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HomeMy WebLinkAbout2018-03-08MINUTES PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, MARCH 8, 2018 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Jonathan convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jan C. Harnik Member Kathleen Kelly Member Gina Nestande Vice Chairman Susan Marie Weber Chairman Sabby Jonathan Also Present: Lauri Aylaian, Executive Director Robert W. Hargreaves, City Attorney Rachelle D. Klassen, Secretary Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tim Jonasson, Interim Director of Public Works John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. M. Gloria Sanchez, Records Technician III. ADJOURN TO CLOSED SESSION Request for Closed Session: None MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 With Housing Authority Board concurrence, Chairman Jonathan adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:02 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. CONSENT CALENDAR A. MINUTES of the Housing Authority Meeting of February 22, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 2/2/2018 and 2/23/2018 (Joint Consideration with the Palm Desert City Council). Rec: Approve as presented. C. HOUSING COMMISSION MINUTES for the Meeting of January 10, 2018. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Construction of Mailbox Canopies and Carports Project at One Quail Place Apartments (Contract No. HA36610). Rec: By Minute Motion: 1) Reject all bids received for Construction of Mailbox Canopies and Carports Project at One Quail Place Apartments (Contract No. HA36610); 2) authorize staff to re -bid the project. Upon a motion by Harnk, second by Weber, and 5-0 vote of the Authority Board (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None), the Consent Calendar was approved as presented. VI. CONSENT ITEMS HELD OVER None VII. RESOLUTIONS None 2 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 VIII. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION, AMENDING THE SMOKE -FREE POLICY FOR AFFORDABLE RESIDENTIAL COMMUNITIES OWNED, OPERATED, AND RESTRICTED BY THE PALM DESERT HOUSING AUTHORITY, AND TAKING CERTAIN RELATED ACTIONS. Senior Management Analyst Jessica Gonzales stated that on August 28, 2014, the Authority Board adopted a Smoke -Free Policy. Thereafter, on November 27, 2017, the Housing Commission was provided an update of the policy's implementation and was asked to review the status of the allocation of smoke -free units. Unanimously, the Housing Commission recommended amending the policy to designate all Authority properties as Smoke -Free. Residents have been noticed of the proposed change in the current policy and the response has been minimal but positive. If the Authority Board adopts the new policy, formal notice will be provided to the residents and implementation will take place within 120 days. Given the United States Department of Housing and Urban Development recommendations and growing evidence provided by the U.S. Surgeon General regarding the harmful effects of second-hand smoke, staff recommended approval of the Resolution. Member Nestande asked if a smoker had to stop smoking and/or be evicted. Ms. Gonzales answered no, stating the policy does not require the resident to stop smoking, but they wouldn't be able to smoke in their unit or within any part of the community. Member Nestande said it sounded harsh, because there are other diseases such as obese and overeating, and the City doesn't limit those people. Even though she doesn't like smoking or enjoy being around it, she found the policy harsh. Member Kelly offered that what distinguishes this trait from others is that it actually does damage to the premises, requiring an extensive investment after someone vacates a unit, which affords the basis for the City to take a different stance. Having served as a representative to the Housing Commission for over a year, there was extraordinary passion behind the unanimous vote of the Commissioners when this issue came up, including those who are residents at the facilities. The reality is that no matter how strict the rules might be about where you can or cannot smoke on the premises, there are impacts to others who live there, and this also distinguishes this case from other unhealthy habits that folks may have. In respect of the passionate and unanimous view of the Commissioners, she 3 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 certainly supports the recommendation. As a representative to the Joslyn Center Board, she intends to propose whether they might be able to do some outreach to offer programs or assistance to those who want to cease smoking. It wouldn't be mandated, but they could take the initiative to offer that type of support. Member Nestande asked if an area that is 50-feet away from others can be designated for people that want to smoke. Ms. Gonzales noted the current policy prohibits outdoor smoking, but there have been designated smoking in the pool areas, but other than this one exterior area, the current policy prohibits it in the community. She noted that out of 1,114 units, 992 units are already designated as nonsmoking, either voluntarily or through attrition through the current policy. Member Nestande asked if that applied to cannabis use now that it's allowed in the City. Ms. Gonzales said it did. Member Harnik pointed out that in 2016, the Department of Housing and Urban Development (HUD) further issued a rule requiring each public housing agency to adopt the Smoke -Free Policy. As an ex -smoker, she believed imposing one's smoke on others was unfair. She went on to say that when people smoke in the affordable housing units that are essentially owned by the taxpayers, the City has to take taxpayers money to clean them up when vacated. Therefore, she supports the proposed Resolution. Vice Chairman Weber called attention to Section 3.5 of the Resolution