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STATED MEETING of Wednesday, April 20, 2016, 2:13 P.M

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STATED MEETING of Wednesday, April 20, 2016, 2:13 P.M THE COUNCIL Minutes of the Proceedings for the STATED MEETING of Wednesday, April 20, 2016, 2:13 p.m. The Public Advocate (Ms. James) Acting President Pro Tempore and Presiding Officer Council Members Melissa Mark-Viverito, Speaker Inez D. Barron Vanessa L. Gibson Annabel Palma Joseph C. Borelli David G. Greenfield Antonio Reynoso Margaret S. Chin Barry S. Grodenchik Donovan J. Richards Andrew Cohen Corey D. Johnson Ydanis A. Rodriguez Costa G. Constantinides Ben Kallos Deborah L. Rose Robert E. Cornegy, Jr Karen Koslowitz Helen K. Rosenthal Elizabeth S. Crowley Rory I. Lancman Rafael Salamanca, Jr Laurie A. Cumbo Bradford S. Lander Ritchie J. Torres Chaim M. Deutsch Stephen T. Levin Mark Treyger Inez E. Dickens Mark Levine Eric A. Ulrich Daniel Dromm Alan N. Maisel James Vacca Rafael L. Espinal, Jr Steven Matteo Paul A. Vallone Mathieu Eugene Darlene Mealy Jumaane D. Williams Julissa Ferreras-Copeland Carlos Menchaca Daniel R. Garodnick Rosie Mendez Vincent J. Gentile I. Daneek Miller Absent: Council Members Cabrera, King, Koo, and Van Bramer. Medical Leave: Council Member Wills. The Public Advocate (Ms. James) assumed the chair as the Acting President Pro Tempore and Presiding Officer for these proceedings. 926 April 20, 2016 During the Roll Call for Attendance, the proceedings were temporarily halted and the balcony was cleared so that emergency personnel could attend to a young woman who was in need of medical attention. Later in the Meeting, the Speaker (Council Member Mark-Viverito) announced that the young woman was being taken care of and she wished her a speedy recovery on behalf of the Council. After consulting with the City Clerk and Clerk of the Council (Mr. McSweeney), the presence of a quorum was announced by the Public Advocate (Ms. James). There were 46 Council Members marked present at this Stated Meeting held in the Council Chambers of City Hall, New York, N.Y. ADOPTION OF MINUTES Council Member Barron moved that the Minutes of the Stated Meeting of March 22, 2016 be adopted as printed. INVOCATION The Invocation was delivered by Rabbi Haskel Lookstein, Rabbi Emeritus, Congregation Kehilath Jeshurun, 125 East 85th Street, New York, N.Y. 10028. Let us pray. Heavenly Father, we thank you on this beautiful spring day. You've given us health and strength. You've blessed us with liquid sunshine and we say thank you. We also come to ask a special blessing of wisdom and discernment upon this special group of legislators, men and women that you have ordained, 51 people that you have purposed together for such a time as this. We ask that you will watch over this city, which is one of your many wonderful creations, a city that never sleeps, but we are thankful that you never sleep nor slumber. Thank you for being the Eternal Keeper in a world that is ever changing. Strengthen them as they seek to make a better New York for all. May the Lord bless you, and keep you. May the Lord make his face to shine on you and be gracious to you. May the Lord turn his face toward you and give each of you peace. Amen. Council Member Garodnick moved to spread the Invocation in full upon the record. 927 April 20, 2016 During the Communication from the Speaker segment of the Meeting, the Speaker (Council Member Mark-Viverito) asked those assembled to recognize and remember the victims of the recent earthquakes in Ecuador and Japan that took place on April 16, 2016. Over four hundred people lost their lives in Ecuador and at least thirty-two were killed in Japan with thousands more injured in both these countries. She asked everyone to keep these victims in their thoughts and prayers. MESSAGES & PAPERS FROM THE MAYOR Preconsidered M-392 Communication from the Mayor - Submitting the name of Manuel Miranda to the Council for its advice and consent regarding his appointment as a member of the New York City Art Commission, pursuant to Sections 31 and 851 of the New York City Charter. April 7, 2016 The Honorable Melissa Mark-Viverito Council Speaker City Hall New York, NY 10007 Dear Speaker Mark-Viverito: Pursuant to Sections 31 and 851 of the New York City Charter, 1 am pleased to present the name of Manuel Miranda to the City Council for advice and consent in anticipation of his appointment as a member of the New York City Art Commission, known as the Public Design Commission. When appointed, Mr. Miranda will serve for the remainder of a three-year term expiring on December 31, 2017. I send my thanks to you and all Council members for reviewing this Public Design Commission appointment. Sincerely, Bill de Blasio Mayor BDB:tf cc: Manuel Miranda Alicia Glen, Deputy Mayor for Housing and Economic Development Signe Nielsen, President, New York City Public Design Commission Referred to the Committee on Rules, Privileges and Elections. 