Cambridge Civic Journal Forum

November 8, 2010

Nov 8, 2010 City Council Agenda – After capitulation, the post-recission Council moves on to other business

Filed under: City Council — Tags: , — Robert Winters @ 3:54 pm

Nov 8, 2010 City Council Agenda – After capitulation, the post-recission Council moves on to other business

Last week’s meeting (sorry, I missed it) featured the recission of two provisions of the thoroughly misrepresented Ordinance No. 1335 amending the Sign Ordinance. The City Council, while expressing its disgust with the manner in which the petition campaign to challenge the Ordinance was conducted, voted 8-1 to rescind the two provisions and called for the establishment of a Task Force to further study the matter and make recommendations. This was a politically safe strategy and, except for Councillor Toomey’s NO vote, showed a willingness among councillors to not let any one of them be singled out for political retribution. It’s hard to say where things will go from here, but Council Order #4 this week gives a hint of potential volatility. Cambridge conspiracy theorists naturally assume that the new Task Force will be stacked to ensure a pre-determined end.

Meanwhile there’s this:

Manager’s Agenda #9. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation for the approval of a loan order in the amount of $14,535,000 as well as a vote relative to Chapter 2.110 ("City-Owned Land and Buildings".)

This is the Big Item on this week’s Agenda. Residents and elected officials have been waiting a long time to hear about what would eventually become of the former Police Station as well as a couple of currently surplus school buildings. This answers the Police Station part of the question – a proposed multiple use for the Cambridge Housing Authority, the Community Learning Center, and the City’s Multi-Service Center. This is a win-win-win solution if the details can be worked out – a Multi-Multi-Service Center.

Agenda Item No. 9A     Nov 8, 2010
ORDERED: That $14,535,000 is appropriated for remodeling, reconstructing, and making extraordinary repairs to the original police station at Five Western Avenue in Central Square, including HVAC, plumbing, and electrical system improvements as well as other interior and exterior renovations, including any and all incidental costs related thereto; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $14,535,000 under Chapter 44 of the General Laws or any other enabling authority.

Agenda Item No. 9B     Nov 8, 2010
ORDERED: Pursuant to the provisions of G. L. c. 121B, § 23(d) authorizing the City to "establish exceptions to existing ordinances and bylaws regulating the design, construction and use of buildings" in order to work cooperatively with the Cambridge Housing Authority in the planning, construction and operation of a project, the City Council hereby establishes an exception to Chapter 2.110 of the Cambridge Municipal Code, to the extent that said Chapter may be applicable hereto, and orders that said Chapter shall not apply to the leasing and/or redevelopment of City property at the former Cambridge Police Department Headquarters at 5 Western Avenue, and hereby authorizes the City Manager to enter into an agreement with the Cambridge Housing Authority for the leasing and/or redevelopment of this property, as set forth in the City Manager’s Nov 8, 2010 letter to the City Council.

We’ll still have to wait and see what the future holds for the old Graham & Parks building on Upton Street as well as the old Longfellow School building on Broadway. The Longfellow building seems destined to be "swing space" for a parade of school building renovations around the City just as it is now serving as the temporary home of the CRLS 9th Grade during renovations at the high school. Many Mid-Cambridge residents hope that the old Longfellow building will once again become a permanent school building once all the system-wide renovations and consolidations have occurred. Mid-Cambridge is the most populous neighborhood in Cambridge and currently has no neighborhood elementary school.

Order #1. That the City Manager be and hereby is requested to direct the Election Commissioner to look into the discrepancies of voters being "inactive" or registered under a misspelled or wrong address.   Councillor Cheung

This Order is singled out entirely for the humor contained therein. Councillor Cheung misspelled the word "mispelled" in the first WHEREAS.

Order #2. That the City Manager is requested to advise the City Council on how to facilitate a public yard sale.   Vice Mayor Davis

Craigslist? Posters? Flyers? C’mon, Henrietta, do you really need to seek the advice of City departments for an answer on how to do this? Besides, Cambridge residents seem to be rather expert on organizing community-wide yard sales without the need for nanny government to make it happen. In Mid-Cambridge, they do a great job on Fayette and Antrim Streets (and elsewhere). The same is true all over town. Perhaps the City would be well-advised to just get out of the way.

Order #4. That the City Manager is requested to set up a process to reach out to experts and the public in order to create a balanced panel to participate in the Sign Ordinance Task Force.   Vice Mayor Davis and Councillor Kelley

See remarks above. Balanced is in the eye of the beholder. Furthermore, even the most "balanced" of committees is guaranteed to be accused of bias if it recommends anything other than what the listener wants to hear.

Order #8. That the City Manager is requested to confer with the Human Services Department about the feasibility of hosting a weekly contra dance at the West Cambridge Youth and Social Center and report back to the City Council on this matter.   Councillor Decker

Many of you may recall that the contra dancers were the biggest constituency who came out to protest the proposed arrangement between the Huron Ave. VFW Post and the City to reconstruct the facilty in order to house both a replacement for the VFW Post and the proposed West Cambridge Youth Center. The old VFW Post had been rented by the contra dancers who feared losing the dance hall. They frequently referred to the rare and marvelous "sprung floor" of the facility. Upon inspection, it turned out that there was no sprung floor at all – just greatly deteriorated support under the floor rendering it vulnerable to collapse. In Cambridge, we don’t like to allow facts to get in the way of an attractive argument. The City did eventually alter their plans to allow for a wider variety of uses in the new community center. It’s strange that the contra dancers are only now considering moving back to Cambridge.

Order #9. That this City Council go on record recommending that Cabot, Cabot and Forbes reconsider naming Plumb House as the general contractor on the project on Fawcett Street.   Councillor Decker, Councillor Toomey and Councillor Reeves

Once again, the Cambridge City Council thrusts its collective nose into places it does not belong. The three sponsors of this Order state, "Plumb House has a history of bringing in its own workers and not utilizing the skill of local workers." So what? The property is being developed by Cabot, Cabot and Forbes who chose a general contractor whose workers are not, to the best of my understanding, indentured servants. They choose to work for this contractor and they receive wages in return – simple. They are not being forced to work. The sponsors state that Plumb House does not meet "community standards regarding wages and benefits," but it sure would be nice to see a sampling of the actual wages and benefits these workers receive rather than referencing "community standards" as though this actually means anything. My guess is that they’re OK with their wages and benefits even if the Cambridge City Council thinks otherwise.

