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HomeMy WebLinkAboutPrelim - HA - 09/27/2018 DRAFT PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, SEPTEMBER 27, 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 3:05 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 Janet M. Moore, Director of Finance/City Treasurer Tom Garcia, Director of Public Works Stephen Y. Aryan, Risk Manager Eddy Moore, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andy Martinez, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Rocha, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: None DRAFT PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 With Housing Authority Board concurrence, Chairman Jonathan adjourned the meeting to Closed Session at 3:05 p.m. 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 September 6, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 8/31/2018 and 9/7/2018 (Joint Consideration with the Palm Desert City Council). Rec: Approve as presented. C. HOUSING COMMISSION MINUTES for the Meeting of July 11 , 2018. Rec: Receive and file. Upon motion by Harnik, second by Nestande, 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 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 VIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF RECOMMENDED FIRMS TO BE PLACED ON A PRE-APPROVED LIST OF UNDERWRITERS/PLACING AGENTS FOR POTENTIAL FUTURE DEBT ISSUANCE OR REFUNDINGS (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT FINANCING AUTHORITY). Senior Management Analyst Veronica Tapia stated that after the 2017 refunding, staff realized the underwriter's list was grossly delinquent. In order to update the list, staff requested qualifications from various firms and received six. Each firm was deemed qualified and staff is requesting that they be included in the list. In the event a financing opportunity presents itself, staff will come back and ask a subcommittee to choose a firm most qualified to do the deal. This item went to the Audit, Investment & Finance Committee and they approved it. Councilmember/Director/Commissioner/Member Harnik moved to, by Minute Motion, approve the recommended firms to be included in a pre-approved list to provide underwriting and placement agent services for future debt issuance or refundings. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Kelly, Nestande, Weber, and Jonathan; NOES: None). IX. CONTINUED BUSINESS None X. OLD BUSINESS A. REQUEST FOR ADOPTION OF A RESOLUTION REPLACING NO. HA-66, AND AMENDING THE SMOKE-FREE POLICY FOR THE HOUSING AUTHORITY'S AFFORDABLE RESIDENTIAL COMMUNITIES. Please note the following speakers spoke on this item under the City Council Meeting Agenda at 4:00 p.m., under Section III - Oral Communications. MS. ROBBIE HADLEY, Las Serenas, Palm Desert, approached the City Council to say that in 2011 she got cancer from second-hand smoke, she had to undergo surgery and it has destroyed her life; she has been disabled. She added that RPM Management notified her of Resolution HA-66, which would implement a Smoke-Free Policy in the next couple of years. She initially moved into Las Serenas in 1991 , and in 2010 a new manager came in who was a very heavy smoker who has now been grandfathered. She is 3 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 hoping RPM will do something about all the smokers that have moved in, because she would probably be dead by now if Resolution HA-66 hadn't been implemented. She went on to say she's had surgery in her mouth and couldn't speak clearly, and it has changed her whole life, but she has survived. MS. JEAN RIBEIRO, Las Serenas, Palm Desert, noted there are a handful of people that live at Las Serenas that still smoke. She herself is a non- smoker, but the people there are in a panic about being evicted from the property, stating its not the right thing to do. The majority of the people that live at Las Serenas are seniors, and the handful of people that can't get over their addiction need to be treated with respect. For the most part, people are smoking outdoors in the three designated areas. She is supportive of the few remaining elderly people that are addicted to cigarettes; it's a sickness. Many of the people that are panicking couldn't be at this evening's meeting. As a nonsmoker, she believed the City needed to make an accommodation for the few that have lived there for decades. MS. TRICIA CARMONA, California Villas, Palm Desert, stated that 16 months ago she moved to California Villas, and she was under the impression that it was a nonsmoking building, which is not the case. All her neighbors are smokers, and they smoke in their patios, common areas, and parking lots; these are nonsmoking leases. Her neighbor was caught smoking by the manager and issued a 3-day notice to remedy. There was no enforcement prior to her moving into the apartment, so she is being blamed. She and her Chihuahua have been attacked and harassed. The efforts to intimidate her to move out ensue. All these neighbors in nonsmoking leases harass her with their cigarette smoke purposely aimed at her. They have used aerosols' irritants toward her, she finds nails and tacks near her car, and a certain tenant is always lurking near her vehicle. Finally, a blade was inserted into one of her tires. These same tenants have repeatedly violated their lease and