have been introduced in order to garner political support. At this point its passage has more to do with the fealty of some elected officials to the “A Better Cambridge” group than in doing what is best for the city and its residents. There is certainly a reasonable case to be made for allowing multi-family housing to be built in all residential zones and relaxing some parking requirements (especially near transit), but that is not what this zoning proposal is primarily about. It also has nothing to do with addressing any historical remnants having to do with race – in spite of the purposefully misleading rhetoric of the proponents. This is a proposal for dramatically increasing residential density – and not just in areas that currently have lower densities.

Many of us feel that Cambridge is already a relatively dense city – in fact, one of the most dense in the country – and that this proposal has more to do with creating development opportunities than it has to do with either housing affordability or good urban planning. There is also an element of hubris implicit in this petition, i.e. the notion that Cambridge can unilaterally address housing supply issues that properly must be addressed at a regional level and with modifications to the regional transportation system. There are opportunities for transit-oriented residential development that can and should be considered, but that is not part of this proposal. Perhaps the most telling comment was stated by one of the letter-writing proponents on a personal web page, “I am creating a better strategy for investments. I own multiple units in upstate NY, Rhode Island and Ohio. I currently reside in Massachusetts and am trying to find a few deals here.” Enough said.

It is interesting that Councillors Sobrinho-Wheeler, Simmons, and Mallon are so concerned about how many votes will be minimally required to ram this travesty through. Perhaps the time has come to consider how many votes may be needed to elect or replace some councillors this November.

Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-2, regarding the possibility of implementing a Sheltered Market Program, and Awaiting Report Item Number 21-4, regarding conducting a Spending Disparity Study on City Purchasing.
Placed on File 9-0

This is a very interesting legal analysis in spite of the somewhat cryptic "Sheltered Market Program." At issue is the degree to which City purchasing may give advantages to "historically disadvantaged groups" without running afoul of current laws and judicial decisions. It’s not always clear where "doing the right thing" ends and where political patronage begins. The City Solicitor recommends “that the City, in order to determine whether a sheltered market program under G.L. c. 30B, § 18 can be implemented in Cambridge, first conduct a disparity study to review and analyze whether there are present effects of past discrimination for which such a program would be intended to address. If it is determined that a basis exists for the City to implement a sheltered market program following a disparity study, the next step to implement such a program would be for the City to authorize the Purchasing Agent to establish such a program by: (1) a vote of a majority of the City Council; and (2) the approval of the City Manager.”

Manager’s Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request for support for the City of Cambridge to join in the formation of a Boston Cambridge Tourism Destination Marketing District.
Placed on File; Order Adopted 7-0-0-2 (JSW,QZ – PRESENT)

Manager’s Agenda #10. A communication transmitted from Louis A. DePasquale, City Manager, relative to a response regarding the City Council having its own budget for outside legal research.
Placed on File 9-0

The saga continues. I sometimes get the impression that the “bold, progressive change” councillors will simply never accept the notion that whatever they want to do still has to conform to existing laws, and that any opinion to the contrary is met with open hostility. The City’s Law Department has created a mechanism through which most or all of their needs can be met, but perhaps that’s not the real point. The combination of calls for charter change in conjunction with pursuits such as this is really about gathering more power and authority to the local legislative body. In my opinion, this is a wrongheaded quest – and the fact that this is taking place behind the veil of Covid-related limitations to transparency makes it all the worse.

