Et tu, Brute? Beware The Ides of March – March 15, 2021 Cambridge City Council meeting

Here are a few items of interest:

Reconsideration #1. Task Force Transparency.
RECONSIDERATION FILED BY COUNCILLOR ZONDERVAN ON MAR 9, 2021
Reconsideration Fails 4-5 (DC,PN,JSW,QZ - YES; AM,MM,DS,TT,SS - NO)

Last week's amended resolution seemed like a proper response to the original policy order, so my impression of this call for reconsideration is that either (a) Councillor Zondervan wants to continue milking this issue for all it's worth, or (b) he's sulking because six of his colleagues shot down his proposal to have his committee co-host any future public meetings of the Task Force. I expect this move for reconsideration will fail by the same 3-6 vote.

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

Communications & Reports #2. A communication was received from Mayor Siddiqui, transmitting questions for the City Manager's COVID-19 update.
Placed on File 9-0

Order #3. That the City Manager be and hereby is requested to direct the Purchasing Department to provide a report detailing the City’s annual stationary expenditures, what percentage of that budget is spent at local retailers, and whether this percentage can be increased during the Covid-19 crisis.   Councillor Simmons
Adopted as Amended 9-0

The City's creativity in partnering with local restaurants to support Covid-related emergency food programs was fabulous, but there comes a point where this crosses the line into well-intentioned political patronage. There's also the matter of M.G.L. Chapter 30B which governs municipal procurement. [Chapter 30B Remains in Effect During COVID-19 Public Health Emergency] In the meantime, if you need any stationery supplies, consider buying them at a place like University Stationery or Bob Slate. Chapter 30B doesn't apply to you!

Resolution #6 (was Order #7). Thank You to My Brother's Keeper Cambridge.   Mayor Siddiqui
Adopted 9-0

Order #9. That the City Manager be and hereby is requested to re-implement capacity restrictions on indoor dining to ensure the safety of restaurant workers, diners, and Cambridge residents until widespread vaccination of the general public is achieved in the coming weeks.   Councillor Zondervan, Councillor Carlone, Councillor Sobrinho-Wheeler
Failed 2-6-0-1 (JSW,QZ - YES; AM,MM,PN,DS,SS,TT - NO; DC - PRESENT)

I seriously hope this City Council Order goes nowhere fast. The distancing requirements are still in effect and that's really the limiting factor on capacity in places like restaurants and other indoor spaces. The sponsors of this Order don't seem to understand the concepts of managing risk and navigating your way safely from bad to better. The fact that they continue to cite Somerville as the wellspring of greater wisdom only makes me question more the role of city council aides, including the current Somerville City Council president. In the meantime, City Manager Louis DePasquale has repeatedly stated that Cambridge restrictions are subject to change as the need arises.

Unfinished Business #8. A Zoning Petition has been received from Arvind Srinivasan regarding zoning language relative to the Alewife Quadrangle Northwest overlay. [Passed to a 2nd Reading Mar 1, 2021; to be ordained on or after Mar 15, 2021. The deadline for ordination is Mar 16, 2021.]
Ordination Fails 1-7-0-1 (DS - YES; AM,MM,PN,JSW,TT,QZ,SS - NO; DC - PRESENT)
City Solicitor Glowa noted that because the Planning Board gave a positive recommendation this petition (or a similar one) may be re-filed at any time. (Otherwise there would have been a 2-year period during which re-filing would be prohibited.) The petitioner has so far indicated no intention to re-file and could develop their properties as-of-right under existing zoning. It was also revealed by the Solicitor that under the recent "Housing Choice" legislation this petition would have required only a simple majority (5 votes) for ordination due to the housing component that was part of the petition.

The odds seem to favor this petition expiring even if this means the owner/developer going forward with plans as-of right that provide little or no additional benefits (such as a bridge over the RR tracks). Then again, perhaps a rabbit will be pulled out of a hat Monday night that results in the necessary six votes for ordination. I'll say flat out that I hate the very idea of "contract zoning", i.e. Let's Make A Deal, but I would really like to see something better made of this corner of Cambridge with connections between the Quadrangle and the Triangle and also across the Little River (thought that's more of a DCR matter).