have refused to stop smoking. She went on to say that these smokers have no regard for babies, children, the elderly and/or other nonsmoking tenants. Their second-hand smoke contaminates everyone and everything around them, and their patios look like an ashtray with cigarette butts everywhere. Since Resolution HA-66 has been effect, which purposely grandfathered smokers, it has been disastrous for those who don't smoke. The Surgeon General has reported countless facts on the effects of second- hand smoke. Moving forward, the City needs to focus on enforcement, because if smokers want to kill themselves, it's their right, but no one has the right to purposely expose others of carcinogenic toxins. This is a serious matter and it's been out of control long enough. Those refusing to comply with the regulations with more than three opportunities to remedy the problem should not be afforded leniency. She asked that Council grant nonsmokers their right to fresh air and quiet enjoyment of their patios, and 4 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 the right to open their doors and windows without the fear of being exposed to second-hand smoke. Further, the City put a halt to the aerosol attacks to hide the continued cigarette smoking, stating that aerosols contain ingredients that also cause a number of illnesses. MR. KENNETH ARGO, Las Serenas, Palm Desert, stated he has lived at Las Serenas since 2010, and he has been smoking for 70 years. He said the lady who complained about her cancer would come over to sit in his patio while he's smoking, but then she would call the office and complain about his smoking. He said he smokes in his patio, because he doesn't like to smoke in his apartment, although sometimes the weather doesn't permit it. There is no smoking in the clubhouse because they have designated smoking areas, but when they smoke outside, the wind takes it away, so he's not convinced their smoking was hurting anyone. He could understand that smoking may have irritated someone with a pre-existing condition, but he didn't believe it's the actual cause for someone dying. He reiterated that after 70 years of smoking, no one he knew has died from his smoking. MR. JOHN WEAVER JR., Las Serenas, Palm Desert, stated that unfortunately he picked up the habit while in the service in 1955, and it stayed with him, but he is also a general drinker. He said at one time they had three designated areas for smoking, but now they have two, and Ms. Robbie Hadle lives by one of them. Everyone agreed not to smoke there, because of her complaints, but yet there is a barbeque nearby that everyone uses. He believes people are abiding by the rules, and he takes offense to Ms. Hadle complaint, because Mr. Kenneth Argo has a permit to smoke under the grandfather clause, and her complaints have been going on for a while. He respects what she wants, but she also has to respect what they are trying to do. MR. RICHARD ROUK, One Quail Place, Palm Desert, said he's lived at One Quail since 1988. When smoking was allowed outdoors, he was a responsible smoker, but now he does it indoors. He doesn't leave his cigarette butts outside, he always uses his car ashtray or throws them in the trash in his apartment. On the issue of second-hand smoke, he noted he has been blowing smoke in peoples faces for more than 30 years and so far none of them have died. Therefore, he didn't believe this was an issue. He had friends who never smoked in their lives that have died of lung cancer. He expressed that smokers have rights as well and probably paid more taxes than nonsmokers, given cigarette packs are highly taxed, so they should be treated accordingly. 5 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 MR. TONY DUBOIS, Palm Desert, offered that smoking is probably the most difficult habit to break, and an older person who is a sustained smoker has it even harder. Fortunately, he doesn't have that habit, but he had two sisters who have died of smoke related problems. With cigarettes being legal, it's difficult to tell anyone they couldn't smoke. There is overwhelming evidence from science given in every type of advertisement and communication, and we all know it's dangerous. If people will be allowed to smoke in publicly owned buildings,there should be designated areas, but not have them walk up and down the sidewalk smoking their cigarette or outside by the pool. Smoking should be done in the privacy of their own home. However, any new tenants should not be allowed to smoke. Until there is some type of declaration form the Surgeon General, there is very little that can be done except complain. He doesn't know how one goes about helping people who are addicted to cigarettes, and he didn't know if those vapors do any good in that regard. He would hope there would be non-cessation classes available to those people who wish to stop. It's probably not fair to pick on a smoker, but it's also not fair to pick on those who do not smoke. He suggested designating certain apartments for smoking and phasing them out over time, making non-cessation classes available to help smokers overcome the addiction. MISS ELLE SHOCKLEY, stated she didn't know anyone who has died of second-hand smoke, and hoped she never does have to face that situation. However, when people smoke outside, the vapors are still in the