Choice Bits from the Nov 16, 2020 Cambridge City Council Agenda
It’s a bit more substantial this week at the City Council meeting. Here’s my first pass at some of the interesting stuff:
Manager’s Agenda #1. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $850,000 from Free Cash to the Public Investment Fund Public Works Department Extraordinary Expenditures account, for a 30-Year Post Closure Evaluation and Report of Danehy Park.
Order Adopted 9-0
It’s hard to believe that it’s been 30 years since the old landfill was transformed into Danehy Park. I remember when we operated a volunteer recycling dropoff on Sherman Street back then (1989-1991) and the capped landfill was like a barren moonscape.
Manager’s Agenda #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request for acceptance of G.L. Chapter 39, Section 23D to allow members of adjudicatory boards and commissions to vote on a matter before the adjudicatory body of which they are a member if the board member has missed one of the sessions regarding the matter at issue.
Charter Right – Zondervan
Manager’s Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-10, regarding renaming the Agassiz neighborhood.
Placed on File 9-0
I guess there are some advantages to living in the Mid-Cambridge neighborhood, including the likelihood that the name will not be cancelled. Perhaps we should just use the neighborhood numbers. “You are Number 6”… “I am not a number! I am a free man!”
Manager’s Agenda #7. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $310,000 from Free Cash to the Public Investment Fund Community Development Department Extraordinary Expenditures account which will be used for consultant services to conduct a study that will evaluate resident experiences in affordable housing in Cambridge.
Order Adopted 9-0
Separate but equal?
Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request that the City Council extend its prior authorization for the City Manager or his designee to grant street obstruction approvals, along with any other necessary approvals for temporary street obstructions, from this date until sixty (60) days past the end of the Commonwealth of Massachusetts State of Emergency.
Order Adopted 9-0
It’s great that we’ll likely be extending the outdoor dining, but it’s hard to imagine this being a viable alternative during most of the winter. Then again, perhaps we can convince Moderna to make the vaccine available early to its home community.
Manager’s Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to Green Energy Analysis Zoning Petition Substitute Zoning Text received from the Community Development Department and the Law Department.
Petition removed from Table, Amended with substitute language, and Placed on Table 9-0
This zoning amendment will most likely be ordained next week, and having more energy efficient buildings is unquestionably a good thing. I continue to have concerns about carrots vs. sticks. The inclination of this City Council – whether it has to do with energy efficiency, the management of trees on private property, or other matters – is primarily based on mandates rather than incentives. I hear that a new proposal is coming that would mandate “green roofs” on all new buildings above 20,000 sq. ft. as well as for major renovations. Such a mandate would also require a maintenance plan. I can see the value in green roofs, but I can also understand the desire for ease of maintenance. I doubt whether any of the current city councillors has ever had to make roof repairs.
Order #2. Update on City-Owned Vacant Properties Inventory. Vice Mayor Mallon, Mayor Siddiqui, Councillor Simmons, Councillor Nolan
Order Adopted as Amended 9-0
Order #3. Resolution in Support of Harvard Janitors. Councillor Simmons, Mayor Siddiqui, Vice Mayor Mallon, Councillor McGovern, Councillor Carlone, Councillor Nolan, Councillor Sobrinho-Wheeler, Councillor Toomey, Councillor Zondervan
Order Adopted as Amended 9-0
Order #4. Interpreters at Polling Locations. Mayor Siddiqui, Vice Mayor Mallon, Councillor Nolan, Councillor Sobrinho-Wheeler
Order Adopted 9-0
Is the idea here to have multiple interpreters all day long for 34 different precincts? Considering the fact that the only things needing interpretation are ballot questions, wouldn’t a few brochures and a Hot Line suffice? Oh year, I forgot that Cambridge is a wealthy city, so we should just spend money regardless of actual need – especially if it lets us feel all woke ‘n stuff.
Order #5. That the enclosed amendments to the Tree Protection Ordinance be adopted to extend the temporary prohibition on tree cutting permits until Feb 28, 2021. Councillor Zondervan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Nolan
Passed to 2nd Reading 7-1-0-1 (Toomey – NO; Simmons – PRESENT)
This ordinance and temporary moratorium appear to allow some discretion for property owners to manage the trees on their property as long as the plans are beneficial, but my trust for City mandates and micromanagement by city councillors is fading fast.
