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HomeMy WebLinkAbout2018-05-24MINUTES PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, MAY 24, 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 3:08 p.m. II. ROLL CALL Present: "Mayor For the Day" Daisy Armstrong 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 Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager John Cortez, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department M. Gloria Sanchez, Records Technician III. ADJOURN TO CLOSED SESSION Request for Closed Session: None MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 With Authority Board concurrence, Chairman Jonathan adjourned the meeting to Closed Session of the City Council and Successor Agency. He reconvened the meeting at 4:12 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 May 10, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 5/4/2018 (Joint Consideration with the Palm Desert City Council). Rec: Approve as presented. C. HOUSING COMMISSION MINUTES for the Meeting of April 11, 2018. Rec: Receive and file. Upon 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 MAY 24, 2018 VIII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO NEW CONSTRUCTION SOLUTIONS, INC., FOR PLUMBING RE -PIPE FOR BUILDING NO. 11 AT ONE QUAIL PLACE APARTMENTS IN A TOTAL AMOUNT OF $126,240 (CONTRACT NO. HA36860). Senior Management Analyst Jessica Gonzales stated approval of this contract will allow the plumbing re -pipe for Building No. 11 at One Quail Place to be completed, and New Construction Solutions is located in La Quinta. The Housing Commission reviewed this item at its meeting of May 9, and unanimously recommended approval. Member Kelly moved to, by Minute Motion, authorize: 1) Waiving any and all irregularities and the award of subject contract to New Construction Solutions, Inc., La Quinta, California, for Plumbing Re -Pipe for Building No. 11 at One Quail Place Apartments in a total amount of $126,240; 2) Director of Finance to set aside 20% contingency of $25,248 for unforeseen conditions; 3) Executive Director, or designee, to review and approve written requests for use of contingency amount of $25,248 for unforeseen conditions; 4) Executive Director and/or the Chairman to execute the negotiated contract and any documents necessary to facilitate the contract award and project — monies are available in the Authority's Capital Replacement Budget. Motion was seconded by Harnik and carried by a 5-0 vote. 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 3 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 B. AUTHORITY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AUTHORITY None XIII. ORAL COMMUNICATIONS - C MR. CARLOS PINEDA, Palm Desert, CA, reminded Council they were sworn in to uphold and protect the United States Constitution and the Constitution of the State of California, and under Article 1, Section 2 of the State Constitution, it states people have the right to freedom of speech. He said this Council might not like what he had to say about Councilmember Harnik's campaign, but he empathized with her, because he knew what it was like to lose family members to gun violence or any other type of crime. In 1990, his grandfather lost his little brother; he was gunned down at the doorsteps of his home. In 2012, his cousin lost his daughter to gun violence after she was abducted from her home in her own country. He said it forced his cousin to flee, because her own personal life was in danger. Therefore, he was here to denounce the message that Councilmember Harnik's is sending out in her ad campaign to the community, and she was quoted saying "If people found her ads offensive, then they are the problem, "and he heard the same sound bit this morning. Further, he wanted to know what this City Council was going to do to protect children from gun violence. MR. EDWARD HOLZHAUER, Palm Desert, CA, stated Immigration Officers in the United States operate under a cardinal rule, which is "Keep your hands off Americans." He said ICE (U.S. Immigration and Customs Enforcement) held an American man in custody for 273 days, and he's not the only one who had to prove his citizenship. The aggressive push by the Trump Administration to increase deportations will lead to more mistakes. The detention of United States citizens amounts to unsettling type of collateral damage in the Government's effort to remove undocumented and unwanted immigrants. The errors reveal flaws in the way ICE identifies people for deportation, including its reliance on a database that is incomplete and plagued with errors. The wrongful arrests are highlighted in the presumption that pervades U.S. Immigration Agencies and courts. Those born outside the United States are here illegally unless electronic records show otherwise. When mistakes are not quickly redeemed, citizens are forced into an immigration court system where they must fight to prove they should be in the United States to avoid being removed from their Country. Research indicates the two groups most vulnerable to become mistaken targets are the children of immigrants and citizens born outside the County. Politics after all is largely about power, which goes to the core of the issue of control and narcissism in the need to be right and the tendency to divide the human race into us versus them. When Councilmember Harnik sent out her campaign flyers, she was only perpetrating that 4 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 mentality and hate has no place in an election or City policy. All Councilmembers swore to follow the rule of law as SB 54 is the rule of law in California. He said he would never want to see a child lose their parents and it's happening in our local cities. He is currently working to try to help two young adults survive, because their parents were taken from them, which is ridiculous, immoral, and not who we are, and he certainly hoped it's not who this Council is as well. MR. ERIC LEMAS, Cathedral City, CA, stated he was raised in Palm Desert, attended College of the Desert and Cal State, San