where it states, "Failure to adhere to any of the conditions of this policy will constitute both a material noncompliance with the rental/lease agreement and a serious violation of the rental agreement," and in Section 3.6 it states, "Residents will be responsible for all costs to remove smoke, odor, or residue upon any violation of this policy." She said these sections are referring to the rental agreement, but it doesn't mention the consequences. Ms. Gonzales said they would follow the policy with respect to the rules in the community, which would be to serve an eviction. She added it was a process, because the residents are issued a notice and three days to perform or quit, stating the resident would have the option of resolving the issue. Further responding, she confirmed the resident may be responsible for the cleanup. Vice Chairman Weber asked if all the residents signing this agreement are acknowledging their responsibility. 4 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 Ms. Gonzales explained that if the Resolution is adopted, residents will be notified and given the requirements with regards to the rules of this new policy. She said California law requires a 60- to 90-day notice period, and the City is taking the 90-day period for residents to review and ask questions with respect to the policy. Vice Chairman Weber recalled that when medical marijuana became legal and some residents complained about the smell, homeowners' associations (HOAs) felt their hands were tied because residents were legally allowed to use it in their home. Here, the regulations address cannabis products, but not necessarily medical cannabis, asking if it applied as well. Mr. Hargreaves said he didn't know the answer to that question, but he would be happy to look it up. Ms. Gonzales replied she has been in communication with Legal Counsel Richards, Watson, and Gershon, and the communication was that it included medical marijuana for the smoking. The City's Ordinance indicates that as owner of the property, it may elect to prohibit any cannabis smoking on any of the housing properties. Further responding, she said it was the interpretation of Legal Counsel. Member Kelly pointed out that there are other ways to consume medical marijuana apart from smoking. Chairman Jonathan stated concerns raised on both sides of the issue resonated with him, but a different perspective is that by adopting this Resolution, the City would unintentionally be discriminating against seniors and low-income individuals who rightly or wrongly choose to engage in a legal activity. He wasn't sure it was good policy to outlaw something that is legal. On the other hand, everyone knew there are restrictions, like you can't do it in restaurants or within 20-feet of office buildings, etc. He would advocate that staff search for an accommodation for those residents who are elderly and low-income where not being able to smoke would create a hardship that they would not be able to avail themselves of the affordable housing the City provides. the Authority provides. He didn't believe the City should deny those individuals of that resource, but instead see if a room or an outdoor area could be provided that would not be bothersome to other residents, because that's important as well. At the same time, it enables the City to provide affordable housing to those seniors and low-income individuals that choose to engage in what is a legal activity. Member Nestande concurred. Member Kelly asked staff to clarify the current policy. 5 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 Ms. Gonzales stated the current policy does not allow residents to smoke in the exterior and common areas of the property, they are only allowed to smoke within the pool areas. Responding to question, she confirmed new tenants are not allowed to smoke. Member Kelly said Chairman Jonathan was suggesting going the opposite direction from what the Commission is recommending. She emphasized how vigorous the Commission's discussion was and the strong feelings they have, because it's their experience that allowing smoking in the pool area does not work and it's not an acceptable accommodation. She said smoke does not stop at the pool area and it impacts on the ability of others to use the pool. As various public policy bodies have determined in so many contexts, this is a situation where deferring to the choice of smokers causes much and too many impacts upon the lives of nonsmokers. Frankly, to contemplate going the opposite direction struck her as very problematic. She added the City has lived with the circumstance for some time in which it doesn't receive new residents and allows them to smoke, and the City still has a lengthy waiting list. Therefore, with the adoption of this policy, the City will still be meeting its objective of filling up its premises, but will do it in a way that is far more accommodative of everyone's health and lifestyle. Member Harnik stated this discussion has been about imposing on the smoker, yet the nonsmoker is having second-hand smoke ingested into their body. She said it wasn't fair for people to have to ingest poison because someone else chooses to smoke. Another thing to consider is the cost of a pack of cigarettes, and since it previously discussed offering smoking cessation classes at the Joslyn Center, perhaps the City can roll out these two things together, thereby offering solutions to a difficult situation. She reiterated it wasn't right to ask taxpayers to pay for the cleanup because someone choses to smoke, nor was it fair to impose having to breathe that poison. Because the Resolution mentions cigarettes and cannabis products, etc., does the City need to at least address the medical marijuana issue, because there are other ways to ingest cannabis and should it be addressed. Chairman Jonathan said that Members comments resonated with him and the arguments are reasonable. However, in terms of the Commission, he understood they are passionate, and the City's committees/commissions serve a certain purpose and they look at the issue from a different perspective. For example, the Architectural Review Commission is not approving a project, they are looking at the architectural aspect, and the same with Planning, etc. He believed the Housing Commission is looking at the complex and taking certain considerations into their thinking processes, but it was Council's job to take the 20,000 foot view and incorporate their comments to form policy. He believed it was bad policy to make rules and legislatively control people's lives that are engaging in a legal activity. 