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Housing Committee, for a public meeting held on Aug 4, 2010 for the purpose of receiving an update from the Affordable Housing Trust.

This Report has lots of quotable quotes in it – mainly statements from the Cambridge Affordable Housing Catechism that states that all affordable housing developments are great and that anyone who raises any questions is evil. For example:

"Councillor Decker said that the City Council and the residents need to have more data about why Cambridge still needs affordable housing, and how many Cambridge residents are struggling to stay in Cambridge. Supporters of affordable housing also need the hard data and facts to counter the false assertion that the 80-10-10 split of CPA funds keeps Cambridge from acquiring and preserving open space. Councillor Decker expressed her grave concern with respect to political fear mongering regarding poor people and ‘those people’ who live in affordable housing."

There’s also this Committee Report on the "digital divide":

Committee Report #3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Cable TV, Telecommunications and Public Utilities Committee for a public meeting held on Oct 14, 2010 to discuss the digital divide and the potential for using teleconferencing in the schools.

Much of this report tells the tale of the City’s efforts to bridge the digital divide by arranging for free computers and free Internet and WiFi access in public housing developments. The report seems to suggest that those who planned these installations envisioned a population who could not afford computers and who would be using these resources to look for jobs and to access essential information. CCTV director Susan Fleischmann stated that "massive amounts of data are being downloaded and this could be why the system is slow. CCTV has no resources to do the monitoring." Seems like music and video downloads are what is actually being provided. Also contained in the minutes of this meeting is this delightfully cryptic statement from Councillor Cheung, most certainly garbled in translation:

"Councillor Cheung stated that not all search engines are created equal. Google, he said, is located next to a power plant."

Perhaps that’s the "engine" in the "search engine." — Robert Winters

November 1, 2010

Nov 1, 2010 City Council Agenda – Light agenda – Sign Ordinance reconsideration vote could happen this week or next

Filed under: City Council — Tags: , — Robert Winters @ 12:07 pm

Nov 1, 2010 City Council Agenda – Light agenda – Sign Ordinance reconsideration vote could happen this week or next

This week’s meeting has little on the agenda, but Unfinished Business #7 (reconsideration of two provisions of the recently enacted Ordinance No. 1335 relating to the Sign Ordinance) will surely elicit discussion and possibly a vote. If not voted this week, state law requires that the matter must be reconsidered no later than next week (by Nov 9). If the original vote stands, these provisions will remain suspended pending a ballot question to dispose of the matter. The most politically safe thing for the City Council to do would be to approve a Special Election on this single matter (thereby not confounding their own reelection campaigns next November). However, the City Manager has estimated that a Special Election would cost approximately $170,000 (an itemization would have been helpful, as this estimate seems unusually high). The Manager’s response (City Manager’s Agenda #10) is worth reading and broadcasting to others.

City Manager’s Agenda #10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-164, regarding a report on outlining the ordinance changes to the Zoning Ordinance as it pertains to signs and the impact of repealing Paragraph D3 and E of Ordinance #1335.

Unfinished Business #7. A communication was received from D. Margaret Drury, City Clerk, transmitting notification of the certification of 11,461 signatures of registered voters by the Election Commission of a referendum petition entitled "SAVE OUR SKYLINE" filed with the Election Commission on Oct 15, 2010. The petition protests Paragraph D.3 of Section 7.16.22, Building Identification Signs, and Paragraph E of Section 7.16.22, General Waiver of Sign Limitations, part of Ordinance No. 1335 amending Section 7 of the Zoning Ordinances of the City of Cambridge (the Sign Ordinance).

The following other items are at least somewhat interesting, though barely noteworthy.

Order #2. The City Council supports the mission of the Massachusetts Product Stewardship Council working with other Massachusetts municipalities and other states to move EPR policy forward, and supports the Framework Principles for Product Stewardship Policy.   Vice Mayor Davis

Order #3. That the City Manager be and hereby is requested to direct City staff to investigate ways in which the City can work with the Metropolitan Area Planning Council on opportunities in Cambridge related to the grant which will support the implementation of MetroFuture.   Councillor Seidel

Order #4. That the City Council go on record acknowledging that the shared planning challenges of the Boston Metro area need to be addressed regionally, and appreciating that the grant from HUD will allow this important work to happen.   Councillor Seidel

Order #5. That the City Manager be and hereby is requested to review the facade improvement program as part of the FY2011/2012 budget programs for reorganization and increase the funding if possible.   Councillor Reeves

In particular, a few additional notes have been appended after the text of Order #5 to clarify some of its shortcomings. Good help can be so hard to find in this down economy. — Robert Winters

October 25, 2010

Oct 25, 2010 City Council Agenda – Not your typical City Council meeting

Filed under: City Council — Tags: , — Robert Winters @ 1:56 am

Oct 25, 2010 City Council Agenda – Not your typical City Council meeting

This week’s meeting was supposed to be a Roundtable meeting complete with flipcharts and a facilitator. Thankfully, an Order from the previous week did away with that annoyance. There’s another reason for the switch to a regular business meeting – the referendum petition entitled "SAVE OUR SKYLINE" filed with the Election Commission on Oct 15, 2010. The petition protests Paragraph D.3 of Section 7.16.22, Building Identification Signs, and Paragraph E of Section 7.16.22, General Waiver of Sign Limitations, part of Ordinance No. 1335 amending Section 7 of the Zoning Ordinances of the City of Cambridge. That’s the technical name for the "Sign Ordinance" that was recently modified so that a party wishing to have a building identification sign would no longer seek a variance from the Board of Zoning Appeals but would instead seek a Special Permit from the Planning Board subject to certain reasonable standards. If you think this sounds like a relatively minor technical change, you would be correct.

The "Save Our Skyline" group submitted a whopping 15,535 signatures (obtained in large part via paid signature gatherers) to the Cambridge Election Commission of which 11,461 were certified as valid. This represents about 18.2% of the current 62,947 registered Cambridge voters – well in excess of the 12% required under M.G.L ch. 43, sect. 42 for a referendum protesting a local ordinance. Having met the required threshold, the ordinance is now suspended and the City Council is required to reconsider its original 6-3 vote. If one councillor flip-flops on this matter from YES to NO, that ends it – the amendment is defeated (a two-thirds vote is required for a Zoning amendment). If the City Council maintains its 6-3 vote, then the matter will appear on next year’s municipal ballot, OR the City Council may vote to authorize a Special Election before then on this single issue.

Except for the seemingly boundless amount of money thrown at this campaign, this is a relatively unimportant matter that has been propagandized beyond belief via inflammatory mailings and robocalls. That said, some councillors are nervous about the potential political fallout. Ideally, we will be treated to a clear and a rational explanation by all of the councillors on what the amendment does and does not do and why they voted the way that they did. It is, however, just as likely that Monday will bring a Royal Flip-Flop with some nonsensical rationale explaining "why I was for it before I was against it."

The matter in question is on the Agenda under "Communications and Reports from City Officers" which normally would come up late in the meeting. However, with a sizable crowd likely, it’s quite possible thet the rules may be suspended to take this up earlier.

This isn’t the only item of note on this week’s Agenda. There are also these notable items:

City Manager’s Agenda #2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 10-127 and 10-151, regarding a report on plans for the Grand Junction Railroad.

Existing plans developed in recent years called for an Urban Ring bus rapid-transit service and a multi-use path along this corridor. It would seem that if Lieutenant Governor Tim Murray is reelected in another week or so as part of the Patrick/Murray ticket, we may soon see between five and twenty trains per day between Worcester and Boston whizzing across Mass. Ave. and other heavily-trafficked streets at grade level as former Worcester Mayor Tim Murray’s dream is realized.

Resolution #11. Congratulations to Councillor Kenneth E. Reeves and Gregg Johnson on their recent marriage.   Councillor Simmons, Councillor Decker, Councillor Cheung, Councillor Toomey, Councillor Seidel, Vice Mayor Davis, Councillor Kelley and Mayor Maher

After 36 years as a couple, I’d say congratulations are in order. That’s a pretty good run for any couple.

Order #3. That the City Manager is requested, to the extent allowed by relevant law, to ensure that Cambridge does not approve any permits that the developer of the Belmont Uplands may request or require from the City of Cambridge until all legal proceedings surrounding this project have been resolved.   Councillor Kelley

I have to admit that for some time I have not been entirely convinced of the merits presented by those trying to save the "silver maple forest" that abuts Little Pond just west of the old Arthur D. Little site along Route 2. However, I attended a presentation the other day by Charles Katuska about the important role that a modest-sized forested area (17 acres) can play in terms of habitat and I find myself now favoring preservation of this open space. On the other hand, this is privately owned land. The proper way to have preserved this habitat would have been for the state and/or the Town of Belmont to have purchased the site. Current plans call for building about 300 units of housing on the site, much of which is located in a flood-prone area. The Belmont Conservation Commission opposed the project, but the developer (O’Neill Properties) appealed to the state and prevailed. In addition, the developer has secured other necessary local permits. The permitting is now under appeal. It’s not clear how much leverage Cambridge has in this, but the developer does apparently need to tie the project into Cambridge’s municipally owned sewers.

Order #4. That the Neighborhood and Long Term Planning Committee is requested to hold a hearing(s) with the intention of developing a more effective method for the City Council and Cambridge residents to discuss mitigation concerns during zoning discussions.   Councillor Kelley

It’s interesting that we have now reached the point where the appropriateness of a development proposal is now regularly eclipsed by consideration of what kind of mitigation can be squeezed out of the developer or owner of the property. It makes you wonder if "Long Term Planning" plays any role at all any more or if it’s all about using zoning restrictions to determine the price of doing business. This somehow does not seem consistent with the original intent of the legislation (M.G.L. Chapter 40A) that enabled local zoning ordinances.

Order #7. That the City Council go on record encouraging voters to vote no on Ballot Question 3 in the Nov 2 election.   Councillor Simmons

Order #8. That the City Council go on record encouraging voters to vote no on Ballot Question 1 in the Nov 2 election.   Councillor Simmons

It should come as no surprise that the City Council as well as other government officials here and elsewhere are opposed to the ballot questions being put to voters this November, and Questions 1 and 3 in particular. Question 1 would eliminate the sales tax on alcoholic beverages. Question 2 would effectively end the Chapter 40B "snob zoning" law that’s been used to promote low-income housing projects in cities and towns with little "affordable" housing. Question 3 would cut the state sales tax from the current 6.25% down to 3%.

The unfortunate thing about ballot questions like these is that voters often have to choose between two extremes. The argument against Question 1 is that it would result in the loss of revenue to support treatment programs for people with alcohol and drug addiction. However, are all revenues raised by this tax actually dedicated toward this purpose or just a portion of the revenue? If one could be assured that worthwhile programs could be preserved and nonspecific revenue curtailed, now that would be a good choice. Ideally, Question 2 would not call for the end of Chapter 40B, but rather the curtailment of its abuse by developers who use it as a bludgeon against local objections. Most significantly, Question 3 might call for a rollback of the state sales tax to the 5% rate that most residents had grown accustomed to rather than down to 3%.

This is the dreadful thing about "direct democracy." The public is often not given a proper choice other than what advocates on one side of the other wants. On the other hand, that’s why we supposedly have representative government – to elect representatives who will carefully consider all matters and reach compromises that most residents can live with. Unfortunately, in a state where one party controls virtually everything, there is little in the way of dynamic balance to ensure the kind of middle ground that many of us would prefer. I wouldn’t mind seeing some political diversity grow out of the upcoming election.

