What's Up? - First Look at the Sept 14, 2020 City Council Agenda

The Second String Debate Club returns this week from its summer vacation. Here are a few items of note:

COVID and COVID-related:

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

Manager's Agenda #3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $52,158.29 received from the Massachusetts Department of Transportation (MassDOT), Shared Streets and Spaces Program Grant, to the Grant Fund Traffic, Parking, and Transportation Other Ordinary Maintenance account which will be used for expenses associated with the Starlight Square temporary place-keeping intervention in Municipal Parking Lot 5 in Central Square.
Order Adopted 9-0

Charter Right #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to a proposed restatement of an amendment to the Mayor’s Disaster Relief Account, entitled “The City of Cambridge Restated and Amended Mayor’s Disaster Relief Account” (“Account”). [CHARTER RIGHT EXERCISED BY COUNCILLOR SIMMONS IN COUNCIL JULY 27, 2020]
Order Adopted 9-0

Order #8. That the City Manager be and hereby is requested to direct the Community Development Department and any other appropriate City personnel to establish a means of providing technical support to marginalized, underrepresented business owners and non-profit arts organizations in applying for and obtaining the critical funds from the Mayor’s Disaster Relief Fund Grant and Loan program, and/or from other similar State and Federal assistance programs, and to report back to the City Council on this matter in a timely manner.   Councillor Simmons
Order Adopted 9-0

Many of us have heard plaintive cries regarding this matter due to the precarious position many arts organizations are now in due to shutdowns and diminished capacity caused by the pandemic. This fund has already been re-purposed to provide loans/grants to small businesses severely impacted by the pandemic. However, it is a legitimate question to ask just how broadly available a fund initially created to assist residents affected by a major fire or similar disaster should be. It's not at all clear if Councillor Simmons new Order adds anything to this discussion.

Upshot: After extended discussion, the Council voted 9-0 in favor of the Order in Charter Right #1 that would allow these funds to be made available to arts organizations. They also approved Order #8 on the same 9-0 vote but only after being amended (on a 6-3 vote w/McGovern, Simmons, and Toomey dissenting) to remove any references that might make the availability of these funds for arts organizations contingent on racial requirements as proposed by Simmons.

Order #4. That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department, the Economic Development Department, the Harvard Square Business Association, the Harvard Square Neighborhood Association and Harvard University on the implementation of closing several blocks of streets in Harvard Square as soon as possible to vehicular traffic, with the exception of deliveries, using the attached map as one possible vision.   Councillor Nolan, Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Councillor Carlone
Charter Right - Simmons

The basic criteria so far regarding street closures/restrictions to help businesses and residents during this pandemic has been feasibility and a reasonable chance of positive impact. The proposal in the attached map doesn't seem to work for the #1 Bus and may result in traffic woes, and the fact that this is being proposed in September seems a bit late in the game. That said, shared street and slow streets are going to continue to be a topic of discussion and planning in the future. You can count on it.

Order #6. The City Manager is requested to work with Claude Jacob, Chief Public Health Officer of the Cambridge Public Health Department to appoint a Vaccine Task Force to develop a plan that keeps equity at the forefront.   Mayor Siddiqui, Vice Mayor Mallon, Councillor Nolan, Councillor Sobrinho-Wheeler
Order Adopted 9-0

Frankly, I'm pretty sure that equity is already being discussed as a priority in future vaccine distribution. The greater challenge may be getting people to trust in the safety of the various vaccine candidates - even after extensive clinical trials have been completed.

Order #9. That the City Manager confer with the Department of Public Works, the Cambridge Water Department and other relevant partners to create a pilot program for wastewater testing for evidence of COVID-19.   Mayor Siddiqui, Vice Mayor Mallon, Councillor Nolan, Councillor Toomey
Order Adopted 9-0

This is a pretty good idea. I would be surprised if this is not already being done in at least some limited way in Cambridge considering the wealth of research capacity in our local universities and biotech firms.