Order #6. That the City Manager be and hereby is requested to review the granting of an extension for the 605 Concord Avenue project which appears counter to the City’s zoning code and confer with the relevant departments on how many projects that had a permit prior to these changes could request an extension. Councillor Nolan, Councillor McGovern, Councillor Zondervan, Councillor Sobrinho-Wheeler
Order Adopted as Amended 9-0
IANAL (I am not a lawyer), but it seems to me that if a property owner was granted a building permit when certain rules and regulations were in place, then if any construction was delayed due to nondiscretionary circumstances (such as lawsuits, pandemics, etc.) the owner should not be subject to rules enacted after the granting of the permit. This question has come up before, e.g. in the emerging NorthPoint (Cambridge Crossing) area, and in other long-term Planned Unit Developments (PUDs). On the other hand, if someone simply chooses to delay construction beyond the time frame specified in the initial permit, then a reasonable case can be made to require the developer to seek a new permit subject to current rules and regulations. [some background]
Order #7. That the City Council go on record in opposition to the Fiscal Control Management Board plans to replace existing zero-emissions electric bus routes in Cambridge. Councillor Sobrinho-Wheeler, Mayor Siddiqui, Councillor Zondervan, Vice Mayor Mallon
Order Adopted 9-0
Order #8. That the City Manager be and is hereby requested to work with the Massachusetts Department of Conservation and Recreation to explore the feasibility of keeping Riverbend Park open beyond November 29. Councillor Sobrinho-Wheeler, Councillor Nolan, Mayor Siddiqui, Councillor Zondervan
Charter Right – Zondervan
Committee Report #1. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor Patricia Nolan, Chair of the Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee, for a public hearing held on Oct 7, 2020 on the reappointment of Christopher Bator to the Cambridge Redevelopment Authority for a term of five years and to discuss the Envision Cambridge citywide plan, and review how to set priorities and goals.
Envision Cambridge should be viewed only as a starting point for an ongoing conversation. It’s really more of a staff-dominated laundry list of suggestions. Will city councillors improve on those suggestions and knit together the better ideas into something cohesive or will there just be committee hearings dominated by rhetorical competition? The paradigms were subverted some time ago – and simply replaced by other stale paradigms. – Robert Winters
Postscript – At the end of the meeting there was a Late Order from Vice Mayor Mallon and Mayor Siddiqui asking the City Manager to consult with regional mayors and to impose much stricter coronavirus restrictions on restaurants and other businesses. Councillor Zondervan suggested closing everything down. Councillor Toomey exercised his Charter Right to delay this to the next meeting. Mayor Siddiqui insisted that the closing/restricting of businesses was necessary in order that the public schools could be open for in-person learning but provided no evidence to support this. – RW
O-10 Nov 16, 2020 Charter Right – Toomey
MAYOR SIDDIQUI
VICE MAYOR MALLON
WHEREAS: Citywide, Cambridge businesses, the Cambridge Public Health Department and Cambridge Public Schools have implemented several protective measures and strategies to prevent the transmission of COVID-19 throughout the community; and
WHEREAS: Though these protective measures have kept Cambridge COVID-19 positivity rates lower than neighboring cities, Cambridge’s positive cases do continue to increase daily; and
WHEREAS: The Cambridge Public Health Department reported 44 new cases in Cambridge today, the highest number of new cases since the first wave of the COVID-19 pandemic; and
WHEREAS: Epidemiologists recommend closing bars, casinos and gyms, and other non-essential business activities to stop the spread of COVID-19 as a way to keep schools open; and
WHEREAS: Research suggests a strong correlation between indoor activities and the rise of COVID-19 community spread; and
WHEREAS: Indoor activities are contributing to the rise in cases in Cambridge, getting our metrics dangerously close to closing schools and resuming remote only learning again; and
WHEREAS: We must take action to restrict the activities of non-essential businesses and gatherings in order to keep our schools open; and
WHEREAS: We must prioritize our scholars and their education as we navigate through the next phase of the public health crisis; and
WHEREAS: Our efforts must be part of a regional response in order to not unfairly penalize Cambridge restaurants and small businesses; now therefore be it
ORDERED: That the City Manager confer with the Metro Mayor’s Association to close indoor dining, gyms, casinos and other non-essential indoor activities as soon as possible; and be it further
ORDERED: That the City Manager, Community Development Department, the Economic Development Division, the Assessing Department and other relevant City Departments organize a small business and restaurant relief program that will assist during this second shutdown and our efforts to stop community spread of COVID-19 and keep schools open.
The other big items are the reports from the Ordinance Committee and the Planning Board on the "Affordable Housing Overlay" proposal, a.k.a. the "Abominable Hubris Overlay", to replace privately-owned residential property with higher density public housing, i.e. housing accessible only to people who apply through the City for this benefit. Any notion that this would be a temporary "emergency" policy was put to rest when proposals for a "sunset clause" were eliminated in the Ordinance Committee. So this would effectively become a policy to permanently prioritize higher density government-regulated housing over ordinary residential development at prevailing heights and densities.