Meet the New Year, Same as the Old Year - Featured Items on the January 4, 2021 Cambridge City Council Agenda

There are two things in my daily/weekly routine that fill me with dread. The first is when I check the latest count of Covid infections and deaths among Cambridge residents. The most recent count indicated 51 new infections but fortunately no new deaths. However, after a long period of no new deaths (it was pinned at 100 for 82 days), there have been 8 new reported deaths since Dec 15, and this is very alarming. My other moment of dread is when I check the agenda for the next City Council meeting. That's when I expect to see the latest attempt by our elected scolds to dictate to Cambridge residents what they in their imagined brilliance feel is The Way Things Must Be. Whether it's dictating how to manage trees in my yard or whether my gas stove should be banned, they are always in the hunt for further ways to limit personal choice or play to the latest trendy movements. Thankfully, this week they gave us a break, but who know what's in the pipeline. Sometimes I think that constitutional rights may be the only recourse.

The last meeting of 2020 had some interesting late additions. They emerged from Executive Session with a late appropriation order for a $1.4 million legal settlement (or so it appears). We are only left to speculate whether this was related to the Vail Court eminent domain taking of a few years ago or something else. In the Vail Court case, if the property owners had any sense (they didn't) they could have built a mixed income residential development that would have added vitality to that corner of Central Square. Instead, the City felt compelled to take the property by eminent domain for the usual uninspired purposes. Had that property been redeveloped in concert with the underutilized parking lot at the corner of Prospect Street we could have seen a really interesting revitalization of what may be the single most drab location in the Greater Central Square area. That, of course, would have required creative thinking and negotiation from the Community Development Department, but instead we ended up with asphalt and legal settlements. Then again, perhaps the $1.4 million was for hush money. At least that would make for a more interesting story.

The other big story from the previous meeting was the $18.5 million eminent domain taking of an athletic field along Fresh Pond Parkway and the simultaneous disposal of the Green Ribbon Open Space Report from March 2000 (see comments of previous meeting if interested). Predictably, the councillors endorsed by ABC (A Bigger Cambridge) would prefer to Build Baby Build on that land. Clearly Cambridge has far too much open space. </sarcasm>

Here's my first pass at the marginally interesting stuff this week:

Manager's Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to an update on COVID-19.

Charter Right #1. Policy Order re: Covid-19 Vaccines.

Order #4. That the City Council go on record supporting the School Committee in aligning School opening and closing with the “Schools and Path to Zero” framework with the goal of opening up all schools for in person learning, and supporting all efforts to include as many students as practically possible for at least some in person learning, with the goal of full time in person learning as soon as it can be done safely.   Councillor Nolan, Mayor Siddiqui, Councillor McGovern, Councillor Simmons

There was a great little book published some years ago called Innumeracy - Mathematical Illiteracy and its Consequences by John Allen Paulos. I often think of this book and it's theme when reading or hearing from city councillors or from more than a few people in the City's employ. Whether it's in promoting development with few goals or quantification, or the laundry list of brainstorming ideas that was dubbed "Envision Cambridge," or in making sense of the relative risk of Covid-19 infection from various activities, innumeracy is often the rule. Regarding the public schools, at some point three metrics were chosen to determine whether our schools would be primarily in-person or done via remote learning. If we exceed 2 of the 3 metrics, it's shutdown time for all the schools. That's where we are right now - average of 25.7 new cases/day (the limit is 25, so a slight excess) and 851.5/ml viral copies in wastewater testing (limit is 100/ml).

The crux of Order #4 seems to be to support the proposal to open the schools and keep them open just as long as individual schools can demonstrate that they are maintaining and ensuring a low-risk environment. I have no idea what the thinking of School Committee members is on this matter, but I do like the basic idea of evaluating each situation on its own merits.

As for the Order re: vaccines held over from the last meeting, I'll simply note that on the one hand our councillors want to ensure that only the most effective vaccines are made available to Cambridge residents, but they also want us to be last in line only after all higher-risk communities have been vaccinated (Order #3 of Dec 21). The truth is that most of these decisions are not in the hands of city councillors but more appropriately in the hands of public health officials, and for this I am grateful.

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Manager's Agenda #2. A communication transmitted from Louis A. DePasquale, City Manager, relative to the biennial City of Cambridge Resident Telephone Survey for 2020.