The Police:

Manager's Agenda #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-35, regarding an update on the Cambridge Police Patrol Officers' Association union contract negotiations.
Report Accepted, Placed on File 9-0

Charter Right #2. The City Manager look into transferring primary traffic enforcement responsibilities from the Cambridge Police Department to unarmed, trained enforcement personnel in the Traffic & Parking Department, Department of Public Works, Health & Human Services, or another suitable department. [CHARTER EXERCISED BY VICE MAYOR MALLON IN COUNCIL JULY 27, 2020]
Referred to Public Safety Committee 8-1 (Toomey - NO)

My favorite City Manager response is a terse one that states, as this communication does, that we're doing what we're supposed to do be doing and we're doing it well, and it's not the role of the City Council to intervene in matters such as municipal contract negotiations. There are currently 56 items on Awaiting Report with only 4 of them addressed this week. Most of the remaining items could be dispensed with via a brief paragraph each.

Water:

Manager's Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-38, regarding a report on lessons learned from 2016 and on plans in place to institute water savings measures and to inform the public as soon as practicable about the possibility of dry and drought conditions.
Report Accepted, Placed on File 9-0

Housing (not including AHO):

Manager's Agenda #20. A communication transmitted from Louis A. DePasquale, City Manager, relative to additional amendments to the draft amendment to the Municipal Code introducing a new ordinance entitled Chapter 8.71 - Tenants’ Rights and Resources Notification.

Unfinished Business #7. That the Cambridge City Council amend the Municipal Ordinances of the City of Cambridge to insert a new Chapter 8.71, entitled Tenants’ Rights and Resources Notification. [PASSED TO A SECOND READING IN COUNCIL JULY 27, 2020. TO BE ORDAINED ON OR AFTER SEPT 14, 2020.]
Ordained as Amended 9-0

While having a "Tenants’ Rights and Resources Notification" policy in place as a municipal ordinance seems like a good move, there is something about the possibility of a $300/day fine that seems excessive, and I'd hate to see this applied retroactively in the event that relations between a landlord and tenant break down. Well-intentioned initiatives can sometimes have the perverse effect of creating a chasm between a landlord and tenants that can do more harm than good.

Order #12. That the Cambridge City Council go on record in strong support of H.4878, and in urging the legislature to pass it immediately.   Councillor Zondervan, Mayor Siddiqui, Vice Mayor Mallon, Councillor Sobrinho-Wheeler
Order Adopted 9-0

Jerry's Pond:

Manager's Agenda #21. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-39 and 20-40, regarding contacting the new owners of Jerry's Pond and discussing next steps in the potential restoration and improvements to Jerry's Pond and its surrounding areas.
Charter Right - Siddiqui

I'm glad to see that there's the potential of some cooperation between the new owners, the MBTA, DCR, and the City. The real challenge will come when the new owners come forward with development plans. That's usually when there's sufficient leverage available to realize objectives that might not be possible simply by good will.

Fossil Fuel Zoning:

Manager's Agenda #22. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt, following further study and refinement, the Fossil Fuel Zoning Petition (Amendments to Article 22.000 of the Zoning Ordinance).
Referred to Petition 9-0

On the Table #5. That the City Manager is requested to direct the City Solicitor, Community Development, Public Works, Inspectional Services and any other related departments to review the proposed amendments regarding the prohibition of Natural Gas Infrastructure in New Buildings. [TABLED ON JAN 27, 2020]

The proposal is sensible in that it encourages good outcomes recognizing the feasibility and cost of installing systems not dependent on fossil fuels. In light of recent legal opinions regarding proposals for outright bans, this seems like a good path to follow even if the zealots are disappointed. But they're always disappointed anyway.

Affordable Housing Overlay:

Manager's Agenda #23. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt the Affordable Housing Overlay (AHO) Zoning Petition.
Referred to Petition 9-0

Manager's Agenda #24. A communication transmitted from Louis A. DePasquale, City Manager, relative to Affordable Housing Overlay Zoning Petition CDD staff follow-up on items requested by the Ordinance Committee at its hearing on Aug 19, 2020. [attached petition text]
Referred to Petition 9-0

Committee Report #3. A report of the Ordinance Committee Meeting held on July 8, 2020 regarding the Affordable Housing Overlay.
Report Accepted, Placed on File 9-0

Committee Report #7. A report of the Ordinance Committee Meeting held on Aug 19, 2020 regarding the Affordable Housing Overlay.
Report Accepted, Placed on File 9-0; AHO Passed to 2nd Reading 7-2 (AM,MM,DS,JSW,TT,QZ,SS - Yes; DC,PN - No)

Suffice to say that I continue to see this as a dreadful proposal that is based on a philosophy of transferring as much private residential property as possible into the hands of government and/or its taxpayer-funded partners. Inclusionary Zoning is founded on a philosophy of maintaining a balance between market housing and subsidized housing in new construction. This proposal does the opposite. It also establishes greatly different development standards in terms of height, density, and setbacks and, perhaps worst of all, it effectively eliminates the ability of an abutter to object. This is in many ways Eminent Domain Lite.