Bernardino. He stands in solidarity with most of the folks in attendance who are in favor of SB 54. With his background in psychology and entrepreneur and being a longtime resident of the Coachella Valley, he has been educated on the pressing issues of immigration by taking part as an organizer with the Coachella Valley Immigrant Dignity Coalition. He works collectively with health organizations, clinics, community leaders, veterans, and the elderly. They work to seek solutions with cities such as Palm Springs, Cathedral City, and Coachella. Currently they are having pressing conversations with the City of Indio in identifying where they stand, adding they also spoke with Chief of Police Michael Washburn and City Manager Rick Scott. Their organization is hoping to resolve the rhetoric on the national level about the immigrant population. He said the Coachella Valley service industry is full of people whom this issue matters the most. Their efforts culminated to holding events in spaces where people on both sides are listening to each other. In fact, they recently had a meeting where Custom Officers came out to address the concerns they brought forward based on residents rights. They heard about the fear, anxiety, and what the system is doing to hard-working residents. They came to agree that crime must go, and they do not support criminals. By having respectful conversations by both side, it plays a part in immigrant dignity. They seek to neutralize the national rhetoric and collectively highlight the hard-working population and their rights, including those undocumented. MR. ANDREW KOTYUK, Councilmemberfrom the City of San Jacinto, approached the City Council to speak on the issue of SB 54. He didn't believe many people have read Senate Bill 54, because it does not call out families, children, or working members of society. What it does call out and identifies over and over again are illegal felons that have been incarcerated. He said SB 54 allows these violent criminals back into the neighborhood, including low-income housing. These criminals have done crimes that include sex and human trafficking. He said Palm Desert does not have a prison or deals directly with ICE, however, all counties and Sheriffs' departments do. Some of the facts are that 75% of all criminals convicted and sentenced are for federal drug offenses by illegal aliens, 1/3 of all federal prison sentences are committed by illegal aliens, and 13% of all convicted and sentenced crimes committed in the United States are by illegal aliens. By arresting and processing the same felons over and over again, because they weren't deported, only impacts police officers, judges, and prisons. Since his last appearance before this City Council, 7 more cities have joined, including another county. He suggested Council and Legal Counsel read SB 54, stating they have 46 cities and 11 counties 5 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 that have chosen to oppose SB 54. Most important, Sheriff Stan Sniff opposes SB 54, along with law enforcement's statewide, stating they clearly aren't racist. He added he dealt with immigrant communities and they have a professional opinion of what legislation creates as safe, or in this case, a dangerous public situation. Palm Desert should get something straight here, the City was never a sanctuary city until Sacramento designated it to be. Never did the City have ICE parading the streets when it wasn't a sanctuary city or tearing families and children apart, or the fearmongering rhetoric being said here today, which is false information. He said they need Palm Desert's leadership to join the other cities in Riverside County and approve the resolution. He didn't bring forward those signatures of Palm Desert residents that are in favor of the City taking action. MS. YASMIN ESPINOZA, Palm Springs, CA, noted she was a local hairdresser. She said fear is her new word, stating she has had ICE, border patrol, and her corporate office called on her. She is a six -generation American with grandchildren. This evening Council heard comments made that this doesn't happen and that it's just rhetoric, well she was here to show her face to let everyone know it was indeed happening. She is stunned, especially because she has five uncles that have served in the military. She said her father was shopping at a local grocery store, and the box boy as he was putting in his groceries in the car noticed her father's U.S. Navy hat. The box boy became upset and told her father that Mexicans' don't serve in the U.S. Navy and proceeded to knock the hat off her father's head. She said her father is an 83-year-old veteran, elderly, and a minority. She brought the incident to the manager's attention, and although she didn't want the young man fired, he was. She said this is the kind of fear people are dealing with today in the Coachella Valley. She wanted to put a face to these incidents. She addressed Councilmember Nestande, stating she has done her hair and would know she is very professional, stating she goes by rules and laws, she has served as a voting inspector for more than 22 years, she is an American, and the rhetoric from this President, including the campaign mailers that went out, are not acceptable. It made her cry when she saw those mailers in her mail, adding that the pigment of her skin is not cause for hate, in that we are a peace -loving American Valley and people. MS. ANGIE RUSSO-RIDENOUR, Beaumont, CA, was happy to report that her city has opted out SB 54. She can appreciate the position this situation has put the City Council in; however, a city council is the last point of defense in the attack that the State of California has waged upon its citizens. She said SB 54 is a no-brainer, it's illegal, unconstitutional, and honestly, it just defies common sense. Unleashing criminals on its citizens is ludicrous, and she couldn't believe they are being reduced to coming and begging cities to uphold the constitution, including public safety. She said regardless if it's direct or indirect, what affects California