A bill for an ordinance establishing the Office of Climate Action, Sustainability, and Resiliency. A bill for an ordinance establishing the Office of Climate Action, Sustainability, and Resiliency. The Committee approved filing this item at its meeting on 8-13-19.
Madam Secretary, please close the voting, announce the results. 756786 nails Constable zero three has been ordered published final consideration with a courtesy public hearing will be Monday, August 26th. Madam Secretary, if you please put the next item on our screens and cancel them, can you please put Councilor 805 on the floor? Yes, Mr. President. I move that council bill 19 805 be published. This be ordered. Published has been moved and seconded. I didn't see any broad questions on this one, so I'm going to jump right into the First Amendment. So I would like to move that Council zero five be amended in the following particulars. One On page ten, line one Strike Board and Substitute Board. Executive Director of the Office of Climate Action, Sustainability and Resiliency two. On page 17, Line 33, Strike Section ten does 301a and substitute Section ten, that's 301a, Sections 11.5 Dash 19 A on page 18, line 22 straight year and insert year comma effective for on page 18 , line 31 strike section 11.5, dash 20 A and substitute section 11 start five Dash 19 A comma on page 20, line 20 Strike Board of Public Health and Environment and Substitute Board of Public Health and Environment. Office of Climate Action, Sustainability and Resiliency on page 22, Line 33 After Resiliency Insert or their designees on page 24, Line nine, strike Article 13 and Substitute Article 13, Article three on page 24, Line 11 Strike the Department of Public Health and Environment and substitute the Department of Public Health and Environment, the Office of Climate Action, Sustainability and Resiliency. The motion to amend has been moved. And second again, this is the purpose of these amendments are to correct some conforming language in the Bill of the Office as it pertains to some of the duties related to benchmarking in green roofs to clean up some clerical mistakes that were not referencing the correct things and the movement of those pieces of the bill. Are there any questions or comments on this amendment? All right. Seeing no, no. Ask for a yes vote. And, Madam Secretary, recall. Black. I see tobacco. Yes. So when I Gillmor I Herndon Hines I. Cashman I. Coinage I. Ortega, I. Sandoval, i. Sawyer. Torres. I. Mr. President. Hi, Madam Secretary. Please close the voting. Announce the results. 12 hours. 12 hours. Comfortable. 805 has been amended. Councilwoman, can each you also have an amendment? So go your go ahead with your motion to amend. Thank you. I move that council bill 19 dash 805 be amended in the following particulars on page 24 after line 26, insert the following subsection H Prevailing Wage Subsection one Payment of Prevailing Wage. Every city contract in excess of $2,000 that requires or authorizes covered work on noncommercial property and every city contract in excess of $5,000 that requires or authorizes covered work on commercial property, whether for an individual contractor subcontract or in aggregate where a contract or subcontract may require or authorize covered work across multiple properties. Expanding green building fund moneys must require that every worker, mechanic or other laborer employed by any contractor or subcontractor for covered work must be paid the prevailing wage , as described in Section 20, Dash 76 GRC Subsection two covered work. For purposes of this subsection H covered work shall mean drainage or construction, alteration, improvement, repair, maintenance or demolition, and the work of a doorkeeper caretaker, cleaner, window washer, porter, keeper, janitor or similar custodial or janitorial work. This subsection eight shall not apply to any person excepted from prevailing wage coverage by 2276. A DRC Subsection three Record Retention. A contractor or subcontractor that is required to pay prevailing wage in connection with a contract in accordance with paragraph one of this subsection H must keep and preserve for a period of at least three years payroll records and other suitable books and records as may be necessary to determine the prevailing wage to workers for covered work. The auditor shall be entitled at any reasonable time to examine the books and payroll records of a contractor or subcontractor related to such a contract and to make copies of their content. Subsection four Certified Payroll A contractor or subcontractor performing covered work and receiving compensation from the Green Building Fund in excess of $50,000, whether for an individual contractor or in aggregate must furnish to the auditor each pay period during which work is in progress in connection with the contract. A true and correct electronically certified copy of the payroll records of every person performing work related to the contract. The certified records must show the number of hours worked hourly pay and deductions made from pay and the net amount of pay received by each worker for the period covered by the payroll. Subsection five Enforcement. The auditor has the authority and duty to enforce the provisions of this subsection H. The penalty complaint and review provisions of Section 2276 E, F, and G apply to violations of this paragraph h. Thank you. Councilwoman, can each the motion to amend has been moved and seconded comments on this amendment. Councilman Kit. Thank you. This is to make sure that if there is the creation of a fund, that any new dollars that flow into the community where the city isn't the direct contractor for those contracting construction dollars would still be covered by prevailing wage standards to ensure that we are meeting the equity goals of the ordinance to make sure that these are good jobs and not just low road jobs. So the certified payroll is the typical way the city does prevailing wage, but it's a it's a new computer system. And we didn't want to make sure that, you know, newer contractors or smaller contractors who don't typically do business with the city would have to do that full reporting system. So the majority system established in this amendment is a complaint system where you have to keep the records as the contractor. If a worker complains that they were not adequately paid, then you have to furnish those records to the auditor. But for large contractors, if you're doing work over $50,000, you probably know how to do certified payroll because you've probably done some government work before. So there's two systems here. And then the enforcement provisions that are referenced include penalties and back wages and things like that so that we can make any workers who are underpaid. Hold thinking. Oh, just if I may add, I did work. We had short time, but we worked with the auditor and did share this with some of the individuals in the construction industry who work to advance the protection of workers wages. So thank you. Thank you. Councilman, can you see no other questions or comments on this? I'll just add, I thank you. I appreciate you bringing this forward and in helping, I think, make our bill better. And I think this is very much in line with the vision to lift up our communities and our workforce as we tackle this climate change . So thank you very much. I will be supporting today, Madam Secretary, roll call on the amendment. Can each I black I see tobacco. Yes. Flynn, I Gillmor I. Herndon, I. Hines yes. Cashman, I. Ortega I. Sandoval, I. Sawyer I. Torres, I. Mr. President. I. I'm secretary. Please close voting. Announce Results. 13 Eyes 13 Eyes Council will 805 has been amended. I didn't see if I called this out specifically for comments, but I still see you in there. Councilman Kennedy, did you have comments on this bill before we vote? I did. Go ahead. Thank you. Before we discuss this bill further, I wanted to take a moment to direct us to our council rules. Rule 9.6 is our rule for decorum. And one of the things that that rule asks for is that members not question the motives of other council members or disparage other council members. I believe that this is a very important debate we're having, and I believe that everyone up here cares about the climate. I have serious concerns that I outlaid, but I believe that some of the debate we had on the prior bill violated this rule or came very close to it by disparaging the intent of individuals who believe that a different method or in a different approach might be better. I think we are strongest when we have disagreements and we find common ground, but I do not believe that we need to disparage each other, to disagree. I care about equity and I believe that there are ways to address that equity through rebates. I think the fact that I'm interested in different approaches does not mean that I don't care about equity. And I certainly don't believe that some of the other comments that were made were necessary for us to degree disagree on the policy . So I invite our President as the presiding over this meeting, to think about our Rule 9.6 and help hold us all to it. Thank you. Thank you. Councilwoman can. All right. See no other comments. Madam Secretary, please call on accountability. Zero five. Black. I see tobacco. I swim. Hi. Gilmore. Herndon. Hi. Hi. Hi. Cashman. Kenny Ortega. Sandoval. Hi. Sawyer. I. Torres. I. Mr. President. I. I'm secretary. Please close the voting. Announce the results. 13 eyes. 13 eyes. Comfortable. 805 has been ordered published. Final consideration with courtesy. Public hearing will be on Monday, August 26th. I believe, Madam Secretary, is that okay? That concludes the items to be called out. All bills for introduction are ordered published, were now ready for the block vote on resolutions and bills on final consideration. Council members remember that this is a consent or block vote and you will need to vote. Otherwise this is your last chance to call an item for a separate vote. Councilwoman, can you please for the resolutions for adoption and the bills on final consideration for final passage on the floor?