Cambridge PoliceCharter Right #1. Cambridge HEART Proposal. [Charter Right exercised by Councillor Zondervan In Council May 25, 2021]
Approved 8-0-0-1 (Toomey – PRESENT)

Communications #9. A communication was received from Judith Nathans, regarding H.E.A.R.T Proposal and Public Safety Task Force Recommendations.
Placed on File 9-0

The bottom line is that whether ideas and recommendations come from a City-appointed Task Force or as suggestions from a small group of activists, any implementation will still lie with the Police Commissioner and the City Manager – presumably guided by need and best practices and informed by some of the programs that have been successful elsewhere. There is simply no value in casting this matter in terms of a political quest to “Defund the Police” or the absurd notion of “Abolish the Police” either in whole or in specific locations in Cambridge. There is also no value in casting this as a choice between “H.E.A.R.T. proposal vs. Task Force Recommendations.” If there are good ideas that make sense in the context of Cambridge, I would rather put my trust in those who understand public safety and who have proven themselves to be open to creative solutions, e.g. Police Commissioner Branville Bard.

Adopting the Budget

Committee Report #1. A communication was received from Anthony I. Wilson, City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair and Councillor Dennis J. Carlone Chair of the Finance Committee, for public hearings held on May 11, 2021 commencing at 9:00am and May 18, 2021 commencing at 10:00am and on May 19, 2021 commencing at 6:00pm to discuss Fiscal Year 2022 budget.
General Fund Budget of $707,104,105 Approved 7-0-0-2 (JSW,QZ – NO)
Note: Zondervan motion to reduce Police Dept. Budget to $65,000,000 failed 2-7 (JSW,QZ – YES)
Water Fund Budget of $13,016,825 Approved 9-0
Public Investment Fund Budget of $38,610,865 Approved 9-0Coins

Unfinished Business #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $5,000,000 to provide funds for the reconstruction of various City streets and sidewalks. [Passed to a Second Reading In Council May 10, 2021; to be Adopted on or after May 24, 2021]
Order Adopted 9-0

Unfinished Business #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $10,000,000 to provide funds for the Municipal Facilities Improvement Plan. … [Passed to a Second Reading In Council May 10, 2021; to be Adopted on or after May 24, 2021]
Order Adopted 9-0

Unfinished Business #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $1,800,000 to provide funds for various Schools for projects that include: asbestos abatement in various schools, replace the front plaza and failing masonry wing walls and recaulking the building at the Haggerty School, replace emergency generator and extend exhaust at Cambridgeport, recaulking precast panels at CRLS Field House, unit vents engineering at the Fletcher Maynard Academy and Longfellow building and replace the gym floor at the Amigos School. [Passed to a Second Reading In Council May 10, 2021; to be Adopted on or after May 24, 2021]
Order Adopted 9-0

Unfinished Business #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $28,500,000 to provide funds for the construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within River Street and Harvard Square areas as well as the Sewer Capital Repairs Program and climate change preparedness efforts. [Passed to a Second Reading In Council May 10, 2021; to be Adopted on or after May 24, 2021]
Order Adopted 9-0

Communications & Reports #3. A communication was received from Councillor Zondervan, transmitting information on the FY22 police budget.

In most years the Budget Adoption and approval of Loan Orders for major capital projects tends to be rather pro forma with most councillors lavishing praise on all those involved (often well-deserved) and some councillors choosing to take a stand either on principal or simply to gain some political advantage. On the School Department budget, I have to side with Councillor Nolan, in particular, who may have seemed contrarian but was simply pointing out that we often don’t maintain very high standards for our schools and we achieve even less. Expressing disapproval may seem cruel in light of all the Covid-related difficulties of the past year, but even that should not let the School Committee or the School Department off the hook. Personally, I have for a long time felt that the focus of Cambridge schools has been far more about social engineering and indoctrination than about academic excellence. It’s particularly grating to listen to School Committee members who have developed their own dialect of "edu-speak" that allows them to "talk around" just about any matter of substance.

As for the rest of the City budget, I fully expect there to be plenty of grandstanding from the “bold progressive change” crowd on either the Police budget or the IT budget (because of the municipal broadband saga) and maybe a few other items before the Bottom Line comes to a final (presumably successful) vote.

