Preview of April 2, 2018 Cambridge City Council meeting

Here's my pass at this week's agenda:

Manager's Agenda #10. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-33, regarding a report on whether or not Chapter 4.25 of the Cambridge Zoning Ordinance applies to the Inman Square redesign project and therefore whether or not a report should be made to the Planning Board.

The upshot: "Vellucci Plaza was taken by the City for a purpose (public open space) protected by Article 97 of the Amendments to the Massachusetts Constitution ("Article 97"), and as such is subject to the protections of Article 97. Therefore, it is likely that if a road is constructed through a portion of Vellucci Plaza at its current site, legislative approval will be required [the State legislature, that is, and not just the City Council]. Although the construction of a roadway on land protected by Article 97 requires legislative approval, it does not require relief from the provisions of the Cambridge Zoning Ordinance."

Charter Right #1. That the City Manager is requested to direct the Community Development Department to compile a list of single family homes which could be purchased by the Affordable Housing Trust and converted to Single Room Occupancies or Housing Cooperatives.

And the train keeps a rollin'. Every week it's another proposal to transfer private property to public or quasi-public ownership. Is this really the ideal "vision" for the future? Will such acquisitions be uniform across the city or concentrated in just some neighborhoods?

Order #3. That the City Manager is requested to direct the appropriate City personnel to place a commemorative plaque at eye-level at the plaza in Harvard Square dedicated to former judge, Mayor, and City Manager Joseph DeGuglielmo so that it is more prominent to pedestrians.   Councillor Simmons, Councillor Toomey

For you newcomers, Joseph A. DeGuglielmo, better known as "Joe DeGug", began his public career in 1938 as Assistant City Solicitor of Cambridge. He first ran and was elected to the Cambridge City Council in 1945 and served 8 consecutive terms (1946-1963). He was elected every time he was a candidate and was chosen by his colleagues as Mayor for the 1952-53 term. Two years after leaving the City Council he was hired as City Manager in February 1966 and served through January 1968. In 1971, he was appointed an associate justice of the Boston Municipal Court by Governor Francis Sargent. He retired from the bench in 1978. He died in May 1983. His nephew is Jimmy Tingle - comic and now candidate for Lt. Governor of Massachusetts.

Order #4. That the City Council encourage residents to be more conscious of their water consumption during the month of April, to take steps to reduce storm water runoff on their own property, to prevent polluted runoff from entering our water system, and to find time to engage with our natural areas.   Mayor McGovern, Vice Mayor Devereux, Councillor Zondervan

Being conscious of water consumption, reducing stormwater runoff, and engaging with our natural areas are clearly good things, but perhaps the message regarding the prevention of polluted runoff entering our water system is best directed to the inhabitants of Waltham, Weston, Lexington, and Lincoln where our primary water source is located.

Order #5. City Council support of House Bill 3857, “An Act providing tax relief for rent-burdened individuals and families."   Councillor Carlone, Vice Mayor Devereux, Councillor Siddiqui

This bill would increase the rental deduction for the Mass. state income tax and index it for inflation. It would also restrict eligibility for the deduction to taxpayers who earn no more than 100% of the Area Median Income (AMI).

Order #6. That the City Manager is requested to consult with the Law Department, Community Development Department and any other appropriate City departments regarding the feasibility of requiring property owners to give the City written notice when a storefront becomes vacant, including plans for finding a new tenant and keeping the premises tidy and in compliance with all applicable codes to mitigate any negative effects or safety concerns on the neighborhood.   Councillor Siddiqui, Vice Mayor Devereux, Councillor Mallon

This is a good intention that needs amendment. Property owners should not be required to inform the City the moment a storefront becomes vacant or be made to instantly submit future plans for tenancy. Perhaps the City Council could establish a time frame after which these steps might be required - somewhere between a few months and Gerald Chan time.