Order #1. That the City Manager be and hereby is requested to confer with the Department of Public Works, the Economic Development Division of the Community Development Department, the Budget Department, Cambridge Table to Farm, the local Business Associations, the Massachusetts Department of Agricultural Resources, and other relevant groups to explore the feasibility of creating a Commercial Composting Pilot Program to serve at least 100 small businesses with fewer than fifty employees.   Vice Mayor Mallon, Mayor Siddiqui, Councillor Toomey, Councillor Nolan
Adopted 9-0

As a long-time promoter of composting I was glad to see this Order. However, as the Order states: "As this program will likely have budget implications similar to the 2018 Small Business Recycling Pilot, this possibility should be examined before the next fiscal year begins." Ideally, recycling and composting should yield financial benefits in addition to environmental benefits, but this is not always the case and any potential costs have to be taken into account.

Order #2. That the City Manager be and hereby is requested to direct the Historical Commission to initiate a process to begin chronicling the rich and vibrant history of people of color in Cambridge, similar to other City-commissioned books such as “We Are the Port: Stories of Place, Perseverance, and Pride in the Port/Area 4 Cambridge, Massachusetts 1845-2005” and “All in the Same Boat” and “Crossroads: Stories of Central Square, Cambridge, Massachusetts 1912-2000”.   Councillor Simmons
Adopted 9-0

This would be a good project - hopefully as part of a continuing series of less-recorded histories of the people and families who have lived in Cambridge over its nearly 300 years from village to town to city.

Order #4. Student Loan Crisis.   Councillor Nolan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Zondervan
Adopted 9-0

I have long viewed cancellation of student debt as just a form of political patronage. There may be some room for forgiveness of some of this debt, but restructuring the debt at low interest rates has always seemed like the most fair way to address this. By the way, I do believe there should always be free or low-cost university options - just like I had when I went to college.

Order #5. That the City Manager be and is hereby requested to work with the Massachusetts Department of Conservation and Recreation (DCR) to open Riverbend Park before the end of March and on other days in addition to Sundays, and explore the feasibility of extending Riverbend Park to the BU Bridge and beyond.   Councillor Nolan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Zondervan
Adopted 9-0

Here we go again. I expect we'll again see Saturday and Sunday closures from April through November from Western Avenue to the Eliot Bridge, but any extension is unlikely for the same reasons DCR has provided in the past. Meanwhile, there are long-term plans to redesign of the Memorial Drive Greenway between the BU Bridge and the Eliot Bridge that hopefully will get back on track as the public health emergency wanes.

Resolution #5 (was Order #6). Ending the U.S. embargo on Cuba.   Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Carlone, Councillor Zondervan
Adopted 9-0

File this under "Qaddafi and other foreign relations initiatives".

Order #8. Order to amend the Municipal Code of the City of Cambridge to insert new section Restricting the Use of Chemical Crowd Control Agents and Kinetic Impact Projectiles.   Councillor Sobrinho-Wheeler, Councillor Carlone, Councillor Nolan, Councillor Zondervan
Referred to Ordinance Committee 9-0

Apparently much of last week's related discussion went in one ear and out the other. Maybe even in five ears and out the other five.

And let's not forget this:
Tues, Mar 16
3:00pm   The Government Operations, Rules and Claims Committee will meet to discuss the initial steps that must be undertaken to establish the search process for the next City Manager.   (Sullivan Chamber)

And so it begins. Pardon my cynicism but I would rather put my faith in random selection of a city manager than entrust the task to the current crop of city councillors. Unfortunately, it's their call under the Charter. Come to think of it, perhaps we should advocate for a Charter change to have the Cambridge City Council chosen by lottery from the registered voter list. - Robert Winters

Comments?

Getting to know your job (or not) - Preview of the March 8, 2021 Cambridge City Council meeting

When you have watched the Cambridge City Council for over three decades (as I have) you develop certain expectations. For example, when there are no City Council orders calling for the overthrow of Muammar Qaddafi, you start to worry if everyone is feeling OK or if they are in need of some intervention. You also come to expect a fair number of poorly-researched "drive-by orders" asking the City Manager and staff to dedicate many hours to explore some barely-formed notion that someone heard about in Santa Monica or elsewhere. I'm reasonably OK with the latter (mainly because I don't have to follow up on the requests for information), but I have always found the former (foreign intervention) to be just a bit out of the range of the role of the City Council. This week we'll hear about farmers in India.