Unfinished Business #9. Zoning Amendments related to Retail and Consumer Service Establishments as amended on May 17, 2021 (Ordinance # 2021-3) [Passed to a Second Reading on May 17, 2021; to be Ordained on or after June 7, 2021]
Ordained 9-0

Unfinished Business #10. Zoning Amendments related to Home Occupations (ORDINANCE #2021-4) [Passed to a Second Reading on May 17, 2021; to be Ordained on or after June 7, 2021]
Ordained 9-0

These could be ordained at this meeting, but I would be lying if I told you that I understood much about the proposed changes or the potential intended or unintended consequences.

Order #5. Live Acoustic Entertainment Ordinance.   Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Councillor McGovern, Councillor Carlone
Passed to 2nd Reading 9-0

This might be OK, but the fact that percussion is considered acoustic and requires no amplification causes me some concern. Then again, the proposal does suggest that any performances must still conform to existing laws, including the Noise Ordinance. That said, I would be happier if the License Commission still had a role in at least reviewing these things and effecting compromises when appropriate. There is also a level of ambiguity in the proposal when it says “within the perimeter of their business.” Does this include outdoor patios? What about the case of relatively loud acoustic performance in a location abutting a residence – possibly where someone is working from home like so many of us are doing these days?

Order #7. That the City Manager and staff be requested to examine car storage policies and discuss potential updates with the City Council at a meeting of the Transportation Committee.   Councillor Sobrinho-Wheeler, Mayor Siddiqui, Councillor Nolan, Councillor Zondervan
Order Adopted 9-0

Regardless of any other merits this proposal may have, let’s at least be aware of the fact that it proposes to eliminate residential and commercial parking minimums citywide and (though it doesn’t explicitly say so) significantly jacking up residential parking permit fees. So if you do choose to own a motor vehicle there will be greater competition for on-street parking and significantly greater expense for the “privilege” of doing so.

Committee Report #2. Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebration Committee – Committee Meeting – May 26, 2021 at 10:00am.
Report Accepted, Placed on File, Order Adopted 9-0

The purpose of the meeting was to consider the reappointment of Conrad Crawford to the Cambridge Redevelopment Authority Board (slam dunk) and to discuss the pilot of street closures in Harvard Square. Street closure discussions in Cambridge are often a witch’s brew of "ban cars" sentiments and creative ideas for improving street life and local retail. The bottom line is that emergency vehicles still need to get through, and it is often the case that when you ban vehicles from one street it becomes just a game of "Whack-A-Mole" when the vehicles simply shift to alternate routes. The Great Exceptions to this are those streets that have been designated (or should be designated) as "woonerfs" – a Dutch term for what is essentially a shared, low volume street. In Cambridge, think Winthrop Street (by Grendel’s Den), Palmer Street (Club Passim), and the yet-to-be made spectacular Blanche Street at the edge of Central Square (which is still just a delivery alley at best). There are some other streets that could be operated as shared streets or ban all but emergency vehicles without creating a cascading vehicular hellscape. Making Palmer Street an interesting street (and not just artsy fartsy) would be a good place to start. Even a hot dog vendor would be a great improvement.

Communications & Reports #1. A communication was received from Mayor Siddiqui, transmitting information about Homelessness Working Group.
Placed on File 9-0

There is no doubt that more is needed in this arena, but these investigations can end up as reports on shelves – and the simple truth is that these are regional problems and when one well-meaning city like Cambridge does things to address these problems it often ends up paradoxically increasing the problems in that city as individuals migrate to where the enhanced services are to be found. For example, when Boston cracks down on Methadone Mile, some of that just relocates to Central Square. – Robert Winters

June 2, 2021

Cambridge InsideOut Episodes 505-506: June 1, 2021

Filed under: 2021 election,Cambridge,Cambridge InsideOut — Tags: , , , , , , , , , , , , , , — Robert Winters @ 3:47 am

Episode 505 – Cambridge InsideOut: June 1, 2021 (Part 1)