Because these different rules for different owners are being baked into zoning, once established it will take a two-thirds Council majority to change back to equitable standards, and that's a virtual political impossibility. The entire zoning proposal was effectively written by those entities that stand to benefit by it.

Community Preservation Act (CPA):

Manager's Agenda #25. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the recommendations of the Community Preservation Act Committee (CPAC) for FY2021. [FY21 CPA Vote_Chair Letter to City Manager] [FY21 Project Recommendations Book]
[09142020 CPA orders] [CPA appropriation orders]
18 Orders each Adopted 9-0

80-10-10 as always and non-debatable. I stopped going to the hearings (actual and virtual) years ago once it became clear that the fix was in.

Elections and Voting:

Charter Right #3. That the City Manager be and hereby is requested to look into suspending street cleaning on Sept 1, 2020 and Nov 3, 2020; that he work with the Elections Commission to order 8 additional drop boxes and to inquire whether CHA will have additional locations for drop boxes. [CHARTER RIGHT EXERCISED BY COUNCILLOR TOOMEY IN COUNCIL AUG 3, 2020]
Order Adopted 9-0

I honestly have no idea why Councillor Toomey exercised his Charter Right on this matter. The feasibility of having additional mail-in voting drop boxes is really dependent on the ability to guarantee security of the ballots and to retrieve them in a timely manner. Hopefully the recent Primary Election provided good lessons on best practices for the November election.

Canal District Zoning Petition:

Applications & Petitions #3. A Zoning Petition has been received from BMR–Third LLC c/o BioMed Realty, L.P. regarding a Zoning Amendment Petition for a new Planned Unit Development PUD District CDK. [Petition w/o images] [images from petition]
Referred to Ordinance Committee & Planning Board 9-0

Meet the new petition, same as the old petition.

Bicycles:

Committee Report #2. A report of the Ordinance Committee Meeting held on July 7, 2020 regarding Cycling Safety Ordinance.
Report Accepted, Placed on File 9-0; Toomey's Order to further look at Cambridge St. approved 5-3-1 (MM, JSW, QZ - No; DC - Absent); Amendments approved 6-0-1-2 (DC-Absent; DS,TT-Present); Ordinance as Amended Passed to 2nd Reading 6-1-1-1 (DC-Absent; TT-No; DC-Absent; DS-Present)

Same old, same old. Politically motivated lobby wants stuff and the councillors will provide with little or no critical analysis.

City Manager's Contract Extension:

Committee Report #4. A report of the Government Operations, Rules & Claims Committee Meeting held on July 20, 2020 regarding an extension of the current City Manager’s Contract.

Communications & Reports #1. A communication was received from Councillor Simmons the City Manager's Contract extension.   Councillor Simmons
Contract to be Extended for 18 months through July 5, 2022 (Approved 5-3-1 w/PN, JSW, QZ dissenting - they wanted only a 1 yr. extension); Order to Extend Contract w/specified COLA 2.5% increases as described in Simmons Communication Adopted 6-2-1 w/JSW, QZ dissenting, DC-Absent. [Note - There was much confusion regarding the timing of the COLA.]

The latest proposal is for an 18-month contract extension after which the future Council will likely seek a new city manager with no ties to Cambridge or the current administration. Personally, I think Louis DePasquale has done a great job under difficult circumstances. My only criticism has to do with (a) some of his appointments to certain City Boards, and (b) his limited pushback to some City Council requests - even though I am very aware that some residents would prefer that he simply roll over and comply whenever 5 city councillors float a notion.

City Council Rules:

Committee Report #6. A report of the Government Operations, Rules & Claims Committee Meeting held on July 22, 2020 regarding amending the rules of the Cambridge City Council.
Report Accepted, Placed on File; Rule Changes Adopted 8-0-1(DC-Absent), but I believe any Rules Change must be "Laid on the Table" for two weeks before final adoption.

A great man - a former City Councillor and former Mayor - once said to me that the most sure sign of a dysfunctional organization is the degree to which its members focus on their by-laws rather than on their mission. - Robert Winters

Comments?