air, and the smoke remains in their bodies for years, which is what can cause cancer. Everyday that she walks to school, she sees cigarette butts on the ground. Unless there are strict smoking laws, people will continue to smoke in public areas. Mayor Jonathan inquired about the policy and/or law regarding taking public comments under oral communication versus under the agendized item. Mr. Hargreaves said the Mayor was right that the appropriate way to handle it is for non-agenda items to be discussed during non-agenda items, and for the agenda items to be discussed at the appropriate places in the agenda. There is no prohibition under the law for allowing agenda items to be discussed during the non-agenda public comments, because it's at the discretion of the Chair. Under indigence circumstances, if someone has a particular problem, the Chair could allow them to speak on an agenda item during non-agenda times, but then you run the risk of what Council just experienced, which is going forward with all the comments. It's basically up to the chair, but the law doesn't dictate how that happens in any particular way. 6 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 Mayor Jonathan asked if the law prohibits the Chair from observing the City's policy of only taking non-agenda items during Oral Communication. Mr. Hargreaves replied that for reason he could discuss off-line, the Chair would have a very hard time and absolutely compelling that kind of a resolve in individual cases. Mayor Jonathan requested he and the City Attorney circle back to this topic at a later time, and if necessary, provide an informal memo to the rest of the City Council to clarify. He personally saw this problematic going forward, because today Council will have to come back to this item while others are waiting to move on with the agenda for their item. At 7:35 p.m., Senior Management Analyst Jessica Gonzales provided the staff report for this item. Ms. Gonzales stated staff is requesting the Authority Board to adopt a 100% smoke-free policy for its residential communities. In 2009, the City Council adopted Ordinance 1200, prohibiting smoking in City-owned buildings, except for designated areas near the pool. In 2014, the Housing Authority approved the Smoke-Free Policy for the Housing Authority's affordable residential communities, which is the current policy in effect. The policy designated smoking and nonsmoking common areas and units. The policy would be implemented over a five-year period and will sunset in the coming fall of 2019. In March 8, 2018, the Authority Board considered the request to amend the current policy and implement a new one, designating 100% of the Authority units as smoke-free. However, Council directed staff to explore smoking and smoke-free options. Staff looked for options that could improve the separation of smokers from those that do not want to be exposed to second-hand smoke. Staff learned that in the last 20 years, interest of nonsmokers has prevailed in many areas and new regulations have been passed to support the reduction of exposure to second-hand smoke. New local, state, and federal regulations have gone into effect since 2014, and more areas are being prohibited for smoking. With the existing and new regulations, staff and legal counsel found it difficult to designate areas to smoke while protecting its residents and property. Therefore, staff's recommendation to the Authority Board remains the same, which is to adopt a 100% Smoke-Free Policy for the Authority properties. The policy will not evict any of the residents that are smokers nor will the residents are required to stop smoking. The policy will prohibit smoking in the communities in the areas of interior and exterior. All residents were notified on February 2, 2018, and again on September 13, 2018, of the proposed changes to the current policy being considered today. On September 5, 2018, the Housing Commission had a spirited discussion and reaffirmed its previous 7 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 recommendation to amend the current policy and designate 100% of the units at all of the authority communities as smoke-free. Member Nestande asked if that included cannabis smoking. Ms. Gonzales answered yes, stating cannabis is part of the new policy being proposed. Further responding,she said in her research of neighboring cities, three out of the seven have implemented a 100% Smoke-Free Policy. The others don't have a policy, because they don't own any affordable housing communities, and one city did not respond. The cities of Rancho Mirage and La Quinta have implemented a 100% Smoke-Free Policy. Member Harnik inquired about the Housing Commission's spirited discussion. Ms. Gonzales explained the Commission went through a process of identifying residents who are smokers and nonsmokers, and went through the discussion of what that has posed in the community where there are issues amongst them. Some of the Commissioners expressed having to live through that, as some of them are residents in some of the communities. The Commission also talked about smoke going into the units and the costly repairs. On average, a regular nonsmoking unit will cost about $2,000 to refurbish, and a smoking unit will cost more than $5,000. Chairman Jonathan requested clarification on the recommendations being presented. Ms. Gonzales said staff is recommending Option 1, which is 100% Smoke-Free, and Items 2a and 2b are additional alternatives to consider. Member Kelly pointed out that Option 1 was also the Housing Commission's recommendation. Chairman Jonathan asked if there will be any evictions as a result of this revision to the policy. Ms. Gonzales explained that by implementing the new policy, it does not evict any resident. However, in the event the policy is adopted, if a resident doesn't follow the new rules, it then becomes a new incident. The incident would be addressed through a process that may ultimately result in an eviction. Member Nestande asked if residents would be evicted if they continue to smoke. 