6 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 Having said that, it's an issue because smoking is an interesting dilemma. If you put two people in a room or area, one person has the legal right to smoke, but the other person has the right to clean, which is why he is looking for a solution that doesn't deprive either individual of their rights. He believed the solution is there, and it didn't have to be in all the complexes. He suggested providing an area by the parking lot or a room that can be properly ventilated. Member Nestande said she agreed and would vote in favor of such a motion. Member Harnik pointed out that in December 2016, HUD further issued a rule requiring each public housing agency administering public housing to adopt a smoke -free policy with implementation to be completed no later than August 3, 2018. Vice Chairman Weber said the report defines what a "Smoke -free Building" means, and it lists everything, including their private room. She was not supportive of telling people that what they are doing in their private room is wrong, but she would support asking them to pay for the clean up after they vacate a unit, because they are the ones that created the smell that saturates everything and it's a horrible expense. She shared she had a person she was responsible for who wanted to smoke in his room and was told he couldn't. He installed a gigantic filtration system to suck the smoke out so that no body else around could smell the smoke from his room. It was a responsibility he took on himself, and she believed the landlord is responsible to make sure each individual room has a filtration system, so now were back to having to pay for making sure this filtration works. It's not a simple issue, but there are other ways to handle it. She suggested grandfathering people who are already there, so that when they leave, there are consequences. Then all future tenants sign a lease agreeing not to smoke in the units, but hotels run into this all the time where people say they won't smoke but they do. She agreed that there has to be another way, but she wasn't in favor of having a common area where everybody can get together and smoke, because it's been her experience that when this happens the smoke goes all over the place. She was in favor of a smoke -free policy, but she was not in favor of including their private room. Member Kelly offered that she was urging deference to the Housing Commissioners, because some of them live in the affordable housing complexes and they are telling us that the status quo doesn't work. They are saying that allowing smoking on a site, even in limited or designated areas, doesn't work. Folks are not apt to keeping their windows closed, which means that even if they are smoking on their premises, there are impacts to others. As already mentioned by Vice Chairman Weber, there is no capacity to limit smoke to some designated air space once it's happening outside. If 7 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 would be nice to accommodate everyone, but Council had to be realistic in hearing the voices of the people who actually live there and are serving at the Board's behalf. Additionally, the notion of asking people to pay for the corrections once they vacate a unit, is impractical when dealing with low-income folks. Member Nestande said the Housing Authority could ask for a deposit up front before they move in. Member Kelly replied that if the funds could be obtained up front, they probably wouldn't need this type of housing. Member Nestande remarked that they would at least have a choice. Chairman Jonathan agreed the present policy is not working, and of course Commissioners who are nonsmokers are passionate about the adverse consequence they are experiencing, which is why they want to out rule it. He believed the Board needed to take the broader view from a policy standpoint. He agreed there is a problem, but he didn't agree that the solution is what is being presented in the proposed Resolution. He said there had to be a better solution where you accommodate those that don't smoke, while at the same time, you don't deprive seniors and low-income individuals of affordable housing that chooses to engage in a legal activity. With regard to HUD, he said he had a hard time with Sacramento telling everyone what to do, much less Washington, D.C. He won't say he didn't care, but if the language is broad enough that it needs to adopt a smoke -free policy, he didn't see anything that says it can't include an area that allows smoking. Member Harnik reiterated that taxpayers shouldn't have to pay to clean publicly held low-cost housing or senior housing from smoke. Additionally, Palm Desert has been ahead of the curb on protecting health and its community members from smoke. A previous City Council put in standards from smoking away from doors before the State, adding they were proactive, and they did a great job of respecting peoples health and choice. Staff is proposing to remain in that position, and she would hate to see the City take a step back, because it sounded to her that's what's being suggested. As already mentioned, the City has a waiting list for affordable housing, therefore, she couldn't support Palm Desert taking a step backwards. Member Kelly said Chairman Jonathan spoke about denying some category of folks affordable housing, yet the City has a lengthy waiting list for all its facilities, so you could say that every day it's denying housing because it doesn't have space for those people. Certainly, adopting a policy that allows people on that list to move into a housing whose habits would be most supported to good living conditions for everyone on the premises does a 8 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 whole lot more for the seniors and low-income folks whom the City is trying to serve than maintaining the status quo. Chairman Jonathan replied that at the end of the day it would still be discriminating a certain class of citizens. Further, Member Harnik mentioned the City already respected health and choice, but this Resolution does the exact opposite, because there are adults who make a choice to engage in smoking, which is legal and it's their right. He believed moving forward meant respecting the rights of everyone without telling people that it's wrong to smoke even if it's a legal activity, stating that wasn't the role of the county, state, or the federal government, and certainly not of this City. He said he would like to find middle ground where it protects the rights of smokers and nonsmokers; there is also the question of medical cannabis and whether it would fall under this Resolution or if it can be exempted; and there has been discussion about the cost and making people responsible for the damage. He suggested postponing action, giving staff an opportunity to at least look at those three areas and anything else that may come up, then reconsider this issue in light of what it finds. Vice Chairman Weber agreed, adding that the Board was not minimizing the value of the Commission, but it was given guidelines based on Council's desire for certain activities. In this issue, if there are commissioners saying that smokers are driving them crazy, they're referring to what is happening today, which is smoking in public areas, and that's not what this is about, it's about smoking in their private places. Additionally, with all due respect to the City's legal counsel, she attended a meeting where two attorneys said they had claims coming forth in an HOA, because it wanted to control smoking. Therefore, she would be interested in knowing if there are lawsuits where organizations are saying you cannot smoke medical marijuana and is taken to court and they lost the case. She agreed to postponing action until more facts are obtained, instead of basing a decision on emotions, because emotions can run strong when you are talking about not being able to breathe. Chairman Jonathan moved to continue this item to a date uncertain, allowing staff an opportunity to address the questions raised this evening. Motion was seconded by Nestande. Member Kelly added that Chairman Jonathan has characterized this as discriminating against smokers based on the finding that smoking is wrong, but that's not the underbidding. The underbidding is that right or wrong, it has a huge impact on others who should not be involuntarily subjected to that impact. She would analogize it to restrictions on noise where someone could contend that it's a free country and they ought to be able to play whatever music at whatever decibel one chooses within the confines of their 9 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 property. However, noise does leave the property, and what Council is hearing from people who actually live at these facilities are that smoke leaves the confines of the individual apartments. She said these are small apartments where windows are open; they are not air tight. She understood there was not a majority here for that sentiment at this juncture, therefore, a postponement to allow further research appears to be where it will stand this evening, but she didn't want to leave that characterization sitting. Chairman Jonathan agreed, stating her analogy is so spot on where excessive noise would adversely impact a neighbor's lifestyle, but the City doesn't say you can't play music, instead it says here are the rules for doing that in such a way that respects both sides by placing a time limit. He said a solution may not be found and he may swing over and be in favor of the Resolution, but he didn't want to give up on a compromise where it respects the smoker and nonsmoker, and if there is a way to do it, it would be good policy, but if there isn't one, he will have to reexamine the issue. He said this was a fascinating and intellectual dilemma, but because everyone is listening to each other, one way or another he was confident that a good resolution would be reached. Member Harnik appreciated the analogy of the noise issue, but where it falls apart and gets a little weak, is where the person with the second-hand smoke gets lung cancer. She doesn't take this issue lightly, because it's not fair to impose someone else choice of smoking on someone who chooses not to smoke, which she thought was pretty simple. However, she will support a continuance, but only so that staff can research on how to include the wording regarding medical marijuana into the Resolution. Vice Chairman Weber inquired about the length of time on a lease. For example, if residents are informed that their lease will be up for renewal at a certain time, and due to the waiting list, unless the resident stops smoking this new policy will be implemented. She said the City would be giving tenants an opportunity to be grandfathered out in a respectful manner. Also, the City can advise them as to where they can go to learn to stop smoking. She was interested in knowing how many people have leases that would be expiring within the year, so that they can be notified because changing the rules' midstream after having lived in a complex for more than 15 