Order #8. That the City Manager is requested to notify the owners of the former Harvard Square Theater that the City Council has requested that they provide a firm schedule for when they will submit their application to the Cambridge Historical Commission and begin the public engagement process along with a projected timeline for the rest of the process through completion of the project, once the necessary permits are granted.   Vice Mayor Devereux, Councillor Carlone

Speaking of Gerald Chan, whatever became of those good-looking plans for the transformation of the old Harvard Square Theater on Church Street? Tick tock tick tock......

Order #9. That the City Council go on record in opposition to the oppressive policies of Crown Prince of Saudi Arabia Mohammed bin Salman (MbS) and Saudi Arabia.   Councillor Zondervan

But they are letting women drive! Isn't that generous? Seriously, if we're going to single out repressive regimes that use use religion and/or ideology to justify brutal repression, then let's start a list. It won't be a short list.

Order #10. City Council support of Massachusetts Resolve H. 4159: "Resolve creating a task force on sexual misconduct climate surveys for colleges and universities in Massachusetts."   Councillor Mallon, Vice Mayor Devereux, Councillor Siddiqui, Councillor Simmons

Good idea all around. You have to first measure the extent of a problem if you want to adequately address it.

Order #11. That the City Manager is requested to work with Trinity Property Management to give the nearly 200 tenants of the EMF building additional time beyond Apr 30, 2018 to find new space, considering the unique circumstances and outsized impact of this eviction.   Councillor Zondervan, Vice Mayor Devereux, Councillor Carlone

This a completely reasonable Order, but ultimately the only way to preserve space for uses such as these is through ownership of the building. Begging for handouts from the City is not a solution. Haven't we produced a few nationally known artists who wouldn't mind being seen as heroes by swooping in, buying and outfitting a building or buildings for this purpose? Where are you Matt Damon and Ben Affleck and Casey Affleck? Wasn't this your neighborhood? Maybe you guys can assemble a team. Give Mindy Kaling and John Malkovich and Sam Waterston and Jane Curtin a call. Maybe Lenny Clarke can pitch in a few bucks.

Order #12. That the City Manager is requested to allow autonomous vehicle (AV) testing in Cambridge provided certain conditions are met.   Councillor Zondervan, Vice Mayor Devereux

Please, just don't. - Robert Winters

Comments?

Preview of Mar 26, 2018 Cambridge City Council meeting

Here's my take on what looks interesting this week.

Manager's Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to the appointment of the following person as new members of the Planning Board for a term of three years, effective Apr 2, 2018: Nikolas Bowie and Corinne Espinoza

Though it doesn't say it in the communication, both of these appointments are as Associate Members of the Planning Board replacing Ahmed Nur and Thacher Tiffany.

Manager's Agenda #2. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-18, regarding a report on the success of the Polystyrene Ordinance.

Two notes:
(1) As Commissioner O'Riordan states: "We have heard from businesses concerning the cost of alternative products. For example; at a Harvard Square establishment, one service item increased in cost from $0.03/unit to $0.50/unit. In North Cambridge another retailer indicated that their new containers cost three times more after the ordinance went into effect."
(2) Plasticware that is marketed as "compostable" is, for all intents and purposes, not actually compostable (except under very specialized conditions).

Manager's Agenda #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-19, regarding Central Square pedestrian signals.

The proposed modification seems like a good plan that will not unnecessarily add to traffic congestion while providing a degree of additional safety and clarity.

Manager's Agenda #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to recommendations for the block rates for water consumption and sewer use for the period beginning Apr 1, 2018 and ending Mar 31, 2019.

The water rates are again held constant as the sewer rates continue to soar. The projections indicate that in the coming years the water rates will start to rise slightly an the sewer rates will moderate somewhat. It's worth reminding everyone that most of these costs are fixed costs, so as people do a better job at conservation the rates inevitably have to rise to cover the fixed costs.

Order #1. That the City Manager is requested to explore the possibility of accepting the City of Boston's invitation to join their intergenerational housing pilot program.   Councillor Mallon, Councillor Siddiqui, Councillor Simmons, Councillor Toomey

People have been doing this since the dawn of time - renting rooms to younger people who can lend a hand as they benefit from decent rents, but it's definitely an idea that deserves promotion.