8 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 Ms. Gonzales said they wouldn't be evicted for continuing to smoke, but for continuing to smoke in the in the community. Further responding, she said currently the common areas prohibit smoking, it's only allowed in the designated areas near the pool. Chairman Jonathan thought smoking is allowed in communities that have designated areas until those residents who have been grandfathered are gone. Ms. Gonzales answered no, unless the policy is modified and/or adopted in the future. At this time, if the proposed new 100% Smoke-Free Policy is adopted, they will no longer be allowed to smoke in the community. Member Nestande remarked that staff is banning smoking in their homes and complex. Member Kelly offered that if a tenant is unable to stop smoking, they have the option of leaving the property grounds to smoke. An eviction would come about only if a person declined to go off the grounds to smoke. Member Nestande said she believed people have a fundamental right to smoke in their own home as long as it's a legal product. However, if the City Council deems smoking is bad for low-income people, then should it pass an Ordinance that no one is allowed to smoke in their own homes, because it's just not fair and she couldn't vote in favor. Vice Chairman Weber pointed out they didn't own their apartment. Member Nestande replied that they paid rent. Chairman Jonathan concurred with Member Nestande, stating it was bad governmental policy to prohibit adults from engaging in an act that is legal. Smoking is unique, and he understands that engaging in a legal act can be detrimental to others. Fortunately, he believed there are solutions, such as designated areas where one can smoke. Also, when you pay rent for a home, it's still your home. Member Kelly pointed out these units are not single-family homes, but a communal setting. What she heard at the Housing Commission is that any smoking on the property impacts innocent people. Most have lived through the facade of smoking and nonsmoking areas in airplanes, and we know that air is circulated and everyone is breathing second-hand smoke. Commissioners who are residents and those who testified acknowledge this is a unique circumstance, because even those who might strive to limit their smoking to their apartment, in some instances, are not able to do that with 9 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 100% effectiveness. Smoke leaks out windows that are left open, and this evening, Council heard from innocent people with dire impacts. Part of Council's job as government is to make sure that exercising freedoms does not negatively impact upon others. Smoking is such an extreme health hazard where Council does need to regulate to protect those who experience second-hand smoke. She too, doesn't want to see anyone evicted. She and Member Harnik have both spoken at the Joslyn Center about their availability to do outreach to help smokers quit. Perhaps Council can think about a six-month implementation period instead of a 90-day period to give people the fullest possible opportunity to receive healing from this addiction. For those who either can't or won't stop, there is the option of "leaving the airplane" to do their smoking. Housing Commissioner's were adamant that this is a hazard and an unwelcome hazard to those who suffer from second-hand smoke. Member Nestande expressed her strong disapproval, because the City approved the legalization of cannabis in Palm Desert, and she personally couldn't stand that smell, but how crazy is it that it expanded smoking types of activities only to ban it in this subsidized housing project. It's not fair, stating the City should either ban smoking for everybody in the City, but it couldn't pick and choose. Vice Chairman Weber agreed that she couldn't, in good faith, tell someone what they could or couldn't do in their own home. However, people that rent out their place frequently would say no pets because it destroys the homes and is costly to refurbish the place. She knew refurbishing a smoker's unit is more closely because it has to be repainted and totally cleaned up. The last time she brought this issue up, she was told that these renters don't have the money to pay for the repairs, so the City had no leverage to encourage people to put down a deposit to cover the cost of renting a unit out again. Also, authorizing cannabis doesn't mean they have to smoke it, because it can be used in other manners, especially if they are taking it for medicinal reasons. However, she can see how people smoking cannabis in designated