Specifically on the sales tax question, I will likely vote NO for entirely selfish reasons. If the sales tax is cut in half, it is doubtful that the City of Cambridge will slash all programs in the wake of reduced local aid. Property taxes will therefore rise closer to the levy limit. As a relatively low-level consumer, sales tax does not add up to a whole lot for me in a given year. On the other hand, I would really not like to see my property taxes leap up to cover the costs of the various necessary and unnecessary programs that will doubtless continue to be funded. It will likely cost me more if the sales tax is slashed. — Robert Winters

October 4, 2010

Oct 4, 2010 City Council Agenda Highlights

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

Oct 4, 2010 City Council Agenda Highlights

Today we’ll be having two City Council meetings. At 3:00pm there will be a Special City Council meeting to discuss the costly Cambridge Review Committee Report that grew out of the absurd Gates-Crowley kerfuffle of Summer 2009. There are indications of efforts to pack this meeting with partisans on one side of this dated conflict so, as is usually the case, attendance at this meeting will be indicative of nothing. Frankly, we’d be better served if we all went out for a few beers. I hear Obama’s buying.

Far more significant is the Regular City Council meeting that will follow at 5:30pm. There will be a 6:30pm hearing on the City’s recommendations to the Department of Revenue that will determine the property tax rates for FY11. According to the City Manager’s communication, a 5.69% increase in the property tax levy is anticipated for a total levy of $283,961,699. The residential tax rate is expected to be $8.16 per thousand dollars of assessed value and the commercial tax rate is expected to be $19.90 per thousand.

The median tax bills are expected to rise 8.59% for single-family homes, 5.96% for condominiums, 3.80% for two-family homes, and 3.73% for three-family homes. (These figures include the residential exemption.) The overall valuation of the City’s residential property decreased 0.47% during Calendar Year 2009 while commercial property decreased 0.41%. As is always the case, changes in property values were not the same throughout Cambridge. Single family homes saw the greatest increase (+5.5%) along Grove Street at the western edge of Cambridge and the greatest decrease (-9.06%) in the Shady Hill neighborhood. Condominiums saw the greatest increase (+0.96% – barely noticeable) in Area 4 and the greatest decrease (-5.62%) in East Cambridge. Two-families increased in only one district (+2.87%) around Huron Village and saw the greatest decrease (-9.98%) in Neighborhood 10 (Brattle Street area). Three-families saw the greatest increase (+5.23%) in Shady Hill and the greatest decrease (-8.60%) in the vicinity of Fresh Pond.

The required roll call votes are as follows:

A. Authorize the use of Free Cash of $11,400,000 to reduce the FY11 tax rate;

B. Authorize $2,000,000 in overlay surplus/revenues to be used for reducing the FY11 tax levy;

C. Authorize $8,300,000 from the Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

D. Authorize $1,198,615 from the School Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

E. Classify property into five classes;

F. Adopt the minimum residential factor of 56.3344%;

G. Approve the maximum residential exemption factor of 30% for owner-occupied homes;

H. Vote to double the normal value of the statutory exemptions;

I. Vote the FY11 exemption of $280.00 allowed under MGL Chapter 59, Section 5, Clause 17D;

J. Vote the FY11 asset limits of $55,775 allowed under MGL Chapter 59, Section 5, Clause 17E;

K. Vote the FY11 income and asset limits allowed under MGL Chapter 59, Section 5, Clause 41D as follows: Income limits of $23,061 for single and $34,592 for married; and asset limits of $46,122 for single and $63,418 for married;

L. Vote the income limit for deferral of real estate taxes by elderly persons as determined by the Commissioner of Revenue for the purposes of MGL Chapter 62, Section 6, subsection (k) for a single person ($51,000) and for married ($77,000);

M. Vote to lower the interest rate by 4% to 14% for overdue water and sewer bills in FY11; and

N. Vote to accept MGL Chapter 200A, Section 9A, which allows for an alternative procedure for disposing of abandoned funds held in custody by the City as provided for in the recently enacted municipal relief legislation.

Otherwise, the meeting agenda is very light with no controversial items. The interesting Orders are as follows:

Order #7. That the City Manager is requested to confer with the Community Development Department on how the transition of the Grand Junction Rail Road to Commuter Rail traffic could impede the implementation of the Grand Junction Rail Trail and report back to the City Council.   Councillor Toomey

This evolving issue promises to be a source of controversy as the Tim Murray Express rolls on through Cambridge. Councillor Toomey’s latest Order on this matter focuses on other uses that have been proposed for this rail corridor – most notably the idea of a Grand Junction Rail Trail. It’s hard to imagine commuter rail trains whizzing through the eastern part of Cambridge with six at-grade street crossings – some in pedestrian intensive areas.

Order #8. That the City Manager is requested to report back on the language in the noise ordinance as it relates specifically to the noise of car radios and what steps the police can take and what steps residents can take to combat and end this disturbance.   Councillor Decker

O-8     Oct 4, 2010
COUNCILLOR DECKER
WHEREAS: The decibel level of the bass of some car radios is at such a level that it causes an enormous disturbance and distress when said cars are in motion, stopped at traffic lights, and idling; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back on the language in the noise ordinance as it relates specifically to the noise of car radios and what steps the police can take and what steps residents can take to combat and end this disturbance.

Some of us have been bringing up this matter for years only to have it fall on deaf City Council ears. Maybe Marjorie will be the one to finally convince her colleagues that the scourge of these vehicles is far more annoying and ever-present than signs on commercial buildings or the occasional leaf-blower. As a resident who lives on a street (Broadway) close to a traffic light, I would be happy to have the traffic light removed just to eliminate the annoyance of loud sound systems in cars driven by people with tiny brains. My recollection is that when Councillor Davis tried to bring up this issue of "boom cars" several years ago, she was stonewalled by Councillor Reeves. Let’s hope everyone has learned a thing or two since then. Perhaps the biggest difficulty is that most of the city councillors live on relatively quiet streets and don’t appreciate just how invasive these idiot cars can be. As a Walden Street resident, my guess is that Councillor Decker is treated to a front row seat just like those of us who live on Broadway, or Cambridge Street, or Mass. Ave., etc. Indeed, I believe Marjorie is the only one of the nine who is regularly treated to this abuse.

