Cambridge Civic Journal Forum

December 9, 2018

Lotsa Ordainin’ To Do – Dec 10, 2018 Cambridge City Council Agenda

Lotsa Ordainin’ To Do – Dec 10, 2018 Cambridge City Council Agenda

Information Security Begins With You!The ordaining queue has been growing over the last few weeks – Surveillance Ordinance, Revised Street Performers Ordinance, Revised Fair Housing Ordinance, and the Mandatory Book-Burning Ordinance (OK, not really). Perhaps next year we’ll also see the Don’t Touch That Tree Ordinance, the Chicken Farming Ordinance and Handbook, and the Socialized Housing Ordinance. The business of municipal ordinances was always complicated – even in days of yore, i.e. Cambridge in 1899 (Revised Ordinances of 1892) which even contains a precursor to the zoning ordinance that would not be enacted for another quarter century. Here’s a sampler of some of the ordinances of the day:

CHAPTER 37. SECT. 1. Any minor, between the ages of seven and fifteen years, convicted of being an habitual truant, or wandering about in the streets or public places of Cambridge, having no lawful occupation or business, not attending school, and growing up in ignorance, and such children as persistently violate the reasonable rules and regulations of the public schools, shall be committed to the Middlesex Truant School for a term not exceeding two years. The Middlesex County Truant School is the place provided for the confinement, discipline, and instruction of such children.

CHAPTER 38. SECT. 1. There shall be established in the city of Cambridge a workhouse for the employment and support of the following description of persons, that is to say, poor and indigent persons that are maintained by or receive alms from, the city; persons who, being able of body to work, and not having estate or means otherwise to maintain themselves, refuse or neglect to work; persons who live a dissolute, vagrant life, and exercise no ordinary calling or lawful business; and persons who spend their time and property in public houses, to the neglect of their proper business, or who, by otherwise misspending what they earn, to the impoverishment of themselves and their families, are likely to become chargeable to the city.

CHAPTER 45. SECT. 2. No person shall climb a tree in any street, or fasten or tie a horse or other animal to, or post a bill upon, any such tree, or allow any horse or other animal owned by him, or under his control to stand so near any such tree, that such tree may be gnawed or otherwise injured by such horse or other animal so allowed to stand, and no person shall place a sign upon or around any tree on any street of the city.

Penny FarthingCHAPTER 45. SECT. 16. No person shall coast upon a sled on any street of this city without the written permission of the mayor; and without such written permission no person, in any public street or square of this city, shall ride a bicycle or tricycle at a rate of speed exceeding ten miles an hour, and only for the time, and upon such portions of the public ways, streets, or squares aforesaid as may be specified in said permit. Such reasonable conditions shall be attached to such permits as the mayor may deem proper, and in accord with the circumstances and for the occasion for which the permits may respectively be granted. Between the hours of eight o’clock in the morning and five o’clock in the afternoon, children under the age of fourteen years may use velocipedes on any sidewalk in any public way, street, or square of this city. In no part of any public grounds, commons, enclosures, and parks, now or that hereafter may be under the general charge of the park commissioners, shall children use a velocipede without the written permit of the park commissioners.

CHAPTER 45. SECT. 19. No person shall have in his possession a club or bludgeon, on any street, with intent to use the same in a sport, sham-fight or strife, or to intimidate any person or horse.

CHAPTER 45. SECT. 21. No person shall behave himself in a rude or disorderly manner, or use any indecent, profane or insulting language, in any street or public place.

CHAPTER 45. SECT. 35. No person, except by permission of the mayor, shall deliver a sermon, lecture, address, or discourse on any common or other public grounds.

CHAPTER 46. SECT. 1. No person in any public street of the city shall ring a bell or gong, between the hours of ten o’clock P.M., and six o’clock A.M., except as a warning of danger.

CHAPTER 48. SECT. 1. No child under sixteen years of age shall be, loiter or remain upon any street, highway, park or other public way or place in this city after the hour of half past nine o’clock in the afternoon of any day, unless accompanied by, or under the control or care of a parent, guardian or other adult person, or performing or returning from employment or from the performance of some duty, directed in writing by said parent, guardian or other adult person, and no such child, while performing such duty, or returning from the performance thereof, or from employment, shall loiter upon any such street, highway, park or other public way or place.

Back in the present (2018), here are a few items on the agenda that drew my attention this week:

Manager’s Agenda #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of an Advisory Committee on Climate Resilience Zoning.

Unfinished Business #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-85, regarding a report on the feasibility of appointing an advisory committee to work through resilience elements raised during the Envision process and through the Brown Petition.

The City Manager’s original 25 appointees included four city councillors and a representative from the Mayor’s Office. This led to concerns of possible Open Meeting Law violations unless the entire advisory committee was rethought as an ad-hoc City Council committee – but that would have diminished the role of all the other appointees. The new list of 20 appointees has zero councillors and nobody from the Mayor’s Office, and one MIT appointee was reclassified from "Institutional/Non-Profit Representative" to "Business Representatives/Property Owners".

Charter Right #1. Legal Opinion on Portland’s Relocation Assistance Ordinance.

Yes, it would require a Home Rule Petition. Needless to say, if the threshold for triggering this is a 10% rent increase (even if the rent was unchanged for years) I would expect a 9.5% rent increase every year to become commonplace.

Unfinished Business #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to proposed revisions to the draft Surveillance Ordinance. QUESTION COMES ON PASSAGE TO BE ORDAINED ON OR AFTER DEC 10, 2018.

Unfinished Business #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to the proposed amended Street Performers Ordinance. QUESTION COMES ON PASSAGE TO BE ORDAINED ON OR AFTER DEC 10, 2018.

Time for some ordainin’. Please be advised that street performers may not deliver a sermon, lecture, address, or discourse on any common or other public grounds except by permission of the mayor.

Order #1. Improving Pedestrian Safety.   Mayor McGovern, Vice Mayor Devereux, Councillor Zondervan

This Order is primarily a request for information on how various "traffic calming" treatments have been working. The current policy seems primarily to be to create as much congestion as physically possible so that traffic cannot move very quickly. This has the added goal of infuriating drivers to the point that they consider alternate modes of transportation.