I used to actually read these survey results, but I now question their validity. On the housing question in particular, I will simply note that possibly 100% of residents want housing to be affordable, but that's not the same as endorsing the City's approach to "affordable housing." So many satisfaction surveys are more a function of the way the questions are asked than of the responses received. By the way, I believe that mom and apple pie are still highly regarded.

Manager's Agenda #3. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Zoning Petition which amends Article 8.000 of the Cambridge Zoning Ordinance.

Since the court decision leading to this recommendation would favor slightly more flexibility for owners of single-family and two-family homes, I'll not be surprised if there's resistance to the recommendation by the density boosters who would prefer that Cambridge be more like Coop City in the Bronx. The nerve of someone wanting to live in a single- or two-family home. Don't they know there's a crisis going on? </sarcasm>

Manager's Agenda #4. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-72, regarding keeping Riverbend Park opened beyond Dec 27, 2020.

Sorry folks. I guess the ample sidewalks and paths alongside Memorial Drive will have to be repopulated for the duration of the season.

Order #1. That the City Manager be and hereby is requested to direct the Law Department to draft Home Rule Petition language for a Fire Cadet Program similar to the language used in the Police Department Home Rule Petition.   Vice Mayor Mallon, Councillor McGovern, Councillor Toomey, Councillor Simmons

This is a good idea, but I still find it remarkable that a Home Rule Petition is required to create programs like these.

Order #3. That the Cambridge City Council formally expresses its interest in joining other cities actively pursuing digital equity and internet access by signing up for Next Century Cities.   Councillor Nolan, Councillor Zondervan

In all the controversy and committee meetings about the possibility of investing in municipal broadband, there are a few things that don't get nearly enough attention. One is the matter of TV - you know, as in television programs. You would think from the proponents that TV (Cable or otherwise) is something only senior citizens want. Maybe it's true and that nobody under 50 watches television anymore, but it never seems to be part of the discussion. Another matter rarely addressed is the matter of who would actually provide the content and connectivity. It's not the same as water or electricity where you simply introduce the water or voltage to the conduit. Another point not emphasized nearly enough is that cities where municipal broadband has been established tend to be those who already operate their own electric utilities - and we don't. Anyway, I don't know much about Next Century Cities, but they seem to be concerned only with equity rather than content.

Committee Report #1. The Economic Development & University Relations Committee met on Nov 19, 2020 to discuss challenges and opportunities that exist in City purchasing, procurement and programs for MWBEs and other historically disadvantaged businesses and non-profits in Cambridge.

Committee Report #2. The Public Safety Committee met on July 7, 2020 to conduct a public hearing on the Cambridge Police Department's Use of Force Policy and related matters.

These reports are included for information only. Meanwhile, Councillor Zondervan is having another committee meeting this week in which he'll continue his campaign to defund the police. Political theater is such a poor substitute for real entertainment. - Robert Winters

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Dropping the Curtain on a Very Bad Year - Featured Items on the December 21, 2020 Cambridge City Council Agenda

Here's my rundown of the interesting stuff this week:

Manager's Agenda #1. A communication transmitted from Louis A. DePasquale, City Manager, relative to a COVID-19 update.
Placed on File 8-0-1 (Simmons ABSENT)

Manager's Agenda #2. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-44, regarding a Vaccine Task Force.
Placed on File 8-0-1 (Simmons ABSENT)

Order #2. Policy Order re Covid-19 Vaccines.   Councillor Simmons, Mayor Siddiqui, Councillor Carlone, Vice Mayor Mallon
Charter Right - Zondervan

Order #3. That the City Manager be and hereby is requested to work with the appropriate City personnel to establish a waiver for low-income individuals utilizing the Covid-19 vaccine if the vaccine would otherwise cost money to access.   Councillor Simmons
Order Adopted as Amended 9-0

The Beat Goes On. I would just like a better sense of what the principal causes are for the latest wave of Covid-19 positive tests. The fact that there were several new fatalities recorded this past week after many weeks without any new fatalities is, to say the least, alarming. Privacy concerns notwithstanding, a little explanation and reassurance right now will go a long way - even as the vaccine wagon rolls into town.