Order #9. That the City Manager is requested to confer with the Public Health Department and ask for a report back on the feasibility of Cambridge following suit with banning smoking in public parks, beaches and other public places.   Councillor Decker

I believe the City Council already voted to ban smoking in public parks, but it’s doubtful that it was ever enforced. [Section 8.28.090 of the Municipal Code – Prohibition of Smoking in Public Places: A. Smoking Prohibited: No person shall smoke nor shall any person be permitted to smoke in any public place or municipal facility.]

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Co-Chair of the Ordinance Committee, for a hearing held on Sept 23, 2010 to continue to consider a proposed amendment to Chapter 10.17 of the Municipal Code entitled Vehicle Trip Reduction Ordinance to increase the residential permit parking fee from $8 to $20 effective in 2011 and $25 effective in 2013, and to clarify that the fee revenue can be expended on "other actions addressing climate change."

This matter awaits a vote at the next regular City Council meeting (October 18). The fee is not excessive, but the earmarking toward "other actions addressing climate change" deserves some discussion. — Robert Winters

September 27, 2010

Sept 27, 2010 City Council Agenda Highlights

Filed under: City Council,cycling — Tags: , , , — Robert Winters @ 1:01 pm

Sept 27, 2010 City Council Agenda Highlights

Perhaps the hottest item on tonight’s agenda is one that has received far more attention than it deserves. Earlier this year, staff at the Community Development Department suggested that changes might be in order for the current practice of seeking variances to the part of the Zoning Code relating to signage on buildings. This led to a City Council Petition that would regularize this process and shift things from seeking a zoning variance from the BZA to seeking a special permit from the Planning Board. Part of the logic was that the Planning Board and related staff were more attuned to design issues and that the mechanism might in this way be made more fair and consistent with citywide planning goals and standards. Then the excrement hit the blades.

This proposed zoning amendment should never have been a big deal, but this changed when inflammatory material showing the Charles River’s Cambridge shoreline lit up like Las Vegas with major corporate logos was circulated by opponents to the amendment. There were deficiencies in the original draft that could have led to unintended consequences around the city, and these were best illustrated by a spoken “virtual trip” through Cambridge by Kevin Crane (legal counsel for a major opponent of the proposed change) before the Planning Board during one of two summer meetings on this topic. However, the inflammatory rhetoric and graphics were never a realistic depiction of even the worst-case scenario of what could have happened as a result of the proposed changes. A series of amendments were proposed, the matter had its hearings before the Ordinance Committee, and it’s now ready for a City Council vote.

Whenever zoning controversies loom over the Cambridge City Council, they will often simply punt. That is, they will either re-file the petition under the hope that a settlement can be reached or that the controversy will die down. Either that or they will seek some kind of Solomonic compromise that averages the interests of both sides not necessarily to find the best solution but to get past the controversy. In the case of zoning petitions strategically filed so to come to a vote immediately before a municipal election, populism will often prevail. In the case of the sign ordinance changes, there is no municipal election in sight and it would seem that recent modifications to the original proposal should help grease its way to ordination. However, anything could happen. The relevant agenda items follow:

Unfinished Business #5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on Sept 7, 2010 to consider a petition filed by the City Council to modify the Zoning Ordinance regulation of signs. the question comes on passing to be ordained on or after Sept 27, 2010. Planning Board hearing held July 6, 2010. Petition expires Oct 5, 2010.

City Manager’s Agenda #6. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Zoning Petition to Revise the Sign Ordinance – Article 7.000. [The Planning Board recommends that the original Petition be approved with amendments. The changes recommended by the Board to the original Petition language of the Building ID Signs section are summarized below.]

  • Establishment of a special permit process before the Planning Board.
  • A narrowing of the zoning districts where such signs may be permitted, to areas of concentrated office development at the eastern and western ends of the city.
  • Restriction of the signs to non-residential buildings only that are at least 100,000 square feet in size.
  • Limiting the signs to identifying the whole building or an office tenant occupying a significant portion of the building. The Planning Board recommends that at least 25% of the leasable area of the building be presumed to be significant.
  • Prohibition of such signs in local conservation and historic districts.
  • Enumeration of the criteria for approval of the Building ID Signs, including: how the sign would be viewed from nearby residential districts, open space, historic districts, and the Charles River; light pollution.
  • An articulation of the purpose of the provision.
  • A relaxation of one standard in the current Sign Ordinance to allow the placement of an ID sign on the screening wall of mechanical equipment located above the building’s roof where that placement would better integrate the sign into the architecture of the building.

If this were the only item on the agenda, we might be treated to a hefty dose of public comment by those who choose to remain only partially informed, followed by a quick vote and the dismissal of otherwise routine matters. But, alas, there are a couple of other juicy items on tonight’s menu – specifically on the Reconsideration portion of the agenda.

Reconsideration #1. Reconsideration filed by Councillor Toomey on the affirmative vote taken on September 13, 2010 to refer to the Ordinance Committee and to pass to a second reading a proposed amendment to the Municipal code that would increase the residential parking sticker fee. [Charter Right exercised by Councillor Toomey on City Manager Agenda Item Number Thirty-Six of August 2, 2010. On September 13, 2010 motion of Vice Mayor Davis to refer to Ordinance Committee and Passage to a second reading on roll call 7-1-1.]

After a summer committee meeting on this topic, I was inclined to believe that this would actually pass with only token opposition. After all, the current fee of $8 has been in place for nearly 20 years and it was stuck at $5 for long before that. There is an obvious logic to some kind of fee increase. However, besides the argument that these fees were never meant to be anything more than nominal fees, the matter is complicated by the fact that these fees are now embedded into an ordinance (the Vehicle Trip Reduction Ordinance) which restricts the uses for this revenue. Perhaps more significantly, the collection of fees for resident permit parking was established in a 1965 Special Act of the Legislature that specifies that this revenue may only be used for traffic & parking related matters.