Order #2. Tree on City Hall Lawn.   Vice Mayor Devereux, Councillor ZondervanCity Hall

I would suggest having conversations with both Charlie Sullivan (Historical Commission) and former City Councillor Kathleen Born before moving on this. There used to be a perimeter hedge around City Hall as well as a couple of spruce trees straddling the main entry to City Hall. About 20 years ago the consensus was that it would be ideal to restore the appearance of City Hall to its late 19th Century magnificence. This led to the removal of the hedge and the trees – as well as the ivy that had crept over much of the building surface. An additional unanticipated benefit was that the front lawn of City Hall became a significant open space resource for Central Square and a popular place for sunbathers during the warm weather months. We all love trees but any choice to plant a significant tree in front of City Hall should be weighed against these other factors.

Order #4. City Budget and Council Goals.   Councillor Carlone, Councillor Zondervan, Councillor Siddiqui

While it’s a good idea to have the budget presentation highlight how it reflects City Council goals and priorities (and let’s be clear that the City Manager already does this every year), I would not want to see every City department have to justify every expenditure against that short list of Council priorities. If DPW needs to buy another packer truck or if the Fire Department needs to purchase another fire engine or hire additional firefighters, I would hope they would not need to justify this by proving how it will "implement equity policies for the people of Cambridge". Most of the City budget goes to maintaining operations, and the goals expressed by individual departments in the annual Budget Book usually highlight how they can best deliver their services. – Robert Winters

December 3, 2018

First Look at the Dec 3, 2018 City Council Agenda

First Look at the Dec 3, 2018 City Council Agenda

Here are a few agenda items that I found either interesting or infuriating:City Hall

Manager’s Agenda #3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $120,000 from Free Cash to the General Fund Executive Department Other Ordinary Maintenance account to support the cable television license renewal process.

The only thing I’ll say on this is to note just how little leverage we have in any of this. It’s not just that Comcast is the only game in town. Just as bad is the fact that the United States Congress some time ago gutted the previous regulations governing the granting of Cable TV franchises by municipalities. The only thing we can even discuss/bargain is PEG – public access, educational programming, and government programming – and we can’t even do much with those. We can’t even discuss what stations should be in the basic Cable TV package.

Manager’s Agenda #4. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Massachusetts Department of Energy Resources (DOER) Clean Energy Resiliency Initiative grant in the amount of $78,300 to the Public Investment Fund Water Extraordinary Expenditures account which will support Phase I of the Cambridge Water Supply Resilience project.

I’m always interested in hearing about what new projects are planned for protecting and improving Cambridge water whether or not it’s related to "resiliency".

Manager’s Agenda #17. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-79, regarding a report on the Grand Junction Overlay District.

Manager’s Agenda #18. A communication transmitted from Louis A. DePasquale, City Manager, relative to an agreement with the Cambridge Housing Authority to take an easement and accepting the conveyance of a 2nd easement for the purpose of constructing a multi-use path along the Grand Junction Railway and to provide grant funding to assist in closing the funding gap for the Millers River Redevelopment Project by paying for part of the demolition of the community center building, reconstruction of a new community building, renovation of 15 housing units and the creation of permanent affordability restrictions for these units.

Applications & Petitions #2. A Zoning Petition has been received from Joseph T. Maguire of Alexandria Real Estate Equities, Inc. Transmitting a proposed amended to the zoning ordinance by creating the Grand Junction Pathway Overlay District adjacent to the Grand Junction railroad right-of-way between Binney and Cambridge Streets.

There’s something happening here. What it is ain’t exactly clear. In any case, it’s nice to see some tangible progress on this project that we first proposed as part of the Green Ribbon Open Space Committee about two decades ago. I’m still curious how it would connect with the Somerville Community Path..

Order #5. Somerville’s Davis Square Neighborhood Plan.   Councillor Kelley, Vice Mayor DevereuxPlan for Davis Square

Check out the draft of the Davis Square Neighborhood Plan. Many of us still remember when a railroad ran through the middle of Davis Square. Anyway, what we do affects Somerville and vice-versa. Envision That.

Order #6. Marijuana Public Consumption.   Councillor Kelley, Councillor Simmons

Pretty soon the whole city is going to smell like Woodstock – only at 20X the potency.

Order #7. That the City Council refer to the Ordinance Committee and the Planning Board, for hearing and report, the proposed amendments to Article 5.000 of the Cambridge Zoning Ordinance.   Councillor Kelley, Councillor Zondervan

Flat Roof Zoning returns for another try. You know – Up On The Roof.

Order #8. Accessory Dwelling Unit Zoning Petition.   Councillor Kelley, Councillor Carlone, Councillor Zondervan

Will this again get lost in the shuffle? I know a guy who can help with the amendments.

Order #11. Inclusionary Tenants’ Association.   Councillor Mallon, Councillor Simmons, Councillor Siddiqui

Am I the only one who sees the irony in this?

Order #12. That the City Manager be and hereby is requested to work with the IT Department and Granicus to create a more inclusive city website, including an Open Meeting Portal registration form that does not require the use of gendered pronouns, salutations or titles.   Councillor Zondervan, Councillor Simmons, Councillor Mallon

Oh, the horror.

Order #13. Legal Opinion on Portland’s Relocation Assistance Ordinance.   Councillor Zondervan

The relentless campaign to reimpose rent control piecemeal continues like death by a thousand cuts. Last year’s jewel was the "Right of First Refusal" that fortunately never saw daylight. Now this. Though the order asks for a legal opinion on whether Cambridge can impose such a financial requirement, it should be obvious to any sentient city councillor that they cannot do so without authority from the Commonwealth.

Committee Report #4. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor Sumbul Siddiqui, Chair of the Economic Development and University Relations Committee, for a public hearing held on Oct 3, 2018 to discuss a City-based Cannabis Social Equity Program and Policy Order #10 from June 25, 2018.