areas will offend some people as well. Member Nestande said Council can continue this discussion, but she is a no vote. Member Harnik stated that as a homeowner, she didn't have someone prohibiting her from smoking or having a pet, but when someone else owns the property, like a hotel, they can put restrictions and guidelines on what you can or can't do. Further, the City promotes health and wellness with the Y Be Fit, and this evening there was talk about the Blue Zones. She said Palm Desert has always put health first, in fact, it was a goal-setting priority. She agreed that it was difficult to quit smoking, because she did it, so she 10 DRAFT PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 knows very well. As mentioned by Member Kelly, perhaps offering non-cessation classes is a consideration, including subsidizing those classes at the Joslyn Center where many would benefit. She said the City wasn't telling people they couldn't smoke, because the policy allows for them to go onto the sidewalk to do so. There are other things that are legal that have a lot of laws around them. For example, you have to be 21 years of age to drink alcohol, and you can't be drinking out on the street, and there's nothing wrong with it. With regards to tax payer dollars, Palm Desert owns those complexes,so she saw nothing wrong with the City placing some restrictions. She concurred with Member Kelly's comment that when one has a right, you have to draw the line if it imposes negatively upon another person, stating the City had to be very careful with that. Chairman Jonathan agreed the City had to be very careful, and Palm Desert is a health-oriented community, but it doesn't tell people they have to participate in the Y Be Fit Event, because it's not the role of government to do so. It's a slippery slope when the City assumes as a government entity that it knows what's best for people than themselves. It's not for the City Council to decide whether someone engages in illegal activity or not. He completely embraces the suggestion to educate and persuade others that smoking is unhealthy, which he was in favor, but mandating it was not the City's role. Further, placing restrictions when talking about drinking alcohol is appropriate, but here Council was talking about a 100% prohibition. He went on to say that Member Kelly's is always articulate and persuasive, but he took exception to the "getting off the airplane" comment, because these are people who literally cannot afford to live anywhere else. Member Kelly interjected clarifying she was not suggesting that they move, but that they can go to the sidewalk to smoke. Chairman Jonathan believed the solution is to find a balance between the competing rights of this group of individuals. People have a legal right to smoke in their home and there is also the legal right to avoid the impacts of second-hand smoke, but it didn't have to be one or the other. Even if it meant making one of the City's housing units a smoking facility, or designating areas. He recalled being at the airport where they have designated spaces and they use some type of technology to keep the smoke contained, because he couldn't smell it, which the City can look into. The appropriate course of action is to respect the rights of both parties and craft a balance solution that doesn't deprive either party of their legal rights, which he thought could be accomplished. Member Kelly moved staff's recommendation as proposed with an implementation period of six months. Member Harnik seconded the motion. 11 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 Member Harnik suggested adding to the motion something about the non-cessation classes. Member Kelly agreed, stating the reason for affording the six months is to be sure the City can collaborate with the Joslyn Center to be fully engaged with all those residents who are affected, and if necessary, provide on-site support. Chairman Jonathan said he was confused, because these communities are not solely senior housing facilities. Member Harnik said you didn't have to be a senior to go to the Joslyn Center, especially to attend a class for non-cessation. Member Nestande commented Council was assuming people want to quit smoking, questioning why it would want to take their freedoms away. Member Kelly said it wasn't. She said people didn't have to go to the class. Member Harnik added smokers can go out to the sidewalk to smoke. Member Nestande offered she could agree with a motion from the Chairman that the City allows smoking somewhere on these premises, and implement the technology Chairman Jonathan was speaking of, like at the airport, where you have a room and the smoke is contained. She believed Council had to come up with an option. Member Kelly pointed out that the City subsidizes the Joslyn Center, so she didn't think the motion needed to include provisions for funding. Vice Chairman Weber stated she wasn't so concerned about the health issue, but more of the financial costs. She views this like when you rent and you have to leave a deposit if you have a pet. Therefore, if a smoker is going to rent and cause more damage to a unit costing$5,000 versus$2,000, then that person should pay higher rent because of their choice. She questioned why the City would pay $3,000 more to renovate an apartment if the renter can afford the cigarettes, because people are willing to pay more for their pets and other hobbies, etc. Member Harnik reminded everyone that many of the smokers recognize they indulge in smoking, but they are addicted to it, so applying logic to addiction doesn't work. Vice Chairman Weber added she wasn't concerned about their addiction, she just wants them to pay for the damage caused by their addiction. 