Ordinance Committee meeting – July 7, 2020

Ordinance Committee meeting – July 7, 2020 - MINUTES

Date: Thurs, July 7, 2020, 5:00pm (Sullivan Chamber)

Present at the hearing: Councillor McGovern (co-chair), Councillor Carlone (co-chair), Councillor Mallon, Councillor Nolan, Mayor Siddiqui, Councillor Sobrinho-Wheeler, Councillor Zondervan
Members Arriving Late: Councillor Toomey
Members Absent: Councillor Simmons

The Ordinance Committee will meet to conduct a public hearing on proposed amendments to the Cycling Safety Ordinance

Councillor Marc McGovern called the meeting to order and explained that the governor's executive order issued on March 12 2020, has authorized the use of remote participation at meetings of the city’s public bodies in response to the threat posed to the public by the COVID-19 virus in issued guidelines for the city's use of remote participation.

Councillor Jivan Sobrinho-Wheeler explained that this ordinance will help create a timeline to build a citywide protected bike network. He stated that the city has recorded more than 500 crashes between a car and the cyclist. A huge portion of those crashes could potentially have been avoided with a protected bike lane and occurred on parts of streets that are covered by this ordinance.

Joseph Barr, Director of Traffic, Parking & Transportation gave a presentation the explained the changes that would occur if the proposed ordinance is adopted. The basic premise of the ordinance is that requires the city to implement 22.6 miles of separated bicycle lanes (SBL) by May 1 of 2026. Importantly, projects that are built as a permanent or capital construction project only need to be begun prior to the deadline to qualify for that goal. There are a few definitions that are added by the ordinance. One is a so called Quick built separated bicycle lane that are created with flex posts and other flexible or some sort of more easily installed delineators that need to be replaced year-round. The final key new definition is public transportation that is really focused on stops for the MBTA and other important public services and university and college shuttle buses that operate in Cambridge and acknowledging that in many cases, it is very difficult to build separate bicycle lanes through those stops. The city manager does have discretion under the proposed amendments to extend that deadline by one year but needs to submit a report to the council a year in advance explaining why that extension will be necessary. The city manager has the right to request some schedule adjustments in response to COVID-19 as long as that's done by the summer of 2022.

Susanne Rasmussen, Director of Environmental and Transportation Planning Director, explained that the Cambridge bicycle plan, which was first published five years ago in 2015, when fully realized will lay out 100 plus mile network consisting of existing in progress and future facilities. The network of streets that's proposed for separation in the bicycle plan, are the subject of the cycling safety ordinance. Section k in the definitions, you'll see that the separated network shall mean the proposed set of separate facilities in the Cambridge's bicycle plan, or any plans superseding it. But a key task is to identify streets that are not currently planned for reconstruction but would be eligible for quick build implementation based on a high level of analysis and feasibility on such street segments. She further explained how the city will prioritize quick build and capital projects based on an analysis of the street and community input.

Mr. Barr further explained that depending on the complexity of a project, usually it takes between nine to eleven; or eight months or a year to complete a quick build project. A construction projects is a whole different animal. It can take several years for a construction project, particularly if it involves utility work to be completed. Regardless of how it is implemented, the community outreach and design require time; for iteration, for discussion, coordination with businesses and local communities. These projects have significant impacts on the community, even if the implementation is relatively straightforward, project like adding separated bicycle lanes could take out something on the order of Have 150 parking spaces.

Kathy Watkins, Assistant Commissioner for Engineering / City Engineer, briefly described the current separated bicycle lane projects in the five-year plan.

Councillor McGovern opened the floor to public comment.

Laura McMurry, 334 Harvard Street, is in favor of the cycling safety ordinance as amended. It will provide rapid installation of many miles of safe protected bike lanes, some using the quick build method. The advantage of the quick build method is that it is faster to install and changed as necessary. With one other thing is that with COVID-19, bicycling offers less exposure than most modes of public transportation to COVID. I urge a vote of this ordinance out to the city council. Thank you.

Kimberley Hunt, 10 Wendell street, stated that the world is accelerating bike infrastructure projects and believes that Cambridge should follow suit.