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Manager's Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to a response to Policy Order No. O-8 of July 27, 2020, regarding a review of the proposed amendments to Chapter 2.119 of the Municipal Code - the Domestic Partnership Ordinance.
Referred to Ordinance Committee 9-0

Unfinished Business #2. The City Manager be and hereby is requested to confer with the City of Cambridge Law Department to review the above changes to the language of the Domestic Partnerships Ordinance and report back to the Council. [PASSED TO A SECOND READING IN COUNCIL JULY 27, 2020. TO BE ORDAINED ON OR AFTER SEPT 14, 2020]  See Mgr #2

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Manager's Agenda #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommendation from the Planning Board to adopt with modifications, the MXD Amendments Zoning Petition.
Referred to MXD Petition 9-0

Manager's Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adoption the Cannabis Delivery Zoning Petition.
Referred to Petition 9-0 (Petition to be Re-Filed in January due to changes in State Law)

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Manager's Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt with modifications, the Canal District Kendall (PUD-CDK) Zoning Petition.
Referred to Petition 9-0

Manager's Agenda #10. A communication transmitted from Louis A. DePasquale, City Manager, relative to memo from the development economics consultant team led by Karl F. Seidman regarding a financial assessment of the Canal District Kendall (PUD-CDK) Zoning Petition submitted by BioMed Realty.
Referred to Petition 9-0

Unfinished Business #3. A Zoning Petition has been received from BMR–Third LLC c/o BioMed Realty, L.P. regarding a Zoning Amendment Petition for a new Planned Unit Development PUD District CDK. [PASSED TO A SECOND READING AS AMENDED ON NOV 30, 2020. TO BE ORDAINED ON OR AFTER DEC 21, 2020.]  See Mgr #10, #11
Ordained 9-0 as Amended; Letter of Commitment incorporated

Communications #6. A communication was received from Salvatore Zinno Vice President, Development, BMR-Third LLC, regarding commitment letter to accompany zoning amendment petition.
Letter of Commitment incorporated into Zoning Amendment

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Manager's Agenda #11. A communication transmitted from Louis A. DePasquale, City Manager, relative to the following requests relative to the eminent domain taking of 185 Larch Road: 1. Appropriate $7,702,000 from Free Cash to the General Fund Law Department Travel & Training (Damages) Account to cover the pro tanto payment toward the expenses of acquisition as required by the above referenced Sections of Chapters 40 and 43 of the General Laws for the property located at 185 Larch Road owned by BB&N; 2. Approve an Order to take by eminent domain a 185 Larch Road; and 3. Appropriate $10,798,000 from Free Cash to the General Fund Law Department Travel & Training (Damages) Account to fund the settlement of BB&N’s remaining eminent domain damages claim.
Order Adopted 8-1 (Toomey - NO)

Lest you think otherwise, note that the City Manager's message says: “For several decades the City Council has been asking City Managers to actively pursue opportunities to acquire and increase access to open space for all residents. Unfortunately, this goal has been very difficult to achieve due to the lack of availability of land suitable for open space use in Cambridge. Due to this, when BB&N expressed interest in selling Buckingham Field, we aggressively pursued this opportunity to acquire additional open space in Cambridge.”

About 20 years ago I served on the City’s Green Ribbon Open Space Committee whose charge was to develop priorities and strategies to acquire additional open space in Cambridge. Since then there have been some opportunities seized by the City to achieve these goals – notably the purchase and street closure that led to Greene-Rose Park in The Port neighborhood, movement on the Grand Junction corridor, and some parcels that came to us as a result of various upzonings. This is a densely-developed city with very few opportunities available for adding to our very small inventory of open space.

It is noteworthy that on the night when the City Council voted on a once-in-a-generation opportunity for the eminent domain taking of the BB&N land on Larch Road for open space, many city councillors chose to focus primarily on how they could turn around and build on this newly-acquired open space. In short, many/most councillors were essentially saying that we should tear up the Report of the Green Ribbon Open Space Committee of March 2000.

There are certainly lots of worthwhile priorities such as housing, schools, and additional space for Public Works, but it’s simply shameful that this particular group of councillors would choose to disregard long-standing calls for open space acquisition in such a dismissive way. Suffice to say that housing, including subsidized housing, can be built almost anywhere in the city. Few, if any, would advocate for demolishing residential buildings in order to create open space, but they seem very comfortable and even eager to eliminate open space at the very moment they are acquiring it.