This episode was broadcast on June 1, 2021 at 6:00pm. Topics: Optimistic Covid update; serendipity; Planning Board seeks members; Charter review and the quest for power; conflict between elected mayor and city council; FY22 Budget coming to a vote; Gaza via Zoom and Public Comment as political theater. Hosts: Judy Nathans, Robert Winters [On YouTube] [audio]

Episode 506 – Cambridge InsideOut: June 1, 2021 (Part 2)

This episode was broadcast on June 1, 2021 at 6:30pm. Topics: Petition to gut Neighborhood Conservation Districts, echoes of Robert Moses and “urban renewal, remembering Jane Jacobs; Missing Middle Muddle and fictional zoning narratives; nothing to address the general affordability of housing; The “HEART” proposal vs. the Task Force on the Future of Public Safety; misrepresenting “the community”; when will City buildings reopen?; Redistricting coming; mayoral races in Somerville, Boston, and NYC. Hosts: Judy Nathans, Robert Winters [On YouTube] [audio]

[Materials used in these episodes]

May 18, 2021

Cambridge InsideOut Episodes 503-504: May 18, 2021

Filed under: Cambridge,Cambridge InsideOut — Tags: , , , , , , , , , , , , , , , — Robert Winters @ 10:49 pm

Episode 503 – Cambridge InsideOut: May 18, 2021 (Part 1)

This episode was broadcast on May 18, 2021 at 6:00pm. Topics: Looking back; camaraderie of the unmasked; Apollo & Cambridge; Budget hearings and political theater; trickle-down politics; boycotts, divestment, and Chapter 30B; Plan E and city management; digital equity/municipal broadband – and Cable TV. Hosts: Judy Nathans, Robert Winters [On YouTube] [audio]

Episode 504 – Cambridge InsideOut: May 18, 2021 (Part 2)

This episode was broadcast on May 18, 2021 at 6:30pm. Topics: Legal tussles over acoustic music; License Commission; emerging from the pandemic; end of the emergency – beginning of the questions; voting post-Covid; eviction moratorium to end; sidewalk & street dining – temporary or permanent; election year rhetoric; emergent candidates and PR realities; Starlight future. Hosts: Judy Nathans, Robert Winters [On YouTube] [audio]

[Materials used in these episodes]

May 5, 2021

Cambridge InsideOut Episodes 501-502: May 4, 2021

Filed under: 2021 election,Cambridge,Cambridge InsideOut — Tags: , , , , , , , , , , , , , , , , — Robert Winters @ 5:15 pm

Episode 501 – Cambridge InsideOut: May 4, 2021 (Part 1)

This episode was broadcast on May 4, 2021 at 6:00pm. Topics: candidates; charter review; School Committee; FY2022 Budget; tax abatements, budget hearings; remote participation a mixed bag; Police Department Budget. Hosts: Judy Nathans, Robert Winters [On YouTube] [audio]

Episode 502 – Cambridge InsideOut: May 4, 2021 (Part 2)

This episode was broadcast on May 4, 2021 at 6:30pm. Topics: Green Roofs Petition ordained; mandates & inefficiency; affordable homeownership and the limitations of limited equity; $500 million bond proposal; electric vehicle charging and the future; legal counsel for councillors?; Plan E Charter facts; charter reform in secret – more power, less accountability. Hosts: Judy Nathans, Robert Winters [On YouTube] [audio]

[Materials used in these episodes]

May 3, 2021

For Your Consideration on the May 3, 2021 Cambridge City Council meeting

Filed under: Cambridge,City Council — Tags: , , , , , , , — Robert Winters @ 3:24 pm

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 9-0Budget Season!

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

April 26, 2021

Monday Night Live – Featured Items from the April 26, 2021 Cambridge City Council Agenda

Filed under: Cambridge,City Council,covid — Tags: , , , , , — Robert Winters @ 1:29 pm

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)

7-day averages (April 11)

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 City HallManager, 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)

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