James Williamson, 1000 Jackson Place, stated that he cannot traverse a simple crosswalk safely because of the way bicyclists in the city race through red lights and crosswalks. The city has ignored the safety of pedestrians.

John Attanucci, 608 Huron Avenue, works at MIT in the transit lab and chairs the city's transit advisory committee. Generally, he supports the separated bicycle lane plan. He stated that he is concerned about the impact on public transit. The data show that if not done properly, separated bike lanes, slow buses, and this emphasis on putting fully separated bike lanes on all the major streets in Cambridge is going to hurt transit and it is going to hurt transit riders. The city should be creating shared bike and bus lane priority lanes.

Tina Lieu, 37 Huron Ave, stated that this ordinance, although well intentioned and going in the right direction, might not actually satisfy the transportation requirements that the city will need in the future. East Cambridge needs bicycle lanes. She would like to see more holistic approach to street infrastructure.

Gavin Lund, 166 Charles Street, we need a dramatic mode shift away from fossil fuel powered vehicles, to more sustainable modes of transportation of which biking is one. And in particular, there's a huge untapped resource of people who are interested in biking but concerned about safety. And protected bike lanes have been shown to be the only way to really convince significant numbers of those people to bike.

Galen Mook, executive director of the Massachusetts Bicycle Coalition. Spoke in support of the ordinance. Separated bicycle infrastructure is the safest bicycle infrastructure. The city should encourage youth citizens to think about bicycling as an everyday mode of transportation. The council should take into mind the safety and comfort of pedestrians as well as the expediency of transit as well. Studies have shown that protected bicycle infrastructure actually make streets safer for all modes, especially pedestrians.

Christopher Cassa, 103 Gore Street, stated that defining a place for cyclists to safely ride through our streets that will help improve the safety for cyclists, but also improve general safety on the streets. He supports moving forward on these issues.

Amy Flax, 86 Normandy Avenue, spoke in support of this ordinance. Separated bike lanes, in fact, support many different modalities in terms of transportation, and pedestrians and bikers. If kids don't have safe alternatives for biking, then their lives are in danger.

Itamar Turner-Trauring, 139 Oxford Street, is excited about this ordinance. because It is very important that we transition away from private cars towards things like bikes and buses and in many ways are very complementary, they serve different needs, so work well together. Shared bike bus lanes are actually not a good idea for either buses or bikes. Paris is moving away from them for example, and they're an extremely ambitious bike lane construction project. The real solution is to move more of the space away from private vehicles and storing private vehicles and parking and moving towards safer infrastructure and buses and using things like floating bus stops.

Luis Mejias, 18 Plymouth street, strongly supports the approval of this ordinance to speed up the installation of protected bicycle infrastructure throughout Cambridge. If we're serious about tackling climate change, we must stop making driving the primary and easy choice. To do so we must do away with thinking that aligns with providing parking and road design that makes it more convenient or faster to drive then ride a bike walk or take transit. If people want to drive it should be in convenient. If they want to walk or bike, it should be easy and safe. There are countless people who would choose to ride a bicycle or tricycle and not try if the roads were designed so that they feel safe.

Marisa Carlos, 8 Kenwood Street, spoke in support of the ordinance. Cyclists sometimes race through red lights because of a lack of bicycle specific infrastructure. Adding bicycle specific infrastructure, like bicycle red lights, will help with that. Encouraged the committee to move the ordinance forward.

Gleb Bahmutov, 19 Winslow Street, explained that the number one concern with biking is safety. He fully supports this ordinance.

Sarah Levy, 52 Pearl Street, cycling is a way that people can get around healthily and not cause emissions that cause health issues for others.

Councillor Carlone’s motion to close public comment passed by the following roll call vote: 8-0-1 (Simmons - Absent)

Councillor McGovern open the floor for discussion amongst the committee.

Councillor Dennis Carlone stated he heard some negative comments from older folks and some retail restaurant people. He stated that the committee should consider their points of view but that means that we do not move forward.

Councillor Quinton Zondervan stated that he supports this compromise going forward. He stated that they have really come a long way in this effort to get transit justice in the city. He is disappointed that it is not going faster.

Councillor Patricia Nolan acknowledged challenges with implementation but is supportive of this ordinance. She stated that Paris took seven or eight years to change from a car centric to a bicycle centric city. She asked why the Transit Advisory Committee has not reviewed the ordinance She also asked how other stakeholder were being consulted.