While I agree that this potentially lucrative business should not be dominated by the usual high-rolling entrepreneurs and that economic opportunity should be spread far and wide, I find unconvincing (to say the least) the notion that anyone should be provided an advantage based on ethnic identity.

Committee Report #5. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Jan Devereux, Chair of the Government Operations, Rules & Claims Committee, for a public hearing held on Nov 14, 2018 to discuss the Policy Order adopted regarding Cambridge publicly financed Municipal Election Program and the Cambridge Municipal People’s Pledge Program.

I wish I had been able to attend this meeting because I could go on for hours on this topic. For starters, I am not at all convinced that money is any longer the limiting factor in municipal elections. I will also note that most or all of the proposals floated seem pretty obviously chosen to advantage political friends or to disadvantage political opponents – even though the case is always framed in terms of "leveling the playing field". I have in previous discussions of these matters also pointed out how publicly financed municipal campaigns might perversely work in the context of proportional representation and organized candidate slates. This is conveniently overlooked by proponents. If there are future meetings on this topic, please try not to schedule them when I’m in the classroom teaching because I would really like to take a few people to school on this topic.

Committee Report #7. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on Nov 15, 2018 to continue discussions on the petition filed by the City Council to amend the Zoning Ordinance as it relates to cannabis uses.

Trees and marijuana. That’s what this City Council will be remembered for. – Robert Winters

November 26, 2018

A Quick One! Nov 26, 2018 Cambridge City Council meeting

Filed under: Cambridge,City Council — Tags: , , , — Robert Winters @ 12:24 am

A Quick One! Nov 26, 2018 Cambridge City Council meeting

Though a short agenda does not guarantee a short meeting, hope springs eternal. Below are the handful of items of potential action or interest, but first a word or two about The Who.A Quick One

I understand that many people these days may not even know what a radio or a record is, and the term "long playing" (or LP) may now refer only to how long somebody spends on their video games. However there once was a pretty great band called The Who that was known by many as the raucous band that destroyed their equipment at live shows. They also produced some pretty great studio albums – one of which was the nifty 1966 record (their second) called "A Quick One". All the band members wrote songs for this one, e.g. "Run, Run, Run" (Pete Townsend), "Boris the Spider" (John Entwistle), "I Need You" (Keith Moon), and "See My Way" (Roger Daltrey). I have a particular fondness for "Boris the Spider".

Anyway, whenever I say or think of the phrase "A Quick One" it reminds me of this really great record.

Now back to less interesting stuff.

Manager’s Agenda #1. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the an order requesting the appropriation and authorization to borrow $3,000,000 to provide funds for the planning and feasibility of improvements to 831 Massachusetts Avenue and 3 Bigelow Street buildings, and the design and construction of improvements at City Hall.

I really hope one of the city councillors asks what the total cost now is for rehab of these two buildings (831 Mass. Ave. and 3 Bigelow Street.). As for City Hall, how much of the cost is for the ever-growing coddling budget for city councillors?

Manager’s Agenda #2. Transmitting Communication from Louis A. DePasquale, City Manager, relative to an order requesting the appropriation and authorization to borrow $3,000,000 to provide funds for the design and reconstruction of the Fire Station Headquarters building.

I’m glad to see the City’s firehouses getting some long-overdue attention.

Unfinished Business #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-85, regarding a report on the feasibility of appointing an advisory committee to work through resilience elements raised during the Envision process and through the Brown Petition.

The discussion on this last week was illuminating, especially the objections to there being four city councillors on the committee. Apparently this flies in the face a several Open Meeting Law quorum restrictions. It’s also unprecedented to have an advisory committee with four city councillors, but such is the price of political accommodation.

Order #1. That the City Manager is requested to consult with the Community Development Department, the Cambridge Public Health Department, and any other appropriate departments to provide a timeline outlining when the City Council can expect to receive draft zoning and public health regulations for urban farming.   Vice Mayor Devereux, Councillor Mallon, Councillor Zondervan

Other than beekeeping and perhaps legalizing a few stray hens, I’m still at a loss to explain why this is even an issue or why it has been batted around for so long. Do we really need an ordinance to regulate the sale of some stuff grown in our gardens?

Order #2. That the City Manager work with the Economic Development Department, Business Associations, and Cambridge Local First to create a Small Business Saturday strategy that increases traffic to our local businesses during the 2019 holiday season.   Councillor Mallon, Councillor Siddiqui

I personally spent Black Friday at home and will let Cyber Monday pass without spending a dime. As for a strategy to increase traffic to our local businesses, I suggest lowering prices and, of course, selling some really cool stuff. – Robert Winters

November 18, 2018

Hold that Turkey! There’s a Nov 19, 2018 Cambridge City Council meeting

Filed under: Cambridge,City Council — Tags: , , , , , — Robert Winters @ 9:14 pm

Hold that Turkey! There’s a Nov 19, 2018 Cambridge City Council meeting

Here’s what I find interesting and snarkworthy:City Hall

Manager’s Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-102, regarding the potential for utilizing an Icelandic crosswalk design in East Cambridge.

floating crosswalkFor those who don’t recall, there was an Order asking the City to look into a design that pretty clearly would cause some drivers to jam their brakes or swerve to avoid an imagined collision. The response states: "In one formal study, between 10-14% of drivers swerved upon seeing the markings, perhaps believing them to be real raised objects in the roadway. Swerving would not be a safe maneuver for either the driver or other users on the road." Yup.

Manager’s Agenda #10. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-85, regarding a report on the feasibility of appointing an advisory committee to work through resilience elements raised during the Envision process and through the Brown Petition.

The Manager appointed a task force of 25 people including 4 city councillors, 4 residents, 5 institutional/non-profit representatives, 4 business representatives, 4 subject matter experts, and 3 City staff. One of the four resident appointees who was one of the original petitioners has already expressed his objections to the appointments and has stated that he’s not sure if he wants to be affiliated with this. Rocky start.