impact's Palm Desert, and there is a movement sweeping California to opt out of this illegal and dangerous law. Palm Desert's decision will greatly impact that movement, which simply means the City has an obligation to opt out for the well being of its citizens, but also for the rest of California, because everyone is in the same boat. Californians are fleeing 6 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 this tyrannical state government in droves, stating it's not an opinion, it's a fact. Annually, 800,000 Californian refugees are being driven out, and they are actually calling it the mass exodus and taking their tax money with them. If citizens see that their State and City have betrayed them, they will leave and take their tax dollars with them, which will be a capital loss for this City. However, if Council defends its oath to the constitution and chooses to ensure the safety of its citizens, no matter what the City endures, financially speaking, it can be recovered as long as you have citizens living and working in the City. It was in the City's best interest to file a Notice of Joiner, which ultimately consolidates and merges the City's lawsuit with the Federal Government, effectively riding on its curtails. She has three kids, and when the State looks you in the face and tells you they are going to unleash criminals, it will be the Council's fault if something happens. She said this was not about race, because if her daughter was raped or killed, she won't care about the color of the skin of the person that did it, adding this was about law and public safety. MR. GARY JEANDRON, La Quinta, CA, noted he has a small business in Palm Desert, and a retired police chief with 34 years of service. He's asking the City Council to place SB 54 on the agenda in order to have a discussion about opting out. He believed it was unconstitutional, but he will leave that to the lawyers and constitutional experts; however, he wanted to talk about the safety side of it. He said SB 54 releases criminals back into the neighborhoods. When he was a police commander, he was in police work when 9/11 occurred. Afterwards, there was a very involved investigation as to what could have been done differently and across the board they learned they did not communicate properly between local law enforcement, state, and the federal authorities; they operated in silos. They worked very hard to break those silos down to have open and transparent communication among all law enforcement agencies from local to the federal government. Sanctuary State puts us back in those silos, so he was speaking to the Council from the position of public safety and he would ask that it consider that and place SB 54 on the agenda. MS. JEANE ROSSITER, Beaumont, CA, requested Council place on the next City Council meeting the issue of SB 54 and opt out of it in the form of a resolution or preferably an amicus brief, stating neither option involves joining the lawsuit and would not result in a lawsuit. She noted that in January 25, 2017, President Trump signed an Executive Order that states, "Every City and every County must provide proof that they have opted out of SB 54 or risk losing any and all Federal money and grants." She said the State has two borders, and the United States spent $20 billion defending the Canadian border, and it's only 34 miles long. She said SB 54 is not about race, but about safety. Governor Brown and Gavin Newsom are releasing transnational criminals, and it's very important that people Google it and understand what kind of criminals they really are. This is a revolving door justice, forcing communities to provide more officers, causing police budgets to increase, and court cost to skyrocket, which will result in higher taxes. Under SB 54, criminal aliens are no longer being safely transferred to ICE from county jails to a secured 7 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 environment, instead they are forced back into the public where ICE now has to go into communities, neighborhoods, and businesses, because they don't have a choice. He said these people could have weapons, putting police, neighborhoods, and businesses at risk, and as the hairdresser said, she has seen them come. As of yesterday, 46 cities and 11 counties have recognized the danger and the unconstitutionality of SB 54, and she hopes Palm Desert will too. When State law butts head with Federal law, Federal law supercedes. Additionally, there is no excuse for coming to the United States illegally, stating her sister-in-law is Chinese, another sister-in-law is Japanese, and her other two Mexican sisters-in-law's came here legally, and others she knew came here legally as well. MR. MICHAEL ROSSITER, Beaumont, CA, stated he was a United States Navy Vietnam Veteran who pledged allegiance to the flag of the United States of American, not the one from Mexico, Ireland, England, Russia, or Canada. A lot of people think about the word pledge and they think about the word oath, as in the oath of office. Every member of the military, police officers, and veterans have made a pledge, and they put their lives on the line, stating it's a solemn promise that is not taken lightly. This City Council did an oath and worries about its name and their votes, but police officers risk their lives every day, including active military in combat zones. Another thing to talk about is the difference between legal and illegal, because the constitution states that the Federal Administration governs over immigration, but because Governor Jerry Brown wants to thumb his nose at President Trump, it doesn't mean this City Council needs to do the same. He said this City Council made an oath and it should defend it. To him the City Council was the first line of defense, because they have more to do with its citizens than the county, state, or the Feds. He went on to share that Ellis Island was in existence for a long time in the first days of America, stating people went through it. People coming across the border illegally have already broken the law, but that doesn't make