928 April 20, 2016 LAND USE CALL-UPS M-393 By Council Member Van Bramer: Pursuant to Rule 11.20.b of the Council and Section 197-d (b)(3) of the New York City Charter, the Council hereby resolves that the action of the City Planning Commission on Uniform Land Use Review Procedure Application No. C 050319 MMQ shall be subject to Council review. Coupled on Call-up vote. The Public Advocate (Ms. James) put the question whether the Council would agree with and adopt such motion which was decided in the affirmative by the following vote: Affirmative – Barron, Borelli, Chin, Cohen, Constantinides, Cornegy, Crowley, Cumbo, Deutsch, Dickens, Dromm, Espinal, Eugene, Ferreras-Copeland, Garodnick, Gentile, Gibson, Greenfield, Grodenchik, Johnson, Kallos, Koslowitz, Lancman, Lander, Levin, Levine, Maisel, Mealy, Menchaca, Mendez, Miller, Palma, Reynoso, Richards, Rodriguez, Rose, Rosenthal, Salamanca, Torres, Treyger, Ulrich, Vacca, Vallone, Williams, Matteo and the Speaker (Council Member Mark-Viverito) – 46. At this point, the Public Advocate (Ms. James) declared the aforementioned item adopted and referred this item to the Committee on Land Use and to the appropriate Land Use subcommittee. REPORTS OF THE STANDING COMMITTEES Committee on Civil Service and Labor Report for Int. No. 1004-A Report of the Committee on Civil Service and Labor in favor of approving and adopting, as amended, a Local Law to amend the administrative code of the city of New York, a Local Law to repeal section 22-505 of the administrative code of the city of New York, relating to displaced building service workers and to re-enact such section. The Committee on Civil Service and Labor, to which the annexed amended proposed local law was referred on November 24, 2015 (Minutes, page 4130), respectfully REPORTS: INTRODUCTION On April 19, 2016, the Committee on Civil Service and Labor, chaired by Council Member I. Daneek Miller, will hold a hearing on Proposed Int. No. 1004-A, a Local Law to repeal section 22-505 of the administrative code of the city of New York, relating to displaced building service workers and to re-enact such section. The committee previously heard this bill as Preconsidered Int. No. 1004-A on November 23, 2015. This will be the second hearing on this bill. 929 April 20, 2016 BACKGROUND Generally speaking, worker retention laws and policies are designed to protect workers when there is a change in ownership or contracts.1 The Partnership for Working Families has stated that, “Worker retention policies protect the welfare of working families, they provide a stable and knowledgeable workforce for contractors or business owners, and thus maintain the provision of reliable service to clientele.”2 Although the mechanisms vary, worker retention provisions operate to help employees keep their jobs, sometimes for a transitional period of time, if there is a change in ownership of a business or a contract holder.3 Referring to a newly enacted California statewide law that provides a retention period for private sector grocery workers, Mickey Kasparian, President of the United Food and Commercial Workers Union Local 135 in San Diego, commented that the “grocery industry is changing at a fast and furious pace, and that can create a lot of uncertainty for the employees that have made these stores so profitable. It’s important that workers have a fair chance to keep their jobs.”4 New York’s first such law, the Displaced Building Service Worker Protection Act (DBSWPA), was enacted by the City Council in 2002. The DBSWPA has been enforced by the National Labor Relations Board, as recently as August of 2015.5 However, New York City was not the first to pass legislation for the retention of workers. In 1994, Washington, D.C. passed a worker retention law, referred to as the “Displaced Worker Protection Act,” that covered contractors who employ 25 or more persons and perform food, janitorial, maintenance, or nonprofessional health care services. The terms of the D.C. law are similar to the DBSWPA. Since the DBSWPA, several other jurisdiction have put retention laws into effect, including numerous cities: Philadelphia, PA; Providence, RI; Los Angeles, CA; San Francisco, CA; Oakland, CA; Long Beach, CA; Berkeley, CA; San Jose, CA; Santa Cruz, CA; San Leandro, CA; Gardena, CA; Emeryville, CA; and New Haven, CT; by the Counties of Los Angeles, CA; Santa Cruz, CA; and Westchester, NY; by the District of Columbia and the State of California. Finally, earlier this year the Council passed the Displaced Grocery Worker Retention Act on January 20, 2016.6 As detailed below, Preconsidered Int. No. 1004-A would amend the DBWPA in numerous ways, including, covering tenants, insourcing, outsourcing, increasing and indexing to inflation a salary cap for coverage of the law and increased remedies for violating the law.
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