Cambridge Civic Journal Forum

Pre-Fall – Select menu items from the Sept 17, 2018 Cambridge City Council Agenda

The boys and girls return to the playground this week. Here are a few things that caught my eye.

Manager’s Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to recommendations of the Community Preservation Act Committee (CPAC) for FY2019.

80% housing, 10% open space, 10% historic preservation – same as every year. Not negotiable.

Manager’s Agenda #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommended appointment of the following person as a member of the Cambridge Housing Authority for a term of 5 years: Elaine DeRosa

I cannot think of a better choice for this important appointment.

Committee Report #3. 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 Wed, June 20, 2019 to discuss the potential for a City-based Cannabis Social Equity Program, focusing on ways to reduce barriers to entry in the commercial Cannabis industry.

Manager’s Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt the Cannabis Zoning Petition with suggested revisions and additional considerations.

I’m a little curious about this: "Board members suggested further study of whether mobile facilities could be allowed, given that a mobile facility operating on a temporary basis might provide lower barriers to entry for small businesses that cannot afford typical retail rents." Are they talking about pot trucks to go along with the food trucks? When I was a kid there was a Good Humor Man who got caught selling dope out of his ice cream truck. Nowadays they’d just call that economic empowerment.

Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to the reappointment of the following persons as a members of the Library Board of Trustees: Karen Kosko, Patricia Payne and Nancy Woods.

Excellent appointments all around.

Applications & Petitions #3. An application was received from the Office of the Mayor McGovern requesting permission for a temporary banner across Massachusetts Avenue in front of City Hall promoting the Indigenous Peoples’ Day from Oct 3, 2018 thru Oct 15, 2018.

Most people just celebrate this as Day Off. No banner necessary.

Resolution #3. Resolution on the death of Frances (DeGuglielmo) Tingle.   Councillor Simmons, Councillor Toomey

Resolution #6. Retirement of Attorney David Sullivan from the Massachusetts State Senate.   Mayor McGovern

Resolution #29. Retirement of William"Bill" Dwyer from the Department of Public Works.   Mayor McGovern

One thing not everyone knows is that the Department of Public Works is a community with many people who work for decades, sometimes their entire working life, within DPW. Retirements of people like Bill Dwyer are a very big deal indeed.

Order #1. That the City Manager is requested to work with the Community Development Department to establish a Senior Living Overlay District at the current site of Sancta Maria Nursing Facility to encourage and incentivize redevelopment specifically for continuum of care services.   Councillor Mallon

I think we’re starting to get a bit too prescriptive with Cambridge zoning, especially with the introduction of "overlay districts" for every imaginable use. Many of us would like to see opportunities for senior living or a place where artists can flourish. We would also like places to buy affordable groceries. Is the creation of an overlay district to dictate one use while preventing other potential good uses the right way to go? It’s one thing to classify land use as residential, commercial, industrial, etc., but how far down should this categorization go?

Order #3. That the City Manager is requested to confer with the appropriate City departments and relevant housing partners to aggressively attempt to obtain, or help others obtain, the Santa Maria property for purposes of affordable housing.   Councillor Kelley, Councillor Toomey, Mayor McGovern

Whatever happened to the idea of a relocated Public Works Yard? I’m not necessarily recommending this, but putting DPW on Concord Ave. and building mixed-income housing on the current DPW site isn’t a crazy idea.

Order #4. That the City Manager is requested to work with the Police Commissioner to increase enforcement of the Bike Lane Bill to keep our bicycle infrastructure free and unobstructed.   Mayor McGovern, Vice Mayor Devereux, Councillor Zondervan

Does this apply to Really Bad Bicycle Infrastructure (RBBI)?

Order #7. That the City Manager is requested to report back to the City Council on the tax status, zoning history, and sale of The Constellation Center’s Parcel C in Kendall Square.   Councillor Kelley, Councillor Toomey

Anyone who has followed this knew this Order would eventually come. That will be an interesting and likely fruitless journey down the road of Retroactive Zoning & Tax Classification. Looking forward would make a lot more sense, but I’m sure I’ll find the history interesting.