Susanne Rasmussen, Director of Environmental and Transportation Planning Director, explained that no city committees have met due to COVID19.

In respond to a question from Councillor Patricia Nolan, Mr. Barr explained the relationship between the Cycling Safety Ordinance and converting certain streets be one way. He explained that he would have some significant concerns about changing street direction in general, but the city would consider changing the operation of the street in a more fundamental way to allow for the bicycle facility to be implemented.

Councillor Marc McGovern stated that there needs to pe continuous public outreach thought this process.

In response to a question from Councillor Timothy Toomey, Kathy Watkins explained that the portion of Huron Avenue between Fresh Pond Parkway and Glacken field is in the Bike Plan. The City evaluating how to add a protected bike facilities and a pedestrian connection to the section of Huron Avenue.

Councillor Timothy Toomey expressed frustration with the lack of outreach to community members and small business owners who are struggling COVID-19 about this proposal that will directly impact them.

Councillor Toomey moved the following amendments to the Cycling Safety Ordinance:

Amend section 12.22.040(G)(b) to insert the following:

i. The Cycling Safety Ordinance proposes a scenario that would significantly impact the Cambridge St corridors ability to function as a healthy business district; and

ii. There are many complexities along Cambridge St corridor that deserve in depth consideration and a more robust planning process that may include additional investment beyond the baseline that this Ordinance proposes; and

iii. There is general agreement that a safer street for all is important, but this ordinance removes the opportunity for more thoughtful solutions that address the vital needs of a commercial district and denser residential areas; now therefore be it

iv. That the City Manager be and is hereby requested to convene a stakeholder group of City staff, business, resident, and bicycle representatives no later than spring 2021 to create a viable plan for Cambridge St to be implemented by 2026, and for this process to happen alongside of the process created by the ordinance.

Amend “Section 12.22.040 Requirements” by adding the following the following new section “I”

I. Requirements of Cyclists.

(a) Upon passage of the ordinance Cambridge residents will be required to register bicycles with the appropriate department in the City of Cambridge.

(b) Upon passage of the ordinance use of bicycle safety helmets will be mandatory.

(d) Upon passage of the ordinance, bicycles are to be equipped with a horn or whistle.

Councillor Jivan Sobrinho-Wheeler expressed concerns about the proposed amendments. He stated that regarding the requirements for whistles and horns there are serious racial equity component, giving police another reason to pull over residents. He stated that he could not support this portion. He stated that he could support a stake holder meeting for Cambridge street but wanted additional clarifications. He stated that he wants to make sure Cambridge street is required as part of this ordinance.

Vice Mayor Alanna Mallon stated that in comparison to other neighboring communities Cambridge is far behind on creating safe cycling infrastructure around the city. She encouraged the city to continue to do virtual outreach in order to reach more people. She supported having additional conversation and community outreach about separated bike lanes on Cambridge street. She stated that she would like to see permanent facilities on Cambridge street. She stated that she shared Councillor Sobrinho-Wheeler concerns about racial equity.

Councillor Quinton Zondervan suggested rejecting the proposed amendment but that the committee should consider it as a policy order. He stated that he shared Councillor Sobrinho-Wheeler concerns about racial equity. He stated that he did not support the idea of removing Cambridge Street from the ordinance.

Councillor Dennis Carlone stated that he supported bicycle registration. He supported providing bicycle lights to individuals and providing bicycle safety classes.

Councillor Marc McGovern agreed that there a safety component that the council must address but he did not believe that it belonged in an ordinance about infrastructure.

Susanne Rasmussen, Director of Environmental and Transportation Planning Director, explained that a large percentage of cyclists in Cambridge do not live in Cambridge. She explained the department provided bicycle lights and helmets at various events.

Mayor Sumbul Siddiqui stated that this is an iterative process. She stated that aside from the stakeholder group, she would not support Councillor Toomey’s amendments. She stated that she supports the ordinance as written. The City and the Council will take the questions raised by businesses seriously.