Another common situation is the failure of some city councillors to understand what they can and cannot do under our Plan E Charter. In recent months we have seen efforts to micromanage City departments - most notably the License Commission and the Police Department (CPD), but also the Public Health Department. Councillor Sobrinho-Wheeler, in particular, has repeatedly expressed his frustration when five councillors expressing a point of view fails to result in all hands on deck carrying it out. In other words, his notion of a city manager is to not actually be a manager but rather a messenger incapable of making managerial decisions regarding logistics, financing, approving contracts, labor negotiation or much of anything else - as if doing so is somehow a breakdown in “democracy”.

One case in point this week is seen in the responses from the City Solicitor regarding whether the Cambridge City Council can forbid the use of tear gas by CPD (which it hasn't actually used for nearly half a century). It's now essentially a moot point thanks to recent state legislation and CPD policies restricting its use, but the Solicitor does take the councillors to school regarding the limits of Council authority in matters such as this. I generally find the expressed dichotomies of some councillors to be willfully ignorant. They may see this as a choice between peaceful negotiation and tear gas, but the significant choice really only comes up in a full-scale riot or insurrection when it's a choice between lethal and non-lethal force - and it's good to have non-lethal options in that case.

Some councillors a few weeks ago expressed frustration regarding the role of the License Commission in managing potential conflicts regarding live entertainment and enforcement of the Noise Ordinance in allowing acoustic music without a license. It's great that the City Council wants to recommend some changes, but they also have the luxury of never having to adjudicate the conflicts. That said, the License Commission seems to have understood the desired goals and they are now proposing ways to realize those goals while still being able to adjudicate conflicts - something that is definitely not the job of a city councillor.

It is entirely proper for a city councillor to second-guess the decisions of the City Manager and his staff. It would also be proper for a councillor or even a majority of councillors to tell the Manager that they think one of his departments is dysfunctional. If the Manager remains unresponsive, a simple majority of the City Council can even exercise its nuclear option and send the Manager packing. On the other hand, if a city councillor chooses to bypass the Manager and directly browbeat a department head or other employee, that might actually cross the line into felony territory. Councillors need to know their limitations. That goes for their aides as well.

Here are the visible highlights this week:

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

Communications & Reports #2. A communication was received from Mayor Sumbul Siddiqui, transmitting COVID-19 Update Questions.
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

Order #1. Mobile Vaccines Policy Order.   Vice Mayor Mallon, Mayor Siddiqui, Councillor Simmons
Order Adopted 9-0

Order #2. Waiving Business Fees.   Councillor Nolan, Councillor Carlone, Mayor Siddiqui, Vice Mayor Mallon
Order Adopted 9-0

Order #3. Honoring the Cambridge Lives Lost to COVID-19.   Mayor Siddiqui, Vice Mayor Mallon, Councillor Nolan, Councillor Sobrinho-Wheeler
Order Adopted 9-0

The City's many responses to the pandemic continue. Vaccinations are increasing and there is light at the end of the tunnel, but the 7-day averages of new cases are no longer decreasing - and this is a cause for some concern. It may be the presence of virus variants, and I'm sure the count will soon be decreasing again. In the meantime, we remain vigilant - and hopeful.

And soon there will be baseball.

Manager's Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation on the Green Roofs Ordinance (Oliver, et al.) Zoning Petition.
Referred to Petition 9-0

The Planning Board recommends against adoption of this petition in its present form. While the intentions of the petitioners are to be respected, the petition is highly deficient in terms of definitions, practical considerations regarding maintenance and cost, and how the proposed requirements would interact with code requirements related to safety, accessibility, and building mechanical systems. It's also unclear how this proposal dovetails with existing zoning regulations and other proposals now under consideration.

Manager's Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to Calendar Item Number 2 dated Nov 2, 2020, which requested draft ordinance language to prohibit the use of tear gas in Cambridge.
Placed on File 9-0

“I am of the opinion that the authority to dictate what weapons are used by Cambridge police officers when carrying out their official duties, under the City's Plan E Charter and its Home Rule powers, rests with the City Manager and not the City Council; that future changes in weapons and equipment already in use by the Police Department would likely be subject to collective bargaining as to the impact of such changes; and that an ordinance restricting police officers from carrying assault weapons would thus be invalid as inconsistent with or frustrating the purposes of State law.” — That sums it up pretty well. Both responses from the City Solicitor are worth reading.