Order #12. That the City Manager is requested to work with the Economic Development Division to regularly update the vacant property database as well as review the strategies presented in the Storefront Vacancies Best Practices Report and report back on the feasibility of implementing these recommendations.   Councillor Siddiqui, Councillor Mallon, Councillor Zondervan, Councillor Carlone

I testified recently at a follow-up meeting of this committee about the potential unintended consequences of encouraging "pop up" businesses to occupy vacant spaces at (presumably) much lower rents than nearby businesses. I can easily see a seasonable "pop up" store showing up and stealing all the holiday business away from an existing business. The temporary filling of a vacant store could then lead to another vacancy.

Order #13. That the City Manager is requested to direct the City Solicitor to provide a legal opinion on a Motion to Rescind.   Councillor Zondervan

Order #14. That the City Council rescind its vote of July 30, 2018 failing to send the climate safety (Brown, et al) petition to a second reading, thereby taking no action on the petition.   Councillor Zondervan

Our petulant Councillor Zondervan continues to stomp his feet in protest over the failure of the Nakagawa-Brown petition to be passed to a 2nd Reading. First he tried to file reconsideration, and now he wants to go for the legislative equivalent of annulment. I am not a lawyer (IANAL) and I have no prior knowledge of anyone ever looking to do pull a "Motion to Rescind" on a prior vote, but consider the ramifications of such a thing. A local legislature votes on a zoning matter (one way or another) and the matter is finalized. A property owner then happily goes to the bank to secure financing now that the road has been cleared. Then a month or so later the local legislature comes back and cries "Do Over" like that annoying kid who didn’t like the fact that the other kids prevailed in the ball game.

Committee Report #5. 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 Aug 13, 2018 to discuss revisions to the proposed Municipal Code amendment to create a new chapter 12.22 entitled “Surveillance Technology Ordinance;” said revisions were submitted to the City Council on June 25, 2018.

The interesting aspect of this (at least to me) is the legal separation of authority under the City Charter. The City Council may be the body that sets general policies, but can you imagine the ensuing chaos of having the Cambridge City Council micromanaging how the Cambridge Police Department conducts its day-to-day operations or how it responds to an emergency situation? It’s one thing to set parameters and maintain a dialogue, but police investigations should not be arbitrarily constrained by people trained more in politics than in police work.

Committee Report #6. 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 July 23, 2018 to discuss a proposed amendment to the Municipal Code in Chapter 10.17 entitled “Vehicle Trip Reduction Ordinance” in section 10.17.070 entitled “Fees for Residential Parking Stickers.”

I attended this meeting. My impression is that we have several elected officials who have never seen a fee increase or a tax increase that they didn’t embrace and celebrate. The simplest way to understand fees is to make clear the distinction with taxes. A fee pays for a service, and the money raised has to support that service. It’s not just another revenue source like a tax that can be used for whatever pet project a councillor wants to support. Personally, I find the notion of renewing a parking sticker every year a bit ridiculous. We accept it only because we’re familiar with the routine (and the long lines for some). A much better system would be to pay a one-time fee for a sticker that’s good for as long as you own the vehicle and still live in Cambridge. It would be easy to encode the sticker for easy verification against City databases. The only people waiting on lines would then be for new residents or new vehicles.

Committee Report #8. 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 Aug 8, 2018 to discuss City Council petition to amend the Zoning Ordinance in Article 5.000 as it relates to rainwater and flat roofs.

As an owner of a triple-decker with a flat roof, I completely understand the concerns about clogged drains and why someone might seek an alternative design. The ideas in this zoning petition have merit. The only issue should be how to ensure that one person’s cure is not another person’s cause of trouble, i.e. rainwater being diverted to an unwelcome place. – Robert Winters