Manager’s Agenda #11. A communication transmitted from Louis A. DePasquale, City Manager, relative to proposed revisions to the draft Surveillance Ordinance.

Manager’s Agenda #12. A communication transmitted from Louis A. DePasquale, City Manager, relative to the proposed amended Street Performers Ordinance.

I have no point of view on either of these. I’m simply noting that the City Council now has language to adopt or amend. Both proposed ordinances are currently waiting for action on Unfinished Business.

Charter Right #1. Further Study Needed on First Street Garage (Order #3 of Nov 5, 2018).

At this point the notion that some analysis of traffic and parking supply and demand is warranted seems hardly controversial, and most of the data to support that analysis is readily available. What happens after updated information is presented is when the serious controversy will arise.

Applications & Petitions #2. A Zoning Petition was received from Anthony F. Gargano on behalf of his Client Hercules Kalogeropoulos, Cambridge Mobile Sound and Security, seeking to amend the zoning map in the area of 234 Monsignor O’Brien Highway, from the existing ‘C-1’ to Business ‘A’.

More marijuana. I hope people are beginning to understand that this is just as much about getting in on the ground floor of a potentially lucrative market as it is about making marijuana available for medical or recreational use.

Resolution #8. Recognizing the work and legacy of Dr. Joseph J. Harrington.   Mayor McGovern

I’m glad to see this. Dr. Harrington was one of the many unsung heroes who generously volunteered his time to serve of an important City Board – in his case, the Water Board.

Order #2. That the City Manager is requested to instruct the Director of the Traffic, Parking and Transportation Department to consult with the Commonwealth of Massachusetts and the State Delegation representing Route 28, State Representative Mike Connolly and State Senator Sal DiDomenico, for an update on the bike lane installation, and measures and actions such as increased police enforcement of speed limits, to improve safety of Museum Way immediately with particular emphasis on the intersection of Museum Way and Route 28.   Councillor Toomey

This is one stretch a road where some separation of cyclists from motor vehicle traffic is warranted and long overdue. That said, the primary danger on this and other roads is intersections. The recent cyclist fatality at this location occurred when the cyclist was stopped alongside a truck and both vehicles simultaneously made a right turn. Side guards on trucks would greatly lessen the likelihood of a fatality, but cyclists should never situate themselves to the right of a potentially right-turning large vehicle.

Order #7. That the Economic Development & University Relations Committee is requested to hold a public hearing to discuss the formation of a city commission dedicated to providing a forum for exploring and addressing the concerns of undergraduate, graduate, post-graduate and other post-high school students in Cambridge.   Councillor Kelley, Councillor Siddiqui, Councillor Toomey, Vice Mayor Devereux

I told my MIT students about this and some of them are interested in possibly serving on such a board. I am curious what issues would rise to the top of the priority list of such a group.

Order #9. That the City Manager is requested to work with CCTV to ensure funding for our municipal media services, and that the City Council go on record opposing a new FCC rule that would severely decrease funding for CCTV and 22CityView by allowing telecommunications companies to deduct in-kind services fees.   Councillor Mallon, Councillor Siddiqui, Vice Mayor Devereux, Mayor McGovern

Though much has changed since Cable TV was first licensed in Cambridge – primarily the shift from television to Internet, the support of community access from the licensees has only diminished over time. Continental Cablevision used to maintain a studio for community programming but that requirement went away with a previous federal change. Now the FCC wants to further choke the financial support required of a licensee (and there’s only Comcast in Cambridge).

Order #11. That the Housing Committee Co-Chairs, in collaboration with the City Manager’s Office and the Office of the Mayor, be and hereby are requested to reach out to their counterparts in Boston and Somerville to convene a region-wide discussion about the affordable housing crisis.   Councillor Simmons

I recommended such a regional conversation 2½ years ago as a member of the Envision Cambridge Advisory Committee. It never happened. – Robert Winters

November 5, 2018

On Deck for the Nov 5, 2018 Cambridge City Council meeting

Filed under: Cambridge,City Council — Tags: , , , , , — Robert Winters @ 9:03 am

On Deck for the Nov 5, 2018 Cambridge City Council meeting

Here’s my first pass at the interesting stuff:City Hall

Manager’s Agenda #4. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $92,000 from Free Cash to the Public Investment Fund Police Extraordinary Expenditures account for the fit out of a new Police Reporting Station at 628 Massachusetts Avenue in Central Square.

The new substation will be a welcome addition to this part of Central Square.

Manager’s Agenda #6. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $200,000 from Free Cash to the Public Investment Fund Community Development Extraordinary Expense Account to fund a Bicycle Plan Update with Feasibility Analysis and Implementation Plan.

As the Manager’s communication says, "The 2015 Cambridge Bicycle Plan created a bicycle network vision, an aspirational plan for creating a high-quality bicycle infrastructure network on streets and paths in the city. The Plan did not include technical studies to evaluate space and operational constraints for each street segment to determine the feasibility of creating separated facilities in the short term." It’s important to highlight the fact that the Plan was never carved in stone and immutable. It was an aspiration, i.e. a Big Wish intended to address the general issue of bicycle safety and "comfort". Where much of this went wrong was in the decision to rush through a number of half-baked "quick build" projects. This latest expenditure could yield balanced, sensible (and probably more expensive) plans or just more of the same – depending, at least in part, on whether City staff proceed with open minds or pre-baked conclusions.

Manager’s Agenda #10. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $150,000 from Free Cash to the Public Investment Fund Finance Extraordinary Expenditures account to support a 12-month digital equity research initiative.

While the expressed purpose of this initiative is "to study and analyze gaps affecting the City’s low-income or otherwise disadvantaged population in use of the broadband internet", it also formally ends the Broadband Task Force. What the communication does not emphasize is that some proposals for a full municipal broadband system that could have had a very significant price tag and financial exposure for the City grew out of that Task Force – something that was not well-received by the City Manager. On the flip side, there may be ways in which such a system could pay for itself. That conversation will likely continue outside the confines of City boards.