Order #2. That the City Manager conduct, compile, and publish an inventory of all City-owned vacant buildings and lots with the City's plans for them, if any.   Councillor Mallon, Councillor Siddiqui, Councillor Simmons, Vice Mayor Devereux

Two words - Land Bank. This same concept was floated by then City Councillor Ed Cyr (and possibly others) about 25 years or so ago using the term "Land Bank". It inevitably led to a conflict among different priorities, esp. open space vs. "affordable housing", though there was at least one case in which a proposed site provided parking (and a turnaround) for a very congested dead end street. I'm sure there are some sites that should be made available for housing (whether "affordable" or just plain housing), but I'd hate to see the perception of "crisis" lead to the stifling of all other alternatives.

Order #3. That the City Manager is requested to appoint an appropriate City representative to work with the Historical Commission, the Veterans Services Department, representatives of the Cambridge African American Heritage Trail, Cambridge Historian Jon Hill, and any other appropriate parties in an effort to place markers on the graves of Mr. Cato Freeman and Mr. Neptune Frost at the Old Harvard Square Burial Ground, a marker for Mr. Agrippa Hull on the Cambridge Common, and markers for any other early unsung patriots of color that we may yet determine have been hidden in the shadows of history for far too long.   Councillor Simmons

This is a great idea. It's probably also a good time to review and refurbish some of the historical markers all around Cambridge. We could also use an updated guide book for walking tours in both the Mount Auburn Cemetery and the Cambridge Cemetery highlighting the many significant people buried in these cemeteries.

Order #4. That the City Manager be and hereby is requested to work with the Assistant City Manager for Community Development, the Executive Director of the Cambridge Arts Council, and the City Solicitor with a view in mind of drafting of an Arts Overlay District ordinance that would achieve the goals of creating and preserving spaces for the arts in the Central Square Cultural District.   Councillor Mallon, Vice Mayor Devereux, Mayor McGovern

While I think this is a good idea, I hasten to add that there are a lot of people who need or would want "live/work space" who you might not necessarily label as "artists".

Order #6. That the City Manager is requested to direct the Community Development Department to compile a list of single family homes which could be purchased by the Affordable Housing Trust and converted to Single Room Occupancies or Housing Cooperatives.   Councillor Toomey, Mayor McGovern, Councillor Siddiqui

I think that the concept of Rooming Houses or Single Room Occupancy (SRO) residences is something that fell out of favor over the years but which might again make some sense in this age of micro-units, short-term rentals, and people choosing to live with relatively few possessions. That said, I'd hate to see this used as a pretext for the City to relentlessly buy up the city's housing stock. The fact that this Order specifically asks to "compile a list of single-family homes available on the market in Residential A1, A2, and B zones" seems rather politically motivated. Wouldn't it be better to simply provide some financial and other incentives to property owners to configure their properties so as to address current needs?

Order #9. City Council opposition to any legislation that would remove or limit the options of municipalities to pass local ordinances regulating short-term rentals to include accessing tax revenue similar to what is done with hotels and motels.   Councillor Kelley

This was at the center of the discussion at last week's Public Safety Committee meeting on the subject of the City's regulation of short-term rentals. Briefly, the industry people (AirBnB) wanted to influence legislation now on Beacon Hill to permit taxation on short-term rentals by amending it to remove local regulatory controls as a precondition for accepting the potential revenue. This crooked attempt was apparently thwarted in the House, though the bill is now before the Senate and will likely have to go through a conference committee prior to its final passage and, presumably, the Governor's signature. - Robert Winters

Extra: Summary of what the House did last week on the AirBnB bill.
AirBnB is in favor of being taxed, but came out in opposition to the state registry where their hosts would have to share their personal information. The amendment referenced above in regard to Order #9 and referred to as amendment #11 in the House bill) was directed at the proposed (and now on hold) City of Boston regulations on short term rentals which would regulate them according to how many days a host rented out units. This amendment was apparently never seriously considered and will likely not have much support in the Senate either. It came from an industry lobbyist (possibly representing a short term rental group called StayAlfred).

