December 16, 2002 Cambridge City Council meeting - Agenda

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $1,999,049 in the Grant Fund of the Community Development Department Salary & Wages Account ($733,114), Other Ordinary Maintenance Account ($1,260,285), and Travel & Training Account ($5,650) from the U.S. Dept. of Housing & Urban Development to provide funds to support the Lead-Safe Cambridge Program for the two-year period of Jan 1, 2003 through Dec 31, 2004.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-101, regarding a report on diversity training provided to City employees.

CHARTER RIGHT
1. Charter Right exercised by Vice Mayor Davis on Applications and Petitions #1 of Dec 9, 2002 an application from Jill Toney requesting a curb cut at the premises numbered 45 Creighton Street.

ON THE TABLE
2. Landmark Designation Study Report for Shady Hill Square, 1-11 Shady Hill Square and 36 Holden Street.

3. Landmark Designation Study Report for designating as a protected landmark the Tulip Tree at 1436 and 1446 Cambridge Street.

4. Order #19 of September 9, 2002 requesting the City Manager to direct the Community Development Department to make maximum use of CPA funds to develop affordable housing that is permanently affordable, such as limited equity cooperatives and condos.

5. Order #17 of October 7, 2002 requesting the City Manager to appoint someone to speak with Neighbors for a Better Community to explore possible collaboration.

6. Applications and Petitions #1 of Nov 18, 2002 an application from John Kennedy requesting a curb cut at the premises numbered 33 Walker Street.

7. Applications and Petitions #1 of Nov 25, 2002 an application from Thomas Anninger requesting a curb cut at the premises numbered 122 Hamilton Street.

UNFINISHED BUSINESS
8. Petition from Harvard University requesting a sub-surface easement located between 1720 and 1737 Cambridge Street for the purpose of constructing an underground pedestrian and service tunnel beneath Cambridge Street.

9. Proposed amendment to the Zoning Ordinance to Section 11.200 to increase linkage fees paid by developers of commercial housing seeking special permits to increase density or intensity of use. The question comes on passing to be ordained on or after Nov 11, 2002. This petition expires Dec 31, 2002.

APPLICATIONS AND PETITIONS
1. An application was received from Cambridge Arts Council, requesting permission for two temporary banners across Massachusetts Avenue in front of City Hall and across Massachusetts Avenue at Brookline Street announcing the Joyful Noise celebration.

COMMUNICATIONS
1. A communication was received from Bill Cavellini, regarding 100 Landsdown Street.

2. A communication was received from Stace Lindsay, regarding the curb cut at 45 Creighton Street.

3. A communication was received from Paul Toner, President, Cambridge Teachers Association, transmitting thanks for the resolutions sent recognizing retirement or completion of twenty-five years of teaching.

RESOLUTIONS
1. Resolution on the death of Nerses Bergoudian.   Mayor Sullivan

2. Expressing appreciation to Leonard LeFebvre for his many years of dedicated service.   Mayor Sullivan

3. Expressing appreciation to Gloria Thompson for her many years of dedicated service.   Mayor Sullivan

4. Expressing appreciation to Patricia Casey for her many years of dedicated service.   Mayor Sullivan

5. Expressing appreciation to Bernard Flynn, Jr. for his many years of dedicated service.   Mayor Sullivan

6. Expressing appreciation to Richard Collins for his many years of dedicated service.   Mayor Sullivan

7. Expressing appreciation to Sarah MacLennan for her many years of dedicated service.   Mayor Sullivan

8. Resolution on the death of James Lindstrom.   Councillor Galluccio, Vice Mayor Davis

9. Congratulating Jerry McDermott on winning the 9th City Council District for Allston and Brighton.   Councillor Toomey

10. Congratulating the winners of the 4th Annual Cambridge Fire Medal Day.   Councillor Toomey

11. Resolution on the death of Vincenza R. LoGalbo.   Mayor Sullivan

12. Resolution on the death of Frances Andias.   Councillor Toomey

13. Expressing appreciation to Francis X. Deely, Jr. for this thirty years of dedicated service.   Mayor Sullivan

14. Extending congratulations to Roby Fader for his work being presented by the Cambridge Art Association entitled "Surfacing" on Dec 6, 2002 through Jan 7, 2003.   Councillor Murphy