Manager’s Agenda #11. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $5,000,000 from the Community Benefits Stabilization Fund to the Grant Fund Human Services Other Ordinary Maintenance account to be used: (1) for grant agreements with nonprofit organizations to address the City’s most pressing service needs, and (2) to enter into a contract with a Project Evaluator to work with the grant recipients as well as the Community Benefits Advisory Committee (CBAC), which is overseeing this effort.

Manager’s Agenda #12. A communication transmitted from Louis A. DePasquale, City Manager, requesting the City Council authorize the City Manager to enter into a contract with a consultant service agency to provide evaluation services for 5 years from the date of the execution of the contract pursuant to G.L. c. 30B, §12b for the purpose of obtaining independent evaluation services to assess the use of community benefits funding by City-based nonprofit organizations in accordance with the Community Benefits Ordinance and the Guiding Principles of Community Benefits Funding.

While I claim no great understanding of this ordinance and its funding mechanisms, there are a few points worth making here. First, this was spawned by concerns about prior community benefits agreements associated with zoning proposals – generally upzoning – in which a property owner offered some benefit (such as the donation of the Foundry building or contributions to scholarship funds, community centers, etc.) to secure the necessary votes for the proposed zoning change. I believe the intention was to regularize this process so that it was not conducted as part of some relatively private understanding that yielded benefits to organizations favored by individual councillors. There is also the notion that agreements like this are a bit like purchasing zoning relief by sweetening the pot with cash. Zoning should be primarily driven by good planning rather than the extraction of financial benefits. Another concern that I have is that the universe of recipients of these "community benefits" now seems to be limited to subsidized housing and various social service agencies. One of the more significant things that grew out of the K2C2 deliberations several years ago was the understanding that "community beneifit" should also include things like placemaking and an improved retail environment. It would be a shame if those priorities were forgotten.

Order #2. That the City Manager work with the Fire Department to evaluate the existing capacity of fire stations in the Kendall Square area and whether a new fire station is needed, and if so, determining the feasibility of locating a plot of land for this use.   Councillor Mallon, Mayor McGovern, Councillor Toomey

It’s worth noting that there used to be a fire station in Kendall Square at the intersection of Dock Street and Main Street. That station was sold by the City around 1999-2000 to be repurposed as a Bed & Breakfast/restaurant (now "The Kendall").

Order #3. Further Study Needed on First Street Garage.   Councillor Zondervan, Vice Mayor Devereux, Councillor Siddiqui, Councillor Carlone

This is sure to be a Big Deal in the months ahead with a lot of activism brewing in East Cambridge. It is worth again emphasizing that even if you have a 50-year brooding resentment about the Sullivan Courthouse being built in the first place, the First Street Garage was built, at least in part, to support the traffic associated with that building. The legal machinations over the development rights at the Courthouse site appear to all be over, but the preliminary plans were based on the ability to lease space in the First Street Garage or, if that was blocked politically, in the Galleria garage. What complicates this now is the possibility that the Cambridgeside Galleria complex may undergo significant re-envisioning which might involve a reduction in parking capacity. There are lots of moving parts in all of this.

Order #4. Rethink Approach to Envision Cambridge.   Councillor Zondervan, Vice Mayor Devereux

This is sure to be a point of contention at the meeting. The Order seems to focus primarily on the public relations error of leading with just three recommendations which have not all been received with love and kisses. One could also argue that there were some underlying flaws in the Envision process itself – primarily its focus on a long list of ideas growing out of working committees rather than a unified vision for the future.

Committee Report #1. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor Quinton Zondervan, Chair of the Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee, for a public hearing held on Oct 16, 2018 to discuss CMA 2018 #196 and any other matter related to Jerry’s Pond.

One pet peeve that I harbor is the notion that hazardous sites should just be fenced off or otherwise sealed off for eternity rather than cured. This applies to the asbestos-laden Sullivan Courthouse building as well as Jerry’s Pond. I expressed much the same point of view years ago in suggesting that water from the Stony Brook system should be directed to the Muddy River in order to increase the flow. The response was that this might disturb toxins in the river bottom. A little disturbance may not be such a bad thing if one day those materials are removed. Sealing off a problem is not the ideal way to address a problem. – Robert Winters

October 29, 2018

A First Look at the Oct 29, 2018 Cambridge City Council Agenda

A First Look at the Oct 29, 2018 Cambridge City Council Agenda

City HallHere’s my first pass at the interesting stuff up for discussion at this week’s meeting:

Manager’s Agenda #10. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $67,179.02 from Free Cash to the Public Investment Fund Public Works Department Extraordinary Expenditures Account to support additional tree plantings in the Gore Street Neighborhood.

What is notable is that the street tree that was lost has been appraised at $67,179.02. I’d love to learn more about how that figure was derived. Especially the two cents.

Charter Right #1. That the Chairs of the Ordinance Committee schedule a hearing on Tree Protections and the Chairs of the Health & Environment Committee schedule public hearings on Tree Protections and the preliminary results from the Ordinance Committee hearing.

There are good ways and bad ways to do this. As a side note, I heard that the tulip tree on Cambridge Street that was at the center of a controversy almost two decades ago (with at least one person chaining herself to the tree) was removed recently due to internal rot. Some have suggested that this may have been helped along, but in any case the tulip tree is no more.

Charter Right #2. The City Manager be and hereby is requested to direct the Community Development Department to provide a written timeline of what specific steps must take place in order to take a final vote on the Affordable Housing Overlay legislation.

Communications #6. Sundry communications received relating to opposition of City Envision proposal.

My sense is that very few people know much about the proposed Subsidized Housing Overlay proposal and its provisions to permit neighboring properties to be redeveloped as subsidized housing as of right a) at densities up to four times what is allowed under current zoning, b) with minimal setback requirements, c) and with no objections permitted. The proposal is a severe departure from the Growth Policy Document that has been successfully applied for nearly 25 years. The Overlay proposal was panned at the Planning Board for many reasons. It does nothing to address the housing affordability problem as most people understand it, i.e. the difficulty most people have in finding an affordable place to own or rent without being forced to apply to a government agency for housing.