12 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 Member Harnik pointed out that the Housing Commission reaffirmed their previous position, and she will respect their recommendation. Chairman Jonathan said he respected the Commissioners, but it doesn't necessarily mean he had to agree with them. He noted he's served on that Commission and they are amazing people. Chairman Jonathan called for the vote and the motion failed on a 2-3 vote (AYES: Harnik, and Kelly; NOES: Nestande, Weber, and Jonathan). Chairman Jonathan offered he would not be opposed if staff wanted to craft a balanced solution that allows limited smoking in a way that doesn't adversely impact nonsmokers and address the financial impacts through a higher security deposit or some other measure from those that smoke inside their units. Ms. Moore asked if either of the other two alternatives were acceptable to any of the Councilmembers. Further, the City would have difficulty in obtaining a higher security deposit or raising the rent, because those are governed by other laws. Chairman Jonathan asked how many communities of 151 units did the City have. Ms. Gonzales said there is only one community that is 151 and over, which is One Quail Place, the closest one is Las Serenas at 150. Chairman Jonathan suggested tweaking the motion to say 150 so that possibly one or two communities designate a smoking common area. In other words, it would be 100% smoke-free with the exception of those one or two communities, which would still be smoke-free in the apartments, but would have a smoking area. Ms. Gonzales answered yes, as long as it complied with the regulations. Chairman Jonathan said he could live with that, because it's roughly 300 units or 25% of the housing stock. Ms. Gonzales will come back with a resolution as proposed. Chairman Jonathan moved to, by Minute motion, direct staff to amend the current Smoke-Free Policy and prepare a new resolution that establishes all of the Authority's affordable residential communities' units as 100%Smoke-Free and communities consisting of 150 units or more to include a designated smoking common area that complies with local and State law, and authorize RPM Company to consider any individual resident 13 DRAFT PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 requests on a case-by-case basis, as long as the request complies with local, State, and Federal regulations. Motion was seconded by Weber. Member Weber asked for clarification, because she's understanding staff to say rent is controlled and there is no way for the City to recover the cost for their choices. Ms. Moore agreed, stating the City can ask them for it, but it may not get it. She also noted that staff did not prepare a resolution that depicts the 150 units. Direction to staff is to create a resolution with those terms as amended. Responding to question, Chairman Jonathan said the six-month implementation will not be necessary, because Council is reaching a compromise to designate areas for smoking. Member Nestande asked if the City would then move people to one of the buildings where they can smoke and if it needed to be part of the motion. Chairman Jonathan believed that was already part of the process. Ms. Moore explained that since staff will have to amend the resolution, they will look at those options. At some point, if possible, staff would designate a building as smoking, the difficulty is that there are people that do not want to move. Staff will do what it can in order to move them, but the other dilemma is that people don't want to move into an area that is strictly smoking. Chairman Jonathan wasn't suggesting that people move, because he's interpreting the motion to say two properties will have designated smoking areas in compliance with all the regulations. Ms. Gonzales clarified that the units themselves under Option 2b would be smoke-free except for the designated areas. Further responding, she confirmed there is still no smoking in a rental unit. Chairman Jonathan said it was not his favorite option, but it's a compromise that balances the rights of both and hopefully there wouldn't be the damage to the units. He said it was the nature of living in a communal place. Chairman Jonathan called for the vote and the motion carried by a 4-1 vote (AYES: Harnik, Kelly, Weber, and Jonathan; NOES: Nestande). 14 PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 XI. PUBLIC HEARINGS None XII . REPORTS, REMARKS, AND AUTHORITY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Ms. Aylaian presented the Chairman and Members of the Authority with the inaugural addition of the City of Palm Desert Coffee Mugs. B. AUTHORITY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AUTHORITY None XIII. ORAL COMMUNICATIONS - C None XIV. ADJOURNMENT With Authority Board concurrence, Chairman Jonathan adjourned the meeting at 8:37 p.m. SABBY JONATHAN, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY 15