Much of the work up to this point on other short term rental bills has been to tax them like hotels. This bill introduces a whole new tax structure for short term rentals and the Senate may return to that structure.

Summary of the current bill

• The bill would require the Department of Revenue to maintain a short-term rental registry, record the name of each host and the address of each unit they offer, and give the department the authority to charge a "reasonable fee" for registration. An "easily searchable and regularly updated" list of unit addresses -- without the host's name -- would be published online.
• Rentals would be taxed at levels ranging from 4 percent to 8 percent, depending on how many units a host offers. Residential hosts renting two or fewer units would be taxed at 4 percent, investor hosts with three to five units would have a 5.7 percent tax, and professionally managed hosts renting six or more units would face an 8 percent tax per rental, under the bill.
• Cities and towns would have the option to impose local excise taxes of up to 5 percent for residential hosts, 6 percent for investors, and 10 percent for professionally managed hosts. Communities that opt for the local tax would need to adopt ordinances or bylaws requiring any residential units offered as short-term rentals first undergo a safety inspection, the costs of which would be charged to the host.
• Half of the local tax collected from professionally managed hosts would need to be dedicated to "programs addressing either local infrastructure needs or low- and moderate-income housing programs," according to the bill. A Rep. Kevin Honan amendment adopted Thurs, Mar 22 would require that at least 25 percent of that tax money be distributed to low- and moderate-income housing programs.
• The taxes in the bill would kick in a year after the bill's effective date and would not apply to units that rent for less than $15 a day.

Also, an amendment was adopted that provides:
“Any city or town that has a safety inspection program in place as of the effective date of this act may deem any previously completed inspections of residential units to be in compliance with this requirement.”

This should avoid the need for duplicative inspections for hosts who register with Cambridge and then must also register to comply with state law.

Comments?

Pre-Spring Fling – March 19, 2018 Cambridge City Council meeting

While we wait for the next Nor'Easter, here are a few things up for discussion this Monday. Sorry for the minimal comments, but I have to go to work.

Manager's Agenda #2. A communication transmitted from Louis A. DePasquale, City Manager, relative to the recommendation to reappointment Margaret Drury as a member of the Cambridge Redevelopment Authority Board for a term of five years.

Former City Manager Bob Healy's inspired appointments that revitalized the Cambridge Redevelopment Authority in April 2012 continue to be the gift that keeps on giving.

Manager's Agenda #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-28, regarding Housing Choice Designation.

Cambridge continues to provide its share of new housing and then some. It will be great if this leads to some infrastructure funding under this new program. Now if we can only get all the other cities and towns in the area to do the same we might actually make a dent in the problem of actual affordable housing (as opposed to subsidized housing).

Manager's Agenda #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-25, regarding a timeline for the next Incentive Zoning Study.

The City will authorize a thoughtful Nexus Study which will be followed promptly by several city councillors stumbling over each other to be the one who demands the greatest increase in the linkage fee regardless of the recommendations in the study.

Order #1. City Council support of S. 2306, “An Act to promote and enhance civic engagement.”   Vice Mayor Devereux, Mayor McGovern, Councillor Siddiqui, Councillor Mallon

Good idea worth supporting. The idea here is that “American history and civics education shall be taught as required subjects for the purpose of promoting civic service and a greater knowledge thereof, and of preparing students, morally and intellectually, for the duties of citizenship…” Take note that this refers to education so that students can develop well-informed points of view and make informed decisions. This should not be about training students to hold any predetermined point of view.

Order #3. That the City Manager is requested to confer with the Election Commission regarding the possibility of instituting early voting in the 2019 municipal election.   Vice Mayor Devereux, Mayor McGovern

While we all hope to have good voter turnout and an informed electorate in all elections, I'm not at all convinced that the key to either of these goals is expanding the number of days during which people can vote. With 34 precincts spread around the city and a 13 hour window during which people can vote, there really is no problem here that needs a solution and there is a significant cost associated with this proposal.

Order #5. City Council support of implementing protected bicycle infrastructure on the Longfellow Bridge.   Councillor Zondervan, Councillor Carlone

I can only see this making sense if the width of the planned bicycle lanes are insufficient and result in slow-moving cyclists being too close to faster moving motor vehicles. The last diagram I saw had a 5.5 foot bicycle lane (plus an 8.5 foot wide sidewalk) toward Boston and a 6 foot bicycle lane (plus a 10 foot wide sidewalk) toward Cambridge. Those are good widths and installing barriers in the roadway could be problematic for emergency vehicles.

Order #6. City Council support of S.2302 "An Act to Promote a Clean Energy Future."   Councillor Zondervan, Mayor McGovern, Vice Mayor Devereux

Few would argue with the goals, but it would be helpful to hear about what costs are associated with this very long list of proposed requirements.

Order #7. That the City Manager is requested to work with all relevant City Departments to help facilitate the associated activities with the "Affordable Housing Week of Action."   Councillor Mallon, Councillor Siddiqui, Councillor Simmons

Order #8. That the City Manager is requested to direct the Assistant City Manager for Community Development to apply for a federal Opportunity Zone designation on behalf of the City of Cambridge.   Councillor Siddiqui, Vice Mayor Devereux, Councillor Mallon, Councillor Simmons

Order #9. City Council support of S.548 "Affordable Housing Credit Improvement Act of 2017."   Councillor Zondervan, Councillor Siddiqui, Mayor McGovern, Vice Mayor Devereux

All three of these Orders refer to "Affordable Housing". Though I certainly don't want to overstate this, the term "affordable housing" as a euphemism for "subsidized housing" has always irritated me. During Envision Cambridge meetings and elsewhere it has now become common for people to say things like "Capital A Affordable Housing" in order to clarify that they mean housing that receives some form of subsidy. Wouldn't it be better to just use plain English? If it's subsidized - either by government funds or by skewing rents in privately owned inclusionary housing - then it should be called Subsidized Housing. I was able to to afford my triple-decker and have provided housing at affordable rents for over 30 years to my tenants, yet this is never acknowledged as "affordable housing". At best, City bureaucrats will refer to it as "small a affordable housing".

Order #10. That the City Manager is requested to sign off on any Host Community Agreement for the purposes of filing an application with the State for an adult use cannabis retail establishment within the City of Cambridge, provided that said Host Community Agreement includes the maximum allowable taxation and relevant provisions that are substantially similar to or the same as those under which current medical cannabis establishments operate in the City.   Councillor Zondervan, Councillor Simmons

I'm just glad I live on a street with an elementary school, two Montessori pre-schools, and a day-care center. That should keep the stoners at a tolerable level.

Order #11. That the Chair of the Transportation and Public Utilities Committee be and hereby is requested to schedule a meeting to discuss parking options for City and School employees who do not get jobs that come with parking.   Councillor Kelley, Vice Mayor Devereux, Councillor Zondervan

Considering the list of sponsors of this Order, I would have expected a mandate that these School employees ride their bikes to work or be required to buy Teslas.

Order #12. That the City Manager is requested to have a funding plan in place to develop and implement protective barriers for Fresh Pond for the FY2018-19 budget.   Councillor Kelley, Councillor Toomey, Vice Mayor Devereux

I would like to see a more detailed rationale for this. Of course we all want to ensure the quality of our water supply (except Gary Mello), but the examples given in the Order are coastal locations that are vulnerable to storm surges. Any vulnerability of Fresh Pond would more likely come from sustained rain events and limitations to evacuating that stormwater primarily via the Alewife Brook and Mystic River.

Comments?