Communications #3. A communication was received from Charles Hinds, President East Cambridge Planning Team, regarding the disposition process of the First St. Garage.

The First Street parking garage is there largely because it served the needs of the Courthouse. The primary reason it has been underutilized (hence the available surplus of parking) is because the Courthouse has been closed for some time. Sure, some things have changed in the interim and perhaps in an ideal world the Courthouse building would be scaled down more than is proposed, but courts have ruled that the re-purposing of the Courthouse building may proceed as planned.

Order #1. That the City Manager is requested to report back to the City Council on offering early voting in City Council and School Committee elections.   Vice Mayor Devereux, Mayor McGovern, Councillor Siddiqui

As much as I want everyone to vote (I’m one of the only 116 Cambridge voters who has voted in every citywide Cambridge election since 1997), I really don’t see how the substantial increased cost of this proposal is justifiable. Unlike state and federal elections, the Commonwealth won’t be picking up the tab. It really is very simple to vote in municipal elections on Election Day and absentee voting could simply be expanded to achieve the same goal.

Order #9. That the City Manager is requested to provide an update on any current discussions or plans for extending the Alewife Greenway Bike Path from Alewife to Sherman Street.   Councillor Kelley, Vice Mayor Devereux, Councillor Carlone

This is a great idea. In fact, if the path switched over to the north side of the tracks at Sherman Street, you could extend it all the way to Porter Square with the added treat that you could pass under Walden Street through the old cattle pass.

Order #13. That the City Manager is requested to confer with City staff and report back to the City Council on the status of the Cambridge Street Bicycle Safety Demonstration Project and on any efforts to assess how successful the project has been and what lessons the City may learn from the project that may help inform street allocation and design decisions elsewhere.   Councillor Kelley, Vice Mayor Devereux

Order #14. That the City Manager is requested to confer with City staff and report back to the City Council on opportunities and plans to increase signage or other communication efforts to help ensure that all users of Brattle Street between Eliot and Mason Streets understand the cyclists may be using Brattle Street in the opposite direction of prevailing motor vehicle traffic.   Councillor Kelley, Vice Mayor Devereux

Order #19. That the City Manager is requested to include protected bicycle infrastructure along the entire length of River Street as part of the FY20 River Street Redesign project.   Councillor Zondervan, Mayor McGovern, Vice Mayor Devereux, Councillor Carlone

All of these are covered under the City’s "Listen Zero" policy regarding bicycle accommodation. There were and still are better ways to re-envision traffic flow on Cambridge Street, and Brattle Street should have been made into a two-way "slow street" from Mason St. to Eliot St. connecting to Mt. Auburn St. As for River Street, there is no way on earth that safer bicycle accommodation won’t be a central part of the plan, and this is one location where traffic calming and some separation of cyclists from traffic (including drivers just off the Pike who have not yet mentally slowed down) is completely justified.

Committee Report #1. A communication was received from Donna P. Lopez, City Clerk transmitting a report from Councillor Jan Devereux, Chair and Councillor Quinton Y. Zondervan, Co-Chair of the Health and Environment Committee for a public hearing held on Sept 27, 2018 to discuss stormwater management best practices and get an update on how Cambridge will be impacted by the EPA’s new Municipal Separate Storm Sewer System (MS4) permit, which took effect on July 1, 2018.

I’m highlighting this report simply because I think that every Cambridge citizen should learn more about the "hidden city" under their feet, i.e. the infrastructure that we depend on every day. We should have regular citizen seminars on this.

Committee Report #2. A communication was received from Donna P. Lopez, City Clerk transmitting a report from Councillor Jan Devereux, Chair and Councillor Quinton Y. Zondervan, Co-Chair of the Health and Environment Committee for a public hearing held on Oct 9, 2018 to was to receive an update on progress towards Zero Waste goals and to discuss successes and challenges of the citywide composting and recycling programs to date.

Two words – Recycle Right. If you want to ensure the economic viability of recycling you have to be mindful of the eventual end markets. Recycling is a lot more than throwing things into a blue (or green) container.

Committee Report #4. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on Oct 2, 2018 to discuss a petition filed by the City Council to amend the zoning ordinances in Articles 2.000, 4.000, 6.000 and 11.000 and to establish provisions for Cannabis Uses.

I really hope the City Council reconsiders the proposal to allow pot shops to open as of right in all of the City’s BA-1 zones [base zoning map]. These include many of our small "mom ‘n pop" mixed residential/commercial zones. [Full disclosure – I live in a BA-1 zone, but I’m directly across the street from a school and have a day care and two Montessori schools as neighbors, so I’m within the buffer zone.] This is fundamentally different than allowing pot shops along a BA corridor like North Mass. Ave. [BA-2] or Cambridge Street east of Inman Square [BA], though I’ll leave it to residents along those corridors to chime in for themselves. The Western Ave. corridor is primarily BA-3. A proposed Order in this committee report calls for allowing adult use (recreational) pot shops as a use as of right in all BA-1, BA-2 and BA-3 districts. Another proposed Order would reduce the buffer zone around schools and other youth facilities from 500 ft. to 300 ft.

Communications & Reports #1. A communication was received from City Clerk Donna P. Lopez, transmitting notes for the first meeting of the Mayor’s Arts Task Force.

This meeting was mainly just introductions, but it’s worth keeping an eye on where this Task Force is headed. – Robert Winters

October 15, 2018

Notable items on the Oct 15, 2018 Cambridge City Council Agenda

Filed under: Cambridge,City Council — Tags: , , , , , , — Robert Winters @ 9:07 am

Notable items on the Oct 15, 2018 Cambridge City Council Agenda

City HallHere’s my first pass at the interesting stuff up for discussion at this week’s meeting:

Manager’s Agenda #2. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $160,000 from Free Cash to the General Fund Executive Department Other Ordinary Maintenance account which will fund an expansion of free food programming for Cambridge youth.