ORDERS
1. Requesting the City Manager to report on the feasibility of hiring a City Archivist in the foreseeable future.   Councillor Simmons

2. That the attached proposed amendment to the Municipal Code to amend the Cost of Living Adjustment Provision of the Living Wage Ordinance be referred to the Ordinance Committee for a hearing and report.   Councillor Murphy, Vice Mayor Davis, Councillor Decker and Mayor Sullivan

3. Requesting the City Manager to instruct the Police Commissioner to hold a community meeting within two weeks in the Mount Auburn/Haggerty School community.   Mayor Sullivan

4. Requesting the City Manager to designate specific staff and resources for coordinating all sister city projects.   Councillor Decker

5. Requesting the City Manager to instruct the City Solicitor to redraft home rule legislation to lower the voting age to seventeen in Cambridge municipal elections.   Vice Mayor Davis, Councillors Simmons, Galluccio, Toomey, Decker and Murphy

6. That the attached report, "The Economic Impact of the Proposed Cambridge Smoking Ban," be referred to the Ordinance Committee for presentation by the authors at the next hearing scheduled on this matter.   Vice Mayor Davis

7. Requesting the City Manager to instruct the City Solicitor to consult with the Director of Traffic, Parking and Transportation to draft home rule legislation to appropriately adjust, if necessary, the maximum fine for parking violations that pose public safety hazards.   Vice Mayor Davis

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Health and Environment Committee, for a meeting held on November 22, 2002 to conduct a roundtable discussion for the City Council members with city staff on the proposed Climate Protection Plan.

HEARING SCHEDULE
Mon, Dec 16
5:30pm   City Council Meeting (Sullivan Chamber)

Wed, Dec 18
4:30pm   The Civic Unity Committee will conduct a public meeting to discuss enforcement of panhandling, public drinking, and drug activity in and around Porter, Central and Harvard Squares. (Ackermann Room)

Mon, Jan 6
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Jan 13
5:00pm   Special Presentation to welcome Yerevan high school students and teachers. (Sullivan Chamber)
5:30pm   City Council Meeting (Sullivan Chamber)

Tues, Jan 14
4:00pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the issue of franchise fees paid to Cambridge by AT&T Broadband for the use of its public ways in light of ruling of FCC that the internet is not a cable service and the possibility of seeking an alternative revenue source. This meeting to be televised. (Sullivan Chamber)

Wed, Jan 15
4:00pm   The Ordinance Committee will conduct a public hearing to discuss a proposed amendment to the Municipal Code to provide for an Assistant City Manager for Public Safety. (Sullivan Chamber)

Mon, Jan 27
5:00pm   Special Presentation for Cambridge Public School Art Department showing. Reception in Mayor’s Office. (Sullivan Chamber)
5:30pm   City Council Meeting (Sullivan Chamber)

Tues, Jan 29
4:00pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the following:
   -possibility of Cambridge charging a fee for using the city’s right-of-ways for running fiber optic cables
   -plan to develop a public information cable television spots. (Sullivan Chamber)
5:30pm   Roundtable Meeting with the Cambridge Health Alliance Informal meeting with no public comment, at which time no votes will be taken. Meeting will not be televised. (Sullivan Chamber)

Mon, Feb 3
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Feb 10
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Feb 24
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Mar 3
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Mar 10
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Mar 17
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Mar 24
5:30pm   City Council Meeting (Sullivan Chamber)

Mon, Mar 31
5:30pm   City Council Meeting (Sullivan Chamber)

TEXT OF ORDERS
O-1     Dec 16, 2002
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to report on the feasibility of hiring a City Archivist in the foreseeable future.

