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.

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 1-8 (Toomey - NO); Order Approved as Amended 8-1 (Toomey - NO); Reconsideration Fails 0-9
Apparently, there will be one track that asks Attornet 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

Comments?

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

As 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

Comments?