Expanded Free Breakfast & Lunch in Cambridge schools and pre-schools courtesy of Mother Cambridge.

Manager’s Agenda #7. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $5,000,000 from Free Cash to the Public Investment Fund Public Works Department Extraordinary Expenditures Account to support the completion of the Inman Square Intersection Improvements Project.

Communications & Reports #1. A communication was received from City Clerk Donna P. Lopez, transmitting a communication from Councillor Kelley, transmitting memorandum regarding Inman Square Redesign Project.

There are some who still feel that the plan needs revision (including Councillor Kelley), but the judge isn’t going to look at the twenty-seven 8 x 10 colored glossy pictures with the circles and arrows and a paragraph on the back of each one.

Manager’s Agenda #10. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-76, regarding a report on Linkage fee as part of the Incentive Zoning Nexus Study.

Another study coming. At least this time there will also be effort expended to measure the impact of new nonresidential development on employment opportunities for Cambridge residents (could there be a positive impact?). Currently any linkage fees exacted from new development go toward subsidized housing. Some might argue that the greatest deficiency in how these nexus studies and associated linkage fees work is that they do little to address the lack of access for existing residents to jobs in all these new bright shiny buildings, and building additional subsidized housing without such access to employment isn’t necessarily the best strategy.

Charter Right #1. That the Envision Cambridge draft recommendations should be reviewed by the entire City Council in respective committees.

As I have said previously, handing a laundry list of suggestions from Envision Cambridge working committees to each of the City Council committees hardly seems like the best path toward comprehensive planning (you know – the Master Plan). Maybe they just want the Faster Plan.

Order #1. That the City Manager confer with the City Solicitor’s Office on the legal question and the feasibility of placing a condition in public bidding documents prohibiting municipal contractors from displaying any signage—other than company markers and contact information—on vehicles.   Councillor Siddiqui, Mayor McGovern, Vice Mayor Devereux

Though I don’t know for sure (really, I do), I believe this Order came about because somebody snapped a picture of a cement truck that had "Make America Great Again" on it.

Order #4. That the Chairs of the Ordinance Committee schedule a hearing on Tree Protections and the Chairs of the Health & Environment Committee schedule public hearings on Tree Protections and the preliminary results from the Ordinance Committee hearing.   Councillor Zondervan

I may just have to take down sooner than later that problematic ash tree in my yard that’s leaning on my roof. Otherwise, if a new ordinance is passed I may need a lawyer and an additional check.

Order #6. That the City Manager is requested to confer with the Community Development Department and the City Solicitor to investigate the queries posed by the Economic and University Relations Committee for a City-Based Cannabis Social Equity Program.   Councillor Siddiqui, Councillor Mallon, Councillor Carlone, Councillor Zondervan

Cast me out from the community, if you will, but I simply cannot wrap my head around a policy that gives preferential treatment to relatives of people convicted of drug-related crimes. Ensuring that the new dope industry provides economic opportunity broadly, i.e. "social equity", is one thing, but getting nailed for dealing dope under previous laws should not provide an advantage over those who lived within the law.

Committee Report #1. A communication was received from Paula M. Crane, Deputy City Clerk, transmitting a report from Councilor E. Denise Simmons, Chair and Councilor Sumbul Siddiqui of the Housing Committee for a public hearing held on Sept 27, 2018 to discuss Affordable Housing Overlay District.

The juggernaut continues. I spoke my mind on this subject at the most recent meeting of the Envision Cambridge Housing Working Group (which really should be renamed the "Subsidized Housing Working Group" based on the fact that they never addressed housing generally). As I have stated repeatedly, it’s certainly true that people want housing to be affordable in the sense that a typical person or family can find a place to buy or rent within their budget, but this is not the same as advocating for a dramatic increase in subsidized housing (of which Cambridge already has a significant amount when you add up all the Housing Authority properties, Inclusionary housing units, etc.). Indeed, I think an argument can be made that the singular focus on subsidized housing may be contributing to the non-affordability of housing generally. The best affordable housing program ever conceived was the proliferation of multi-family housing, and that involved no government subsidy at all.

Better ideas would be to permit multi-family housing in all zones, adjust allowable densities to better reflect the existing built environment, and work regionally to increase the overall housing stock. As I stated at the very first meeting of the Envision Cambridge Advisory Committee, constructing many housing units in Somerville’s Union Square, in Everett, in Allston, and elsewhere will do more toward making housing more affordable in Cambridge than anything. Only when people have options can they make rational economic choices. It is the shortage of available better options that allows housing costs in Cambridge to rise unchecked.

Committee Report #2. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor Sumbul Siddiqui, Chair of the Economic Development and University Relations Committee, for a public hearing held on Sept 12, 2018 to discuss Storefront Vacancies Best Practices.

Though I suppose I like the idea of "pop up" art in vacant storefronts, it’s a poor substitute for actual retail. On a related matter, current state law requires all new marijuana stores to obscure the views into these establishments (kinda like a speakeasy in the prohibition era). The crappy response has been to propose putting artsy stuff in the front windows. There are better approaches. My proposal is to create arcade-like shallow retail operations on these frontages. How about a hot dog vendor? A newsstand (if anyone still buys newspapers/magazines)? Maybe just a simple water bottle filling station. How about just creating a recessed area with an awning where a local vendor can sell hats, scarves, or trinkets? There are plenty of other good ideas. I would make the same proposal for other "formula businesses" to create active, low-cost, retail opportunities. – Robert Winters

September 30, 2018

A Taxing Situation – October 1, 2018 City Council Meeting Preview

Filed under: Cambridge,City Council — Tags: , , , , — Robert Winters @ 11:07 pm

A Taxing Situation – October 1, 2018 City Council Meeting Preview

Property Tax AssessmentsThe main order of business is the Tax Rate Hearing at 6:30pm that leads to the determination of the residential and commercial tax rates for FY2019.

Manager’s Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to the votes necessary to seek approval from the Massachusetts Department of Revenue of the tax rate for FY2019.