Normally this would be fine, but it has been publicly stated now by the City Manager and others that one use of this proposed fee increase would be to “get the message out” about climate change in conjunction with the agenda of the recent “Climate Congress” of activists that took place in a series of City Hall meetings this past year. It is clear that some members of the public and some city councillors take issue with this earmarking of revenues for the benefit of one interest group. Some have argued that, despite the virtue of the proposed purpose, use of this revenue should be subject to the same budget processes as all other matters while remaining consistent with the uses specified under state law. Of course, the real bottom line is that there are political advantages to saying that you stood in opposition to a fee increase, and that inclination could prevail if the rhetoric starts to thicken. This could come to a vote as late as October 18 and still be viable for the 2011 calendar year.

Reconsideration #2. Reconsideration filed by Vice Mayor Davis on the vote taken failing to refer to the Ordinance Committee a response relative to Awaiting Report Item #10-116, regarding a report on the impact of decriminalization of marijuana possession. [Motion of Councillor Cheung to refer to Public Safety Committee failed 4-4-1. Motion of Vice Mayor Davis to refer to Ordinance Committee failed 4-4-1.]

Regrettably, I was gone by the time this vote was taken on Sept 13 (as was Councillor Decker – hence the tie vote). I believe the sole purpose of the Ordinance suggested by Police Commissioner Robert Haas in this report was to give Cambridge Police more tools for controlling public consumption of pot, including the ability of police to confiscate the dope. I would be curious to know who stood on either side of this issue as well as their reasons, but for that I may have to watch the video.

Order #2. That the City Manager is requested to report back to the City Council on the planning process for the  Concord Avenue redesign, the outreach efforts to inform the public of the project and how the planned changes in bike facilities in the project area were advertised in the outreach efforts.   Councillor Kelley

Committee Report #2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee, for a meeting held on Aug 10, 2010 to discuss bike facilities including bike lanes, bike tracks and bike parking.

I was not a bystander in this matter. There does seem to be a growing trend within some City departments to treat cyclists as children and to move them onto the sidewalk along Concord Avenue and in some other locations. While it’s good to create this sidepath option for children along some roads with higher speeds and for most cyclists along highway-like throughfares such as Memorial Drive, it is a dreadful precedent to require most cyclists not to use the road along with all other vehicles. Besides the multiple inconveniences of these sidepaths, they often provide only a perception of enhanced safety when, in truth, they may actually be less safe. [Related article]

At issue in Councillor Kelley’s Order #2 is the especially annoying and very un-Cambridge recent practice of whisking some of these projects through with little opportunity for the public to respond until after the project is either under construction or out to bid.

Order #6. That the City Manager is requested to investigate the feasibility of adding historical sub-signs to street signs and replacing those sub-signs that were installed for the Bicentennial and commemorating the 200th anniversary of the War of 1812 in 2012 with street sub-signs or some other method.   Vice Mayor Davis

Though an excellent idea, one has to wonder how it can be that we are still permitted to have celebrations of any war in this ultra-politically-correct enclave. I’m sure there are those in Cambridge who would rename Hamilton Street as Karl Marx Avenue, Erie Street as Lenin Street, Perry Street as Fidel Castro Boulevard, Lawrence Street as Sisterhood Avenue, and Decatur Street as Obama Way. – Robert Winters

June 20, 2010

June 21, 2010 City Council Agenda Highlights

Filed under: Cambridge government,City Council — Tags: , — Robert Winters @ 8:53 pm

June 21, 2010 City Council Agenda Highlights

This will be the last City Council meeting before the summer recess. Monday Night Live will return on Aug 2 (and then again on Sept 13) unless some dire emergency occurs. The agenda is brief but does have one contentious Order from Council Kelley (who seems to like stirring controversy of late) challenging the preference given to current residents applying for subsidized housing.

The zoning amendment relating to the Broad Institute’s proposed expansion in Kendall Square will also have to be passed to a 2nd Reading in order to be voted at the Aug 2 (Midsummer) meeting, five days prior to its expiration. In fact, this will make three zoning petitions to be voted (or allowed to expire) at the Aug 2 meeting (including two passed to a 2nd Reading on June 14). Here are some of the more noteworthy items on the June 21 agenda:

City Manager’s Agenda #7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Number 10-46, requesting a report detailing issues of greatest importance that are before the Police Review and Advisory Board (PRAB).

There’s nothing particularly revealing in this report, but in the context of a former PRAB director’s effort to milk the City in court plus the Great Gatescapade last summer, anything even remotely related is potentially a hot topic. Expect one or more councillors to use this opportunity to branch out to several barely related matters before they head off for their summer vacation.

City Manager’s Agenda #14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Number 10-76, regarding current tree related ordinances, state statutes and informal policies.

This is referenced not because it’s such an earth-shattering topic, but rather to point out that trees and dogs are topics guaranteed to bring out the passions in Cantabrigians. Parking is #3 on the list. I suppose one could conclude from this prioritization that Cambridge is a rather sleepy little village these days. Elsewhere they worry about unemployment, violence, and substance abuse. In Cambridge we lose our minds over dog parks, leaf blowers, tree removal, and finding a parking space. Count your blessings, I suppose.

Resolution #7. Congratulations to Susan Glazer on being appointed Acting Assistant City Manager for Community Development.   Mayor Maher

This past Wednesday was Beth Rubenstein’s last day on the job as head of CDD. It will be interesting to see how the focus of the department evolves over the next few years – regardless who gets the job permanently. The City rarely makes wholesale changes in any department, and the Community Development Department is well-staffed in such areas as housing (10 people), community planning (13 people), economic development (5 people), environmental and transportation planning (9 people), plus several others – 44 full-time positions in the FY1022 Budget. Regardless what kinds of policy Orders are passed by this or any previous City Council, there is great inertia/momentum associated with such a significant professional staff – many of whom have been there for some time – and changes rarely happen overnight.