Charter Right #2. Task Force Transparency. [CHARTER RIGHT EXERCISED BY COUNCILLOR SIMMONS IN COUNCIL MAR 1, 2021 (Order #2 of Mar 1, 2021)]
Adopted as Amended by Simmons Substitution 9-0
[after QZ amendment to have joint meeting w/Public Safety Committee failed 3-6 (DC,JSW,QZ - YES)]

Regarding the Task Force, I'll repeat what I said last week: “Apparently Councillor Zondervan and I have the same wish but likely for diametrically opposite reasons. I have been asking to get access to these meetings (or at least the recordings) of the new Task Force on the Future of Public Safety, and apparently now so is he. My concern is that I don't want to see problematic people dominating the conversation, and I suspect Councillor Zondervan may desire to ensure the exact opposite. Public Safety, in my view, translates into an improved police force sharing specific responsibilities with others as appropriate. Others openly express a desire to abolish police entirely. That's a non-starter for me and not a plausible outcome of this process, but I would like to at least sample the dialogue.”

Charter Right #3. Shelter Wages. [CHARTER RIGHT EXERCISED BY COUNCILLOR ZONDERVAN IN COUNCIL MAR 1, 2021 (Order #4 of Mar 1, 2021)]
Adopted as Amended 9-0

Again, repeating what I said last week: “I have no idea what constitutes an appropriate wage for people who work at the 240 Albany Street wet shelter, but it's not a City-owned facility and it serves the region and not just Cambridge residents. My understanding is that the City's Living Wage Ordinance applies to people working for the City and to companies bidding on City contracts. Does this describe how the Bay Cove (formerly CASPAR) shelter operates? This is not the only facility they operate. [“Each year, Bay Cove provides services to more than 25,000 individuals and families who face the challenges of developmental and intellectual disabilities, mental illness, substance use disorder, homelessness and/or aging, at more than 170 program sites in Metro Boston and southeastern Massachusetts.”] There are waiver provisions in the ordinance. I'm curious to see how this plays out. After all, there are other shelter facilities in Cambridge that are not funded via City contracts. Would they all then be obliged to raise wages even if their funding sources cannot support it?”

On the Table #7. The Health & Environment Committee met on Oct 13, 2020 to discuss amending the Tree Protection Ordinance based on the findings of the Urban Forest Master Plan Task Force. [TABLED IN COUNCIL MAR 1, 2021 BY COUNCILLOR ZONDERVAN]

Committee Report #1. The Health and Environment Committee met on Nov 10, 2020 to continue discussing amending the Tree Protection Ordinance based on the findings of the Urban Forest Master Plan Task Force.
Tabled 9-0 (Zondervan)

Once again, I hope that this City Council will somehow see the wisdom in not overly restricting reasonable choices of homeowners or burdening them with unreasonable costs.

Unfinished Business #9. The City Manager be and hereby is requested to confer with the City of Cambridge Law Department to review the above changes to the language of the Domestic Partnerships Ordinance and report back to the Council. [PASSED TO A SECOND READING IN COUNCIL JULY 27, 2020. TO BE ORDAINED ON OR AFTER SEPT 14, 2020]
Ordained as Amended 7-0-0-2 (Simmons, Toomey - PRESENT)

Committee Report #2. The Ordinance Committee met on Jan 20, 2021 to conduct a public hearing on amendments to the Domestic Partnership Ordinance.
Placed on File 9-0; Ordained as Amended 7-0-0-2 (Simmons, Toomey - PRESENT)

It looks like this may be ordained after many months of discussion. I'll withhold my opinion regarding the need for such detailed revision.

Order #4. That the Cambridge City Council goes on record in support of the farmer protests in India.   Councillor Sobrinho-Wheeler, Councillor Zondervan, Mayor Siddiqui
Order Adopted 9-0

See my remarks above.

Order #5. That the City Manager consult relevant staff to implement universal Pre-K in Cambridge.   Councillor Sobrinho-Wheeler, Vice Mayor Mallon, Councillor Carlone, Mayor Siddiqui, Councillor McGovern, Councillor Nolan, Councillor Simmons, Councillor Toomey, Councillor Zondervan
Order Adopted as Amended 9-0

This has been in the works for some time, and I look forward to seeing what the detailed implementation of this goal will actually looks like as we eventually emerge from this Covid nightmare. I suspect there will be plenty of nuance - in part informed by having a pre-K Montessori School on one side of me and a Rock & Roll Daycare on the other side of me and an elementary school building across the street. Any comprehensive plan will have to integrate new options with existing options in a way that parents and taxpayers can afford. - Robert Winters

Comments?