them a member of the Country, it's like saying someone who breaks into your house makes them a member of your family. He's not saying that everyone that comes across illegally are bad, because he knew they weren't, but they need to come to the United States legally. All his predecessors did just that as he is a second -generation Californian. MR. BRENT HODGES, Palm Desert, thanked the City Council for its patience, dedication, and service to the community, which was demonstrated today by exercising extreme patience and acknowledging them by listening to what they had to say. When addressing SB 54, the choice is simple, just enforce the Constitution of the United States of America, it's the law of the land. He said the founding fathers fought and died to preserve freedoms in this Country, and the people have elected each Councilmember to respect it and enforce its laws. Many people today have created their own problems, stating he calls on people all day long with what he does by encouraging them to be part of their government and to voice their opinions. He visited people that worked in the fields that have established their own business, and they originally came from Mexico. They are proud of the fact that they established themselves legally. Some have relatives that beg them for help to 8 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 come over, and they say no, because they placed a high value in being a legal member of this Country. Some people are uncomfortable with having families being broken up, but somewhere along the line that family crossed over illegally and accountability will come. These are hard lessons youth will learn one day when accountability arrives, and maybe they had plenty of opportunity to become legal and take advantage of an amnesty program, but why didn't they. While he felt bad for them, the City couldn't jeopardize the first responders, police department, and fire department by excusing them and not taking a stand to enforce the Constitution of the United States and vote against SB 54 and a Sanctuary State. MR. ARON DE LA 0, stated he was born in Palm Springs, raised in Palm Desert, and lives in Desert Hot Springs. He is a community organizer with Inland Congregation United for Change (ICUC), a faith -based organization. He started with the organization just two months ago to support SB 54. He said there are people in the Palm Desert community that have reached out to him, and SB 54 is the number one topic they want to talk about. He questioned why would a city council want to have a community experiencing fear and anxiety, because he's seen the fear in their faces, and here in Palm Desert there are pockets of families experiencing it. At Sacred Heart Church he has spoken to people living in fear, and it's a sad thing that's happening. He said this City Council can help that community that wants to support SB 54. Also, by supporting SB 54, you are saying the California jail system doesn't work, which is a far larger insult to our jail system that he's also worked with to help make better. When looking at this situation statistically, most crimes from people that have come out of a jail system, who are immigrants, are less likely to recommit a crime. MR. TERRY COLLIER, Ajo Lane, Palm Desert, CA, as a retired building contractor, he learned the best way to make a deal is to talk about the issues to find a resolution, avoiding court hassles and stiff rhetoric that can evolve. With regard to the Sanctuary State issue, he believes the rhetoric has to be toned down to bring people together. He said to say "illegal aliens" is completely wrong; it was preferable to say "undocumented." He spent a substantial number of years giving employment to undocumented individuals, and he felt strongly that some have been good people, good natured, funny as heck, and others have been the world's worse. One person he hired murdered his wife in El Salvador, stating he came to the United States to escape justice and believes he has done the same here. He can talk about the hazards of hiring the undocumented in that he got whacked by the Internal Revenue Service (IRS) during the President Bush Jr. Administration and they were not easy on him; he had to pay a six -figure amount, but obedience to the law was the lesson learned. He said the government should extend a fair opportunity and process to become documented by having them identify themselves, photographed, fingerprinted, and by providing a phone number and address, because SB 54 was not a solution, it was covering up a problem and allowing it to fester, which could lead to armed conflict in the near future. 9 MINUTES PALM DESERT HOUSING AUTHORITY MEETING MAY 24, 2018 MR. KIM FLOYD, Palm Desert, CA, stated he was a strong supporter of the State's position on protecting its citizens. He believed the State of California, this City, and its citizens need to push back against the Trump Administration, which is completely out of control and is destroying the ethics in this Country. He couldn't believe that people are allowing this Administration to do what it's doing to our Country, so he supports any effort on the part of California and Californians to push back against this disruptive Federal Administration. Chairman Jonathan thanked everyone present, stating he asked for respect, decorum, and civility, and for the most part, this Council received it. He's proud of its citizens and glad they are part of this community. Historically this Country has been in such demand because it has had so many immigrants, and the reason veterans have defended this Country is for the process that was just experienced. This is a place that is safe where one can express their views and points and hear others without fear of reprisal. In this Country we have freedom and rights, and the process that just took place here was one of them, and no one should lose sight of it. XIV. ADJOURNMENT With Authority Board concurrence, Chairma onathan adjourned the meeting at 7:30 p.m. ATTEST: . \ RA ELLE D. KLA ', SECRETAR PALM DESERT HOUSING AUTHO SABBY CTHAN, CHAIRMAN 10