Order #1. That the City Manager is requested to work with relevant departments to change Cambridge’s housing lottery system to eliminate the residence preference.   Councillor Kelley

This Order will die on an 8-1 vote. It’s not even clear that Craig Kelley will ultimately vote for his own Order. This does, however, bring attention to some of the paradoxes inherent in several City initiatives. For example, if you locate a wet shelter for active alcoholics in Central Square, this will likely lead to an INCREASE in the number of active alcoholics in the area (unless, of course, every town were to build a wet shelter – which will not happen). If you build it, they will come. Similarly, when Cambridge takes the initiative to build “affordable housing,” the number of people seeking this housing in Cambridge will inevitably go up, not down. One can speculate that the residential preference might cause an increase in demand for this City-sponsored housing among existing residents in excess of the rate at which new housing units can be added to the supply.

If Councillor Kelley is bothered by the preference given to current residents in subsidized housing, perhaps he should also file an Order regarding the numerous well-educated and able-bodied activists who somehow manage to get subsidized housing in Cambridge. Why get a job when it might jeopardize your cheap housing?

Order #3. That the City Manager is requested to organize a forum forecasting future housing needs for older Cantabrigians that incorporates a panel of housing experts.   Vice Mayor Davis, Mayor Maher and Councillor Simmons

This is a worthwhile goal, but would this be additional subsidized housing on top of existing programs, or should there be a shift in existing resources toward elderly people who might really need the housing in resource-rich Cambridge?

Order #2. Cancellation of the June 28, 2010 City Council meeting.   Vice Mayor Davis

Rarely does a City Council Order get unanimous sponsorship prior to the meeting. This one did! Early summer vacation! Please note that of the 17 City Council committees, 8 of them have yet to meet and only 1 of these 8 has any meetings scheduled.

Order #11. That the City Manager be and is hereby requested to identify areas in need of additional bike racks and the feasibility of installing long term “bike sheds” or “bike lockers” for storage of commuter bikes near metro stations.   Councillor Cheung

The City can start by clearing out the many bicycles that have been locked and not touched for months in Central Square. That would free up quite a few locations for locking up a bike. Let’s hope the City doesn’t start cracking down on the harmless practice of locking bikes to parking meters. Rarely does this cause any obstruction or inconvenience and it greatly increases the available lockups in business districts. — Robert Winters

June 14, 2010

June 14, 2010 City Council Agenda Highlights

Filed under: Cambridge government,City Council — Tags: , — Robert Winters @ 1:58 pm

June 14, 2010 City Council Agenda Highlights

Tonight’s agenda is dominated by the disposition of several zoning-related matters. There’s also a potential time-sink in Councillor Cheung’s Order regarding the legislation recently passed by the Massachusetts House regarding illegal immigration. The Order does not just “disapprove” of the legislation, it “condemns” it. Here’s what we have, starting with the proposed amendment regarding conversion of buildings from Institutional to Residential use (which was initiated by the advertised sale of buildings by the Jesuits and the questionable suggestion by Councillor Toomey that these should be purchased in order to densely pack subsidized housing units onto the sites – Mar 22 Order #1, Apr 5 Mgr #11):

City Manager’s Agenda #6. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the City Council Rezoning Petition to Modify Section 5.28.2 Related to Buildings Occupied by Institutional Uses. [The Planning Board does not recommend adoption of the Petition as filed.]

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on May 6, 2010 to consider a proposed amendment to Section 5.28.2 of the Zoning Ordinance to expand the applicability of Section 5.28 to structures that may have been built for residential use but have been in Institutional (religious, educational, governmental) use for at least ten years.

Committee Report #2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on June 9, 2010 to continue discussion of a proposed amendment to Section 5.28.2 of the Zoning Ordinance to expand the applicability of section 5.28 Conversation of Non Residential Structures to Residential Use to include structures that may have been built for residential use but have been in Institutional Use for at least ten years.

There were significant issues raised at the committee hearings about this proposal and the Planning Board gave the idea a “thumbs down.” This proposal was primarily a reaction to the apparent sale of these buildings to Harvard University. The spirit of the proposal was similar to the rhetoric that accompanied the allocation of CPA funds toward historic preservation at Shady Hill Square, i.e. the insincere statement that subsidized housing should be built in the tonier parts of town as an act of class warfare against a perceived elite. There are also elements of resentment growing from the frequent siting of such projects in places like North and East Cambridge. In any case, zoning amendments should ideally not be proposed just because you’re pissed off.

Committee Report #3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Co-Chair of the Ordinance Committee, for a hearing held on June 9, 2010 to continue discussion of a petition by the City Council to amend the Zoning Ordinance in accord with the recommendations of the Green Building Task Force to encourage energy efficient buildings.

With a positive Planning Report and now an Ordinance Committee Report, this will presumably be passed to a 2nd Reading and ordained later this month. The zoning change would only affect new construction and large scale renovations.

Charter Right #2. Charter Right exercised by Mayor Maher on Order Number Six of June 7, 2010 requesting the City Manager to confer with the Community Development Department and Boston Properties to report back to the Ordinance Committee of the City Council on June 9th, 2010, on whether the ground floor retail proposed by Boston Properties would be of the size and nature suitable for a grocery store, convenience store, or small foodstuffs boutique.

This matter was hotly debated at the previous meeting. There are numerous issues at play such as whether the proposal would effectively kill the possibility of new housing in the Kendall Square MXD district. Councillor Cheung’s Order #6 from last week was actually far more comprehensive than I had originally noticed and included a provision for what was arguably commercial rent control for “upstart local entrepreneurs”. Another significant issue was whether there was any guarantee of the long-term tenancy of the Broad Institute at this site, a new local institution with “favored nation” status. As is often the case, allegations of quid-pro-quo political contributions by the developer/owner have been made but not substantiated.

Order #1. That the City Manager is requested to confer with the appropriate department heads and report back to the University Relations Committee the feasibility of the City creating a “Welcoming Packet” for new students, distributed by the universities with information on public services, Cambridge history and culture, and a calendar of civic events.   Councillor Cheung

This brings back recollections of a similar Order in 2000 from former Councillor Jim Braude calling for a “welcome wagon” for new residents. (Order #6, April 24, 2000). Here’s an summary of the ensuing conversation a decade ago.

Order #2. That the City Manager is requested to confer with the appropriate department heads on the feasibility of instituting a five cent per disposable bag fee, collected by the City that would in turn be put aside into a fund which purpose is to buy canvas bags wholesale and distribute them to Cambridge residents.   Councillor Cheung

Nanny government. Reusable canvas (or any other material) shopping bags are what everyone should use, but they’re plentiful and cheap and already distributed at all sorts of events. Cambridge residents don’t need to be taxed or subsidized for such trivialities, especially when they are already so freely available.

Order #3. Opposition to the amendment that was passed to the budget bill regarding immigrants.   Councillor Cheung

It’s interesting that the primary point made in opposition to this state legislation is that it is unnecessary because it adds little more than what is already required of those seeking to take advantage of taxpayer-funded services. Is so, why the strong condemnation? It’s worth noting that Councillor Cheung’s Order focuses on all the contributions of immigrants to this country, but the proposed legislation is not about immigrants. It’s about illegal immigrants, i.e. those who are residing in Massachusetts but have not adhered to existing laws. Councillor Cheung’s Order also correctly challenges the practice of creating policy through budget amendments, but the federal government does this routinely. The Order correctly points out that there may be substantial costs associated with enforcing the proposed legislation. In any case, be it Arizona or Cambridge, it’s ridiculous that the inability of the U.S. Congress to address these matters causes individual states to take such actions. Regardless of party affiliation, spines appear not to be part of anatomy of U.S. Congressmen and Senators. – Robert Winters

May 10, 2010

May 10, 2010 City Council Agenda Highlights

Filed under: City Council — Tags: , — Robert Winters @ 12:05 pm

May 10, 2010 City Council Agenda Highlights

The City Manager’s Agenda tonight features significant public investment items – primarily authorizations to borrow for infrastructure projects. Here’s the list:

Mgr #8. Appropriation and authorization to borrow $5,250,000 to continue sewer projects in the Harvard Square, Cambridgeport, and Alewife Watershed areas of the City.

Mgr #9. Appropriation and authorization to borrow $700,000 to provide funds to replace the existing artificial turf on the soccer field at Danehy Park as well as resurfacing the 400 meter running track.

Mgr #10. Appropriation and authorization to borrow $2,000,000 to provide funds to fund the reconstruction of JFK Street between Eliot and Brattle Streets.

Mgr #11. Appropriation and authorization to borrow $2,500,000 to provide funds to fund the first phase of the reconstruction of the Harvard Square Tunnel (Cambridge Street Underpass).

Mgr #12. Appropriation and authorization to borrow $500,000 to provide funds to fund the design of the restoration of the Kendall Square area on Main Street between Broadway and Ames Street.

Mgr #13. Appropriation and authorization to borrow $1,500,000 to provide funds for improvements to several City buildings including the East Cambridge and Inman Square Fire Stations, Ryan Garage at Public Works, Central Square Library, and several elementary schools.

There should be “suitably engrossed” awards in gilded folders given to city councillors who generate excessive numbers of suitably engrossed resolutions at (I believe) around $5 a pop. This week’s runner-up award goes to Mayor Maher for his 11 identical resolutions to various people for “passing the Massachusetts Department of Public Health written and performance test for the position of Certified Nursing Assistant (CNA).” The top prize this week goes to Councillor Simmons for her 51 (I’m not kidding) nearly identical resolutions to people for their “work on the Prince Hall Memorial Committee.” Good thing she has that aide to help with such important “research” matters like this. By the way, did I mention that the single biggest jump in department budget over a five year span was for the City Council. So many resolutions, so little time.

Councillor Decker has another Vanity Order this week:

Order #4. That the City Manager is requested to determine with due consideration for, among other things, return on investment, to what extent it is reasonable to not participate in any business activities substantially connected with the State of Arizona, municipalities in Arizona, and other business entities in Arizona or conducting substantial business in Arizona.   Councillor Decker

Regardless of the merits of the Arizona law, it’s arrogant for an elected official in the northeast to weigh in on matters in a border state whose issues she can’t even begin to appreciate. Besides, it’s hard to imagine the City of Cambridge having any investments in Arizona, so this really is just a Vanity Order.

Order #7. That the City Manager is requested to confer with the appropriate department heads and commission heads to develop a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.  Councillor Cheung

Essentially all Cambridge citizen boards and commissions work closely with one or more City departments which provide support for these boards. Councillor Cheung’s Order focuses primarily on “the capability for all commissions to post and maintain an email distribution list” and seems to suggest that the capacity for this should be made available on City servers rather than via such services as YahooGroups and GoogleGroups. This does raise the inevitable issue of public records. Clearly, if City servers are involved then any and all communications are potentially available as public records. It’s not clear if this is the case for communications among members on outside servers. Another consideration is that with an outside service the group “owner” can freely moderate the group and even delete some communications. This probably would not be permitted if hosted on City servers as it may constitute “destroying a public record.” Perhaps things are better left as they are.

Order #13. That the City Manager is requested to update the City Council on the impact of the MWRA water pipe rupture on the Charles River in Cambridge.  Councillor Seidel

Actually, Councillor Seidel’s Order asks about two incidents: the recent MWRA break in Weston and a February 2010 diesel spill in the Lower Charles River Basin. While I cannot speak to the latter, I can say with some confidence that the Weston break had no impact whatsoever on Cambridge other than to highlight the great advantage of having our own independent water supply. As it turns out, I was leading a group of 40 hikers that day (May 1) along a section of the Sudbury Aqueduct in Wellesley and telling the history of Boston Water and about how this aqueduct was last used about 35 years ago and was still maintained for use in a “catastrophic emergency”. Little did I know that such an emergency was unfolding even as I spoke and that by day’s end the Sudbury Aqueduct would be back in service during the emergency. — Robert Winters

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