years was not very polite. Ms. Moore said there were a couple of things to clarify: 1) when a unit is vacated, the only ability the Authority has to recoup cost is through their security deposit. However, a security deposit is only what their rent is, and in many cases that rent is $150, $200, or $250, especially in the senior community; 2) the cost to renovate a unit is much higher than the security deposit; 3) the current policy already incorporates a grandfather policy, in 10 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 that a number of units are already designated as smoke -free. So any unit that has been renovated or is in a complex that is under a certain number, the Authority already limits smoking. Therefore, the current policy sounded like what Chairman Jonathan is looking for, because the Authority has a restriction on the number of units that can be designated as smoking, and through attrition as people vacate a unit, staff has been re -renting them as smoke -free. When the current policy was implemented staff was tasked with bringing this item back for discussion at midpoint, because initially the Commission was very concerned with any smoking at the complex. She said the current policy allows for a percentage of units to be smoking in the community, and staff can bring back more information about it for Council to review. Chairman Jonathan said the current policy is not working, so the Board is asking staff to go beyond the current policy, beyond this Resolution, and see if there is a solution that respects the rights of all parties. Ms. Moore asked if Council was wanting staff to look into only the senior communities, because right now it's based on the size of the community. Chairman Jonathan answered no, stating he was just highlighting that in the affordable housing units there are many senior residents. Again, he said Member Harnik's passionate concerns resonated with him, stating they may just differ from a policy standpoint and suggested she may want to introduce a resolution that bans smoking throughout the City, peoples homes, and backyards, because there are cities that have done so. If the concern is truly adverse health consequences to nonsmoker from second-hand smoke, it may be something she may want to look into. To him it was a question of who we are as a City and where do you set the line between what Council mandates and control peoples behavior when engaging in legal activities. It's a philosophical decision that everyone makes for themselves, and Members may just have differences of opinion. Member Kelly asked if current tenants signed a lease with a specified duration. Ms. Gonzales replied the initial term of a lease is for 12 months, and then it goes month to month. Member Kelly said she heard Vice Chairman Weber suggest that if a lease is for a particular term, what approach would staff find more accommodative, and would it be to at least allow the status quo for smokers to stay in effect until the conclusion of their current lease. 11 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 Vice Chairman Weber agreed, stating that's why she asked how many were Tess than 12 months that could be provided with this notice. Ms. Gonzales said she didn't have the total number, but the initial lease for new residents is for 12 months and thereafter they are on a month -to -month basis. Ms. Moore clarified that when someone begins their tenancy with the Housing Authority, they sign a 12-month lease, and that lease is still in effect on a month -to -month basis until they sign a new lease. She said no one is in a lease for longer than 12 months, which is the longest term the Authority offers. Member Kelly suggested exploring a longer implementation period to be accommodative of Vice Chairman Weber's thoughts. Chairman Jonathan agreed, stating it's one of things Council is asking staff to look at, including seeing if there's a way to accommodate smoking on a limited basis in some of the complexes, whether it's inside the unit with the proper containment in a designated area or room. Additionally, see if its possible and feasible to recoup the cost from those that choose that lifestyle, making them responsible for the cost to the Housing Authority. He added this was a tough topic when considering the rights of some against the rights of others, but the Board and staff will work its way through it. Chairman Jonathan called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None) . IX. CONTINUED BUSINESS None X. OLD BUSINESS None XI. PUBLIC HEARINGS None XII . REPORTS, REMARKS, AND AUTHORITY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None 12 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MARCH 8, 2018 B. AUTHORITY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AUTHORITY None XIII. ORAL COMMUNICATIONS - C MS. HELEN ASTLEFORD, California Drive, Palm Desert, approached the Authority Board to see if the City would consider doing what the City of Rancho Mirage has done with incorporating solar with Southern California Edison. She attended a town meeting this morning and she thought the program was for the entire Valley, but learned it only applied to the City of Rancho Mirage. She said the program will save everyone 5% on their electricity, and she was interested in knowing if Palm Desert would be doing the same. Chairman Jonathan offered that the City of Palm Desert is part of the Desert Community Energy, which is a Community Choice Aggregation (CCA) Joint Powers Authority. Therefore, Palm Desert is a member in a CCA, similar to the City of Rancho Mirage. He encouraged her to contact Director of Public Works Ryan Stendell for information on the Joint Powers Authority and bring her up-to-date. XIV. ADJOURNMENT With Authority Board concurrence, Chairman Jonathan adjourned the meeting at 5:35p.m. ✓:.__. :. ATTEST: S RAC-IELL` D. KLASSEN1SECRETARY PALM DESERT HOUSING AUTHORITY SABBY JONATHAN, CHAIRMAN 13