Councillor Carlone’s motion to suspend the rules to extend the meeting to 7:15 PM passed by the following roll call vote: 8-0-1 (Simmons - Absent)

Councillor Patricia Nolan supported convening a stakeholder group. She stated that she would not support additional Cyclists requirements because most of the requirements are already covered by state law.

Councillor Timothy Toomey explained that his amendments are safety measures for cyclists and pedestrians.

Councillor Marc McGovern stated that he supported convening the stakeholder group, but he would not support the remainder of the amendments. He asked if Councillor Toomey would remove certain portions of his amendment. Councillor Toomey agreed to withdraw his amendment to section 12.22.040(G)(b) and restate it as the following policy order:

WHEREAS: There are many complexities along Cambridge St corridor that deserve in depth consideration and a more robust planning process that may include additional investment beyond the baseline that this Ordinance proposes; Therefore, be it

ORDERED: That the City Manager be and is hereby requested to convene a stakeholder group of City staff, business, resident, and bicycle representatives no later than spring 2021 to create a viable plan for Cambridge St to be implemented by 2026, and for this process to happen alongside of the process created by the ordinance.

Councillor Toomey’s motion to amend “Section 12.22.040 Requirements” failed by the following roll call vote:
2-6-1 (Carlone, Toomey - YES; Mallon, McGovern, Nolan, Sobrinhio-Wheeler, Zondervban, Siddiqui - NO; Simmons - ABSENT)

Councillor Zondervan’s motion to amend the proposed policy order by inserting the words “Cycling Safety” before the word “ordinance” in the ordered paragraph passed by the following roll call vote: 8-0-1 (Simmons - Absent)

Councillor Toomey’s amended proposed policy order passed by the following roll call vote: 8-0-1 (Simmons - Absent)

Councillor Toomey’s motion to remove “Cambridge Street” from the Cycling Safety Ordinance failed by the following roll call vote:
1-7-1 (Toomey - YES; Carlone, Mallon, McGovern, Nolan, Sobrinhio-Wheeler, Zondervban, Siddiqui - NO; Simmons - ABSENT)

Councillor Sobrinho-Wheeler’s motion to forward the Cycling Safety Ordinance to the full City Council with a favorable recommendation passed by the following roll call vote:
7-1-1 (Carlone, Mallon, McGovern, Nolan, Sobrinhio-Wheeler, Zondervban, Siddiqui - YES; Toomey - NO; Simmons - ABSENT)

Councillor Carlone’s motion to adjourn passed by the following roll call vote: 8-0-1 (Simmons - Absent)

1. That the “2020 Cycling Safety Ordinance” be forwarded to the Ordinance Committee for discussion and recommendation.
RESULT: REFERRED

2. A communication was received from Joseph Barr, Director of Traffic, Parking and Transportation transmitting a presentation about the 2020 Cycling Safety Ordinance
RESULT: PLACED ON FILE

O-3 Sept 14, 2020 (proposed)
COUNCILLOR TOOMEY
WHEREAS: There are many complexities along Cambridge St corridor that deserve in depth consideration and a more robust planning process that may include additional investment beyond the baseline that this Ordinance proposes; Therefore, be it
ORDERED: That the City Manager be and is hereby requested to convene a stakeholder group of City staff, business, resident, and bicycle representatives no later than spring 2021 to create a viable plan for Cambridge St to be implemented by 2026, and for this process to happen alongside of the process created by the ordinance.

O-5 March 16, 2020
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR MCGOVERN
COUNCILLOR ZONDERVAN
VICE MAYOR MALLON
WHEREAS: In 2017, the City Council adopted goals including “Make it easy to move safely through the City, especially by sustainable modes of transportation”; and
WHEREAS: The City has committed to Vision Zero, which seeks to eliminate transportation fatalities and serious injuries, as well as reduce crash rates across all modes of transportation; and
WHEREAS: There have been multiple cyclist deaths and numerous serious injuries on Cambridge streets in the past several years; and
WHEREAS: Promoting sustainable transportation methods can help alleviate high levels of traffic in the region, provide alternatives for residents who cannot afford to have a car in the city, and help reduce Cambridge’s carbon footprint; now therefore be it
ORDERED: That the attached “2020 Cycling Safety Ordinance” be forwarded to the Ordinance Committee for discussion and recommendation.