I really hope there are some big changes on the City Council in November 2021.

Manager's Agenda #12. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request to move to Executive Session in order to discuss possible settlement and pending litigation.
Late Order Adopted 6-2-0-1 (Sobrinho-Wheeler, Siddiqui - NO; Nolan - PRESENT) after Executive Session for appropriation of $1.4 million for unspecified purposes (see below)

Manager's Agenda #13. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $1,400,000 from Free Cash to the General Fund Law Travel and Training (Judgment and Damages) account to cover current and future disbursements that must be paid from this account.
Late Order Adopted 6-2-0-1 (Sobrinho-Wheeler, Siddiqui - NO; Nolan - PRESENT)

I completely respect the idea of Executive Session “to discuss possible settlement and pending litigation” and for various other reasons, but I have never understood why this has to be such a McGuffin (as Alfred Hitchcock would say) where even the general topic of the Executive Session remains a suspenseful mystery. Would it compromise the City's position to just add a clarifying phrase such as “regarding an open space purchase” or “for the acquisition of residential units” or “in regard to the ongoing Vail Court litigation”? In the absence of such, my suspicious mind and desire for drama always drifts toward “for the purchase of the silence of Madame Bouvier regarding the scandal in the City Hall clock tower.”

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Resolution #7. Thanking Rep. Robert A. DeLeo for his many years of dedicated service.   Councillor Toomey
Failed of Adoption 3-3-0-3 (Mallon, McGovern, Toomey - YES; Sobrinho-Wheeler, Zondervan, Siddiqui - NO; Carlone, Nolan, Simmons - PRESENT)

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Order #1. That the Cambridge City Council calls upon the Animal Legal Defense Fund management to respect the democratic choice of its workers by, without delay, voluntarily recognizing ALDF United and bargaining a contract with ALDF United that reflects the core values of ALDF – compassion, innovation, balance, justice, commitment, and integrity – and that seeks to create a workplace that is anti-racist, cooperative, equitable, inclusive, just, respectful, and transparent.   Councillor McGovern
Order Adopted 9-0

Nothing says "municipal election year coming" like a ghost-written order in search of a candidate endorsement.

Order #4. That the City Manager and DCR explore the feasibility of keeping Riverbend Park open beyond Dec 27, 2020.   Councillor Sobrinho-Wheeler, Councillor Nolan, Mayor Siddiqui, Councillor Zondervan
Order Adopted 9-0

This may be a Very Good Thing, but let's please stop the pretense that this has anything to do with the pandemic and the need for social distancing.

Committee Report #1. The Ordinance Committee met on Oct 21, 2020 to conduct a public hearing on the Harvard Square Conservation District Study Committee Report.
Report Accepted, Placed on File 9-0; Order Adopted 9-0; proposed amendments to Chapter 2.78, Article III, Section 2.78.150 of the Cambridge Municipal Code, entitled “Definitions for Article III” Passed to 2nd Reading 9-0

I always love reading reports from the Cambridge Historical Commission and its related study committees. In addition to being extremely well-written and documented, they serve as a reminder that Cambridge does indeed have many buildings and settings that are absolutely worth preserving and enhancing. This truth is often lost on the latest wave of activists in the Robert Moses tradition of tearing all things down in the name of density without vision or any sense of history. Transit-oriented development and other smart projects notwithstanding, A Bigger Cambridge is not necessarily a better Cambridge.

Committee Report #2. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor Nolan, Chair of the Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee, for a public hearing held on Oct 14, 2020 to discuss the process for conducting the feasibility study for municipal broadband and the Request for Proposal.
Report Accepted, Placed on File 9-0

I'm glad that there's some movement on this regardless whether it leads anywhere - either at the speed of light or more slowly. I do find it interesting (and perhaps it's a generational thing) that there was not a single mention of Cable TV in the report. Some of us bundle our phone, TV, and Internet together and, even if most of us have a less-than-stellar view of the Comcast Evil Empire, we don't see broadband access as completely separate from our ability to get really crappy TV programming at an unreasonably high cost. - Robert Winters

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