For the most part, the tax levy (and hence the tax rate) was determined several months ago when the City Council voted to approve the FY2019 Budget. Some things have changed since then, but the final steps in the process consist of a series of votes on allocations from available funds to reduce the tax rate, tax classification (primarily residential vs. commercial, subject to limitations under state law), approval of the residential exemption, and several available exemptions and deferrals permitted under state law. Once the votes are taken the Department of Revenue formally sets the tax rates. The Manager’s recommendations are as follows:

1. That the City Council vote to authorize the use of $9,000,000 in Free Cash to reduce the FY19 tax rate.

2. That the City Council vote to authorize $2,000,000 in overlay surplus/reserves to be used for reducing the FY19 tax rate.

3. That the City Council vote to authorize $3,500,000 from the City Debt Stabilization Fund to be used as a revenue source to the General Fund Budget, which was included in the FY19 Adopted Budget.

4. That the City Council appropriate $3,500,000 from Free Cash to the City Debt Stabilization Fund.

5. That the City Council classify property within the City of Cambridge into the five classes allowed for the purpose of allocating the property tax. It is further recommended that the City Council adopt a minimum residential factor of 57.5386%.

6. That the City Council approve the residential exemption factor of 30% for owner occupied homes, which should result in a residential tax rate of $5.94 and commercial tax rate of $13.71 (per $1000 of taxable value after exemptions) upon final approval by the Massachusetts Department of Revenue.

7. That the City Council vote to double the normal value of the statutory exemptions.

8. That the City Council vote to increase the FY18 exemption allowed under Massachusetts General Laws (MGL) Chapter 59, Section 5, Clause 17D from $314 to $322.

9. That the City Council vote to increase the FY18 asset limits allowed under Massachusetts General Laws (MGL) Chapter 59, Section 5, Clause 17E from $62,205 to $63,760.

10. That the City Council vote to increase the FY18 income and assets limits for elderly persons (age 65 or older). Income limits of $25,721 to $26,364 for those who are single and $38,582 to $39,547 9 for those who are married, asset limits of $51,439 to $52,725 for those who are single and $70,730 to $72,498 for those who are married, as allowed under MGL, Chapter 59, Section 5, Clause 41D.

11. That the City Council vote the income limit for deferral of real estate taxes by elderly persons (at least 65 years old) as determined by the Commissioner of Revenue for the purposes of MGL, Chapter 62, Section 6, subsection (k), for a single person who is not head of household ($57,000) and for a married couple ($86,000), as allowed under MGL Chapter 59, Section 5, Clause 41A. The reduction of the interest rate to 4% for deferred taxes, which was approved by the City Council previously, will continue.

Order #3. That the Government Operations, Rules and Claims Committee schedule a hearing on the proposed “Cambridge Publicly Financed Municipal Election Program” and the “Cambridge Municipal People’s Pledge Program” as soon as possible and report back to the City Council with a plan for implementation no later than the City Council meeting scheduled for Nov 19, 2018.   Councillor Toomey

I seriously wish these proposals and various alternatives proposed by others would just go away. It is becoming increasingly clear that such things as a positive social media presence, a good email list, and boatloads of personal contact are far more important than money in a local election campaign. So, could we stop chasing this wild goose?

Floating CrosswalkOrder #4. That the City Manager is requested to confer with the Director of the Traffic, Parking and Transportation department and any other relevant city departments to study the potential of utilizing the Icelandic crosswalk design in an intersection in East Cambridge.   Councillor Toomey

If you feel that screeching panic stops are a wise choice for traffic calming, then this is your design. I will humbly suggest that simpler solutions would be preferable. On the other hand, we could try some other optical illusions like holographic tigers or various apparitions from Ghostbusters.

Order #7. That the Envision Cambridge draft recommendations should be reviewed by the entire City Council in respective committees.   Councillor Carlone, Vice Mayor Devereux, Councillor Zondervan, Councillor Siddiqui

My presumption has always been that this laundry list of recommendations would be farmed out to the various City Council committees for further review prior to any consideration of zoning changes in the Ordinance Committee or other actions. I also think it would be a good idea to have the full final Envision Cambridge report in hand before delving too deeply into any of these ideas. Looking at them in isolation is not recommended.

Committee Report #1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Jan Devereux, Chair of the Transportation & Public Utilities Committee, for a public hearing held on Sept 12, 2018 to discuss the guiding policy and safety priorities for regulating and permitting shared electric scooters to operate in Cambridge.

Maybe the public will gleefully accept these devices, but what is currently available is simply not safe to use under all conditions by any reasonable standard. The relatively small wheels alone virtually guarantee a tumble when encountering even a small imperfection in the road. On a related matter I found it interesting that the response by Ant Bike to statements from CDD that they were not permitted in Cambridge led them to place two of them in the park next to the City Hall Annex where CDD is located. (I moved them outside to the sidewalk.) On the same day that the City of Lynn announced that they were not allowed, seven of them appeared along one stretch of Main Street in Kendall Square (with five of them lying on their side restricting pedestrian movement). What they see as "economic disruption" is hard to distinguish from "obnoxiously aggressive".

Committee Report #2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Jan Devereux, Chair of the Transportation & Public Utilities Committee, for a public hearing held on Sept 20, 2018 to discuss reducing the speed limit to 20 MPH on residential streets citywide and the creation of 20 MPH safety zones on certain other streets.

My primary comment at this hearing was that there were some city councillors who would gladly reduce the speed limit to 0 MPH if this was permissible under state law. The simple fact is that almost all drivers operate their vehicles safely under the current 25 MPH limit. The problem is the scofflaws for whom the legal limit will be ignored no matter where you set it. Consistent enforcement is what’s important, though there are some streets and specific locations where a 20 MPH limit is advisable. I also think the City should seriously consider the use of a "shared street" model with an even lower speed limit in some heavily pedestrian areas. This would have been my choice for Brattle Street where the City installed those counterintuitive segregated bike lanes. A much better solution would be to make that entire stretch of Brattle Street a two-way low-speed shared street for all. – Robert Winters

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