Cambridge Civic Journal Forum

June 9, 2022

Giving and Taking – June 13, 2022 Cambridge City Council meeting

Giving and Taking – June 13, 2022 Cambridge City Council meeting

Temple and Mass Ave - 1910The FY2023 Budget may have been adopted last week, but the Big Money continues this week with an order requesting the appropriation and authorization to borrow $49,000,000 to provide additional funds for the construction of the Tobin Montessori and Vassal Lane Upper Schools project AND an Order to take by a so-called “friendly” eminent domain proceeding a 3-story office building located at 689 Massachusetts Avenue. The latter Order comes as a consequence of City Council Order #2 of Sept 27, 2021. The net cost of the purchase is expected to be $13,763,557 plus an additional $2.75 million in funds for building fit-out as the City develops its plans to occupy the office space. One of the planned uses of this property will be to house the newly created Community Safety Department.

Here are the agenda items that piqued my interest this week:

Manager’s Agenda #5. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board report with no positive or negative recommendation on the Craig Kelley, et. al. Zoning Petition. [CDD staff report]
pulled by Zondervan; Referred to Petition 9-0

Manager’s Agenda #6. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt, with additional comments, the Emissions Accounting Zoning Petition.
pulled by Zondervan; Referred to Petition (Zondervan) 8-0-1 (Simmons – ABSENT) – expected to be allowed to expire, amended, and resubmitted

Manager’s Agenda #7. A communication transmitted from Louis A. DePasquale, City Manager, relative to the second Progress Report due under the Cycling Safety Ordinance (Chapter 12.22 of the Cambridge Municipal Code), which is required to detail “…progress towards meeting the requirements set forth in Subsections C, D, E, F, G, and H.
pulled by Toner; Placed on File 9-0

In a related matter, the group “Cambridge Streets for All” filed a lawsuit on June 10 against the City of Cambridge challenging various aspects of the Bicycle Safety Ordinance – especially the process of how it was amended in 2020 and its implementation. I have no idea if this lawsuit has any chance of prevailing. I do, however, have some questions about whether the Ordinance takes management decisions out of the hands of the City Administration in violation of the City Charter. [Think about a scenario in which the City Council passed an ordinance mandating that all roads and sidewalks must be painted gold with rigid timelines for implementation regardless of cost or sense.] I also have a question about the fact that the City is supposed to have an appointed Traffic Board (established in 1961 by Special Act [Chapter 455] of the State Legislature) that provides an appeal process for all regulations promulgated by the Traffic Director. There is no record of there ever having been the necessary two-thirds vote of the City Council to revoke the provisions of this Special Act.

Manager’s Agenda #8. A communication transmitted from Louis A. DePasquale, City Manager, relative to order requesting the appropriation and authorization to borrow $49,000,000 to provide additional funds for the construction of the Tobin Montessori and Vassal Lane Upper Schools project located at 197 Vassal Lane.
pulled by Nolan; Appropriation/Loan Order Passed to 2nd Reading 8-1 (Zondervan – NO) [Note that this would bring the total cost to $299 million]; Reconsideration Fails 0-9

Manager’s Agenda #9. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 22-15, which requested a review of recent crashes at the intersection of Broadway and Highland Avenue.
Placed on File 9-0

Manager’s Agenda #10. A communication transmitted from Louis A. DePasquale, City Manager, relative to a recommendation that the City Council approve an Order to take by a so-called “friendly” eminent domain proceeding a 3-story office building comprising approximately 25,385 square feet (30,227 square feet with usable basement space) on a 0.23 acre lot located at 689 Massachusetts Avenue, Cambridge, MA 02139.
pulled by Mallon;

(1) Appropriation of $11,551,208 from Free Cash to pay the pro tanto, as set forth above and below (Order Adopted 9-0)

(2) Approve the Order of Taking (Order Adopted 9-0)

(3) Appropriation of $2,212,349 from Free Cash to settle the eminent domain damages claim and to pay the remainder of the purchase price of $14,500,000 after subtracting the pre-paid five year initial lease payment of $736,443 which will enable the City to acquire the Property and thereby resolve UUSC’s damages claim (Order Adopted 9-0)

(4) Appropriate $2,750,000 from Free Cash to develop plans, acquire the fit-out and furnishings and to undertake minor renovations for City departments to use and occupy the building. (Order Adopted 9-0)

(5) Reconsideration Fails 0-9

Manager’s Agenda #11. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Drinking Water Supply Protection (DWSP) Grant from the Executive Office of Energy and Environmental Affairs (EEA) for $102,968.50 to the Public Investment Fund Water Department Extraordinary Expenditures account which will be used for the for the Twin Pond Land Acquisition Project.
Order Adopted 9-0

Charter Right #2. A communication was received from Mayor Siddiqui, transmitting a communication about the Charter Review Committee. [Charter Right – Azeem, June 6, 2022]
Placed on File 9-0

Charter Right #3. Creation of an Ad-Hoc Committee for the purpose of reviewing and selecting self-nominated residents and stakeholders to be on the Charter Review Committee. [Charter Right – Azeem, June 6, 2022]
further Amended (9-0) and Adopted 9-0 on June 13, 2022, Reconsideration Fails 0-9

Please note that applications to serve on the Charter Review Committee are due no later than Tues, June 28, 2022 at 11:00pm, and the names of those appointed to the Charter Review Committee will be announced no later than July 1, 2022.

Order #3. That the City Manager is requested to direct the appropriate City staff to establish a “community healing initiative” plan to address the issues in our city.   Councillor Simmons
pulled by Simmons; notes recent anti-vax disruptions at Starlight Square event; Order Adopted 9-0

Order #4. That the City Manager is requested to direct the appropriate City staff to establish a notification system to all neighborhood residents, regardless of whether they own or rent their homes, within a set area where neighborhood disruptions such as infrastructure work or demolitions are scheduled to occur.   Councillor Simmons
Order Adopted 9-0

Order #5. Recognize June 19, 2022 as Juneteenth in the City of Cambridge, and in urging all Cambridge residents to reflect upon the meaning of this important day.   Councillor Simmons, Mayor Siddiqui
Order Adopted 9-0

Order #6. That the City Manager be and hereby is requested to work with DCR and all relevant City departments to expand Memorial Drive closures in the summer and fall of 2022.   Councillor Zondervan
pulled by Simmons; Adopted as Amended 9-0

Order #8. Proclaim June 25, 2022, to be “Pit Rat Day” to honor the history of The Pit and all of those who called it home.   Councillor McGovern
Order Adopted 9-0

December 20, 2020

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

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:New Year Ahead

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.


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


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)


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


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.”


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)


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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