O-2     Dec 16, 2002
COUNCILLOR MURPHY
VICE MAYOR DAVIS
COUNCILLOR DECKER
MAYOR SULLIVAN
ORDERED: That the attached proposed amendment to the Municipal Code to amend the Cost of Living Adjustment Provision of the Living Wage Ordinance be referred to the Ordinance Committee for a hearing and report. The Living Wage Ordinance provides in section 2.121.030(b) for a yearly cost of living adjustment in the living wage based on the Consumer Price Index. Because of what we believe was an error in the drafting of the COLA language, the cost of living increases determined by the City each year are calculated as a percentage of the original $10.00 living wage and not as a percentage of the previous year’s living wage, as application of the Consumer Price Index is intended. The unfortunate result of this is that with each year the living wage will fall further and further behind the actual cost of living. We recommend that the City Council amend the Living Wage Ordinance as follows:
    Section 2.121.030 (b). Delete "$10.00" and replace it with "the then existent living wage. Effective March 1, 2003, the Living Wage shall be calculated to reflect the compounded increase in the above-referenced CPI since the inception of the ordinance."
Current Section 2.121.030 (b):
    (b) Amount of wage. The Living Wage shall be calculated on an hourly basis and shall be no less than $10.00, subject to adjustment as provided herein. The Living Wage shall be upwardly adjusted each year no later than March first in proportion to the increase at the immediately preceding Dec 31 over the year earlier level of the Annual Average Consumer Price Index for all Urban Consumers (CPI-U) Boston-Lawrence-Salem, MA-NH, as published by the Bureau of Labor Statistics, United States Department of Labor applied to $10.00.
    Proposed amended Section 2.121.030(b):
    (b) Amount of wage. The Living Wage shall be calculated on an hourly basis and shall be no less than $10.00, subject to adjustment as provided herein. The Living Wage shall be upwardly adjusted each year no later than March first in proportion to the increase at the immediately preceding Dec 31 over the year earlier level of the Annual Average Consumer Price Index for all Urban Consumers (CPI-U) Boston-Lawrence-Salem, MA-NH, as published by the Bureau of Labor Statistics, United States Department of Labor applied to the then existent living wage. Effective March 1, 2003, the Living Wage shall be calculated to reflect the compounded increase in the above-referenced CPI since the inception of the ordinance.

O-3     Dec 16, 2002
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report to the City Council relative to the increase in crime in the Mount Auburn/Haggerty School community; and be it further
ORDERED: That the City Manager be and hereby is requested to have the Police Commissioner to hold a community meeting within two weeks in the Mount Auburn/Haggerty School community; and be it further
ORDERED: That until said neighborhood meeting is held, increased police presence is requested in this area.

O-4     Dec 16, 2002
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to designate specific staff and resources for coordinating all sister city projects; and be it further
ORDERED: That the City Manager report back to the City Council on this matter.

O-5     Dec 16, 2002
VICE MAYOR DAVIS
COUNCILLOR SIMMONS
COUNCILLOR GALLUCCIO
COUNCILLOR TOOMEY
COUNCILLOR DECKER
COUNCILLOR MURPHY
ORDERED: That the City Manager instruct the City Solicit or to redraft home rule legislation to lower the voting age to seventeen in Cambridge municipal elections, incorporating the following principles:
1) That for the purposes of this legislation, local eligible seventeen year olds would be considered "local voters" and would not be referred to as "voters."
2) That "local voter" will hereby be defined as citizens of the City of Cambridge who are of the age of seventeen.
3) That the Cambridge Election Commission would establish a separate registration list for seventeen year olds who fill out an alternative registration form. Upon turning eighteen,
each "local voter" would be taken off the list and notified that they must register as a full "voter", following state guidelines.
4) That the Cambridge Election Commission would create and print at the city’s expense the special application needed for the purpose of registering "local voters."
5) That in rare cases when a local question appears on a state election ballot, the separate ballot would be printed at the city’s expense.
6) That seventeen-year-old "local voters" would not be eligible to run for office in municipal elections.
7) That "local voters" would not be eligible to sign candidate nomination papers.
8) That "local voters" would not be included in the number of voters for purposes of determining the number of signatures needed to present petitions to the school committee or city council or for binding petition initiatives.

O-6     Dec 16, 2002
VICE MAYOR DAVIS
ORDERED: That the attached report, "The Economic Impact of the Proposed Cambridge Smoking Ban," be referred to the Ordinance Committee for presentation by the authors at the next hearing scheduled on this matter.

O-7     Dec 16, 2002
VICE MAYOR DAVIS
ORDERED: That the City Manager instruct the City Solicitor to consult with the Director of Traffic, Parking & Transportation to draft home rule legislation to appropriately adjust, if necessary, the maximum fine for parking violations that pose public safety hazards.

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