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Home My WebLink AboutRES HA-88RESOLUTION NO. HA-88 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY REPLACING RESOLUTION NO. HA-66 AND AMENDING THE SMOKE -FREE POLICY FOR THE PALM DESERT HOUSING AUTHORITY PERTAINING TO THE MANAGEMENT AND OPERATION OF THE AFFORDABLE RESIDENTIAL COMMUNITIES NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Housing Authority (the "Authority") owns, operates and restrics a significant number of affordable residential communities ("Authority Properties") in the City of Palm Desert ("City"), California as the elected successor agency to the former Palm Desert Redevelopment Agency ("Agency"), which it leases, restricts or sells to qualified households as part of the Authority's Lower and Moderate Income Housing Program (the "Program") pursuant to the California Health and Safety Code and Title 25 of the California Code of Regulations. Section 2. The Authority has approved an Administrative Plan (the "Plan") establishing the policies and procedures under which the Authority currently operates, for the administration, management and operations of the Program as incorporated herein by this reference. Section 3. The Administrator of the Plan is the Authority regardless of funding source or ownership of the Authority Properties. Section 4. The Authority wishes to amend the Plan to modify Exhibit G, Smoke Free Policy (the "Policy") attached hereto and incorporated herein. Section 5. The Authority hereby replaces Resolution No. HA-66 and approves and accepts the amended Plan as provided herein for the purpose of the management and operation of the Authority Properties that may be owned, operated, restricted or otherwise controlled by the Authority from time to time. Section 6. The Executive Director of the Authority shall have the authority to take any other actions which she/he deems necessary to facilitate, modify, establish, implement the Smoke -Free Policy in accordance with the terms therein as well as the Authority Bylaws so long as such action is not inconsistent with the intent hereof or any applicable local, state and federal regulations. two [SIGNATURE PAGE TO FOLLOW] RESOLUTION NO. HA- 88 PASSED, APPROVED and ADOPTED this 13th day of December 2018 AYES: HARNIK, JONATHAN, KELLY,;,and WEBER NOES: NESTANDE ABSENT: NONE ABSTAIN: NONE LA4n/- Susan Marie Weber, Chairman 40,06 R .I.Pelle D. Klassen, Se etary \C Palm Desert Housing Authority RESOLUTION NO. HA-88 MIMS law EXHIBIT G SMOKE -FREE POLICY PURPOSE Section 1. Findings Section 1.1 On December 10, 2009 the City of Palm Desert (the "City") approved Ordinance No. 1200 regulating smoking throughout the City to promote public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-smokers, especially children; and by protecting the public from exposure to secondhand smoke where they live, work, and play. Section 1.2 In accordance with the purposes of Ordinance No. 1200, the Palm Desert Housing Authority (the "Authority") has declared all of the properties owned, operated, restricted or otherwise controlled by the Authority ("Authority Properties") to be Smoke -free Communities, except as provided herein, to ensure the quality of air and the safety of its residents. Section 1.3 Ordinance No. 1200 and this policy recognize there is no constitutional right to smoke. Section 1.4 The efforts to designate Authority Properties as Smoke -free Communities does not make the Authority or any of its managing agents the guarantor of health of any person or the smoke -free condition of any property. The Authority will take reasonable steps to enforce this Smoke -Free Policy but shall not be required to take any action unless the Authority or any of its managing agents has actual knowledge of the smoking and the identity of the responsible resident. Section 2. Definitions A. "Affordable Residential Community" means a residential property containing two (2) or more units that are owned, operated and restricted or otherwise controlled by the Authority; hereinafter, may be interchangeably used with Authority Properties and shall mean the same. B. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin RESOLUTION NO. HA-88 extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. C. "Resident" means anyone included on a current lease agreement for any unit in an Affordable Residential Community. D. "Smoke -free Community" means that Smoking is prohibited in all areas of the Affordable Residential Community, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators, within the interior of all units, and within the perimeter outside of the buildings including entry ways, porches, balconies, and patios (to be established in accordance with this policy), except as provided in Section 4 below. E. "Smoking" or to "Smoke" means holding, possessing, or operating any lighted pipe, hookah, cigar, cigarette, Cannabis product, other tobacco product, electronic cigarette or similar kind of smoking equipment that is emitting smoke or vapor from tobacco, weed, plant, or nicotine product. Section 3. Smoking Regulation Section 3.1 Except as provided in Section 4 below, Smoking is prohibited in all areas of an Affordable Residential Community. Section 3.2 "No Smoking" signs will be posted at the entrance area of each Affordable Residential Community. Section 3.3 All Residents of an Affordable Residential Community are required to sign an acknowledgement that they have received and read a copy of this policy and that they will observe all rules related to Smoking. Section 3.4 Residents are responsible for the actions of their household, their guests, and visitors. Section 3.5 Failure to adhere to any of the conditions of this policy will constitute both a material non-compliance with the rental/lease agreement and a serious violation of the rental agreement. Section 3.6 Residents will be responsible for all costs to remove smoke, odor, or residue upon any violation of this policy. Section 3.7 Any Resident who smells smoke in an Affordable Residential Community or otherwise observes a violation of this policy should report such violation(s) to the property manager as soon as possible. No person shall harass or attempt to intimidate any person seeking to obtain compliance with this policy. 3 3 3 RESOLUTION NO. HA-88 Section 3.8 This policy does not require Residents to quit Smoking in order to live in an Affordable Residential Community. Authority staff will provide information regarding Smoking cessation resources to Residents who wish to quit Smoking. Section 4. Exceptions Section 4.1 An Affordable Residential Community consisting of 150 or more units shall include a designated smoking common area that complies with local, state and federal law. In accordance with Ordinance No. 1329, Smoking of Cannabis is prohibited in any designated smoking common area established pursuant to this Section 4. Section 5. Implementation Timeline and Procedure Section 5.1 This policy shall be implemented as follows: All Affordable Residential Communities owned, operated, restricted or otherwise controlled by the Authority will be 100% smoke free (except as provided in Section 4) from the date this resolution is implemented, provided the Authority has satisfied all notice requirements provided under the laws of the State of California. RESIDENT ACKNOWLEDGEMENT 'r As head of household, I hereby acknowledge that I have received, read, and that I understand the above smoking policy and I agree to abide by the provisions. I understand acknowledge that failure to comply with any part is cause for termination of my lease. Resident Signature: Resident (Printed) Name: Authority Property: Apartment Number: Date: