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HomeMy WebLinkAboutRes HA-85A Amend Smoke-Free PolicySTAFF REPORT PALM DESERT HOUSING AUTHORITY HOUSING DEPARTMENT MEETING DATE: September 27, 2018 PREPARED BY: Jessica Gonzales, Senior Management Analy REQUEST: Recommendation Adopt Resolution No. HA- 85 A replacing Resolution No. HA-66, and amending the Smoke -Free Policy for the Housing Authority's affordable residential communities 1) Waive further reading and adopt Resolution No. HA- 85 A replacing Resolution No. HA-66, and amending the Smoke -Free Policy for the Housing Authority's affordable residential communities as 100% smoke -free and authorize implementation within ninety (90) days. Alternatively, the Authority Board could choose to: 2) By Minute Motion, a) Direct staff to maintain the current Smoke -Free Policy for the Authority Communities except for Palm Village Apartments which will be designated as 100% smoke -free; OR b) 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 151 units or more to include a designated smoking common area that complies with local and state law, and authorize RPM to consider any individual resident requests on a case -by -case basis, as long as the request complies with local, state and federal regulations; and 3) Authorize the Executive Director to take any other actions that she deems necessary to facilitate, modify, establish and implement the Smoke -Free Policy so long as such action is not inconsistent with the terms thereof or any applicable local, state and federal regulations. Housing Commission Recommendation The Housing Commission reviewed this request at its adjourned meeting of November 15, 2017 and again at its adjourned meeting of September 5, 2018. After the second review following the Authority Board's questions, the Housing Commission unanimously September 27, 2018 — STAFF REPORT Housing Authority — Adopt Smoke -Free Policy Page 2 of 5 recommended approval of staff's recommendation to amend the Smoke -Free Policy for the Housing Authority's affordable residential communities as 100% smoke -free. Strategic Plan This request does not apply directly to a specific strategic plan goal, but it furthers the Authority's mission "to serve the citizens of Palm Desert by providing decent, safe, sanitary, and affordable housing to qualifying households whose incomes are very low to moderate including public -private partnerships." Executive Summary At its regularly scheduled meeting of March 8, 2018, the Authority Board directed staff to review the proposed Smoke -Free Policy further. Staff reviewed with legal counsel the concerns posed by the Authority Board as well as what alternatives might be available regarding designated smoking areas. These concerns pose challenges in that there is no legal protection for smoking. Since the current policy was implemented in 2014, new local, state and federal regulations have gone into effect that now include more areas where smoking is prohibited, limiting the options where smoking tobacco may be allowed. After further review with legal counsel, staff continues to recommend amending the Smoke -Free Policy for the Authority's affordable residential communities and adopting a 100% smoke -free policy as the Housing Commission unanimously recommended on November 17, 2017 and reaffirmed on September 5, 2018. Background Analysis In 2014, Authority approved a Smoke -Free Policy ("Policy") for the Authority's affordable residential communities. The Policy established that communities smaller than 30 units would be deemed 100°A) smoke free, as well as any rehabilitated or new communities. For the larger communities, 70%-80% of the units were deemed smoke -free. In 2009, the United States Department of Housing and Urban Development ("HUD") encouraged public housing authorities to adopt smoke -free policies for their housing communities. In December 2016, after a finding was made that the Fair Housing Act does not legally recognize smoking addictions as a disability, 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. G \HOUSING\Jessica Gonzales\STAFF REPORTS\2018 Staff Format\PDHA -- Staff Report - Resolution HA_ Amending Smoke -Free Policy (9-1 7-18) CM comments doc September 27, 2018 — STAFF REPORT Housing Authority — Adopt Smoke -Free Policy Page 3 of 5 Although the Authority may not be subject to HUD's new rule due to the nature of its formation and funding, the Authority's communities such as Palm Village Apartments received federal HOME funds for the construction of the project and are subject to HUD's rule. Additionally, federally funded subsidies provided from the Section 8 program and any other federally funded assistance (i.e., Path of Life, Veteran Affairs Supportive Housing Program, Jewish Family Services, CalWorks Housing Support Program, etc.) may expand this requirement. The Policy also established a five-year timeline for the implementation of the new policy, with a review to be provided at the mid -point of implementation. Through attrition from the Policy's implementation in 2014 to the mid -point in 2017 (end of October), the following had been accomplished: • All newly constructed and acquired communities are 100% smoke -free. The Authority added two new communities to its portfolio, Carlos Ortega Villas and Santa Rosa Apartments, as 100% smoke -free communities, which equates to 93 units. • All Authority units leased since 2014 were designated as smoke -free and new residents acknowledged and agreed to the Policy, without opposition. This included approximately 503 units. • A number of current residents voluntarily self -designated their unit as smoke - free, without hesitation, and signed a smoke -free addendum that all rules related to smoking would be observed. • Of the Authority's 1,114 units, a total of 992 units have been designated as Smoke -Free. Eight 8% (or 122) of the Authority units have not been designated as Smoke -Free. In November 2017, the Housing Commission was provided with an update of the Authority's Policy implementation. As part of the review, the discussion included the current Policy's effectiveness, new regulations, the impacts of occupancy and HUD's new rule. The Housing Commission unamiously supported a change in policy for the Authority's communities to be 100% Smoke -Free. Additionally, since November 2017, there were 187 new units leased. All 187 new residents have signed a Smoke -Free addendum to the lease without opposition. To date, this makes a total of 997 Authority units designated as Smoke -Free. Interest in leasing the Authority's units continues to be high, as is evident with the Authority's long wait lists. In March 2018, the Authority Board considered the request to amend the current Policy and implement a new Policy designating 100% of the Authority's units as smoke -free. The Authority Board directed staff to explore whether both smoking and smoke -free options could be allowed, as well as to address some concerns related to cannabis. G \HOUSING\Jessica Gonzales\STAFF REPORTS\2018 Staff Format\PDHA -- Staff Report - Resolution HA_ Amending Smoke -Free Policy (9-17-18) CM comments doc September 27, 2018 — STAFF REPORT Housing Authority — Adopt Smoke -Free Policy Page 4 of 5 After reviewing the concerns with legal counsel, staff considered the following: 1) the new regulations which include more areas that prohibit smoking, making it difficult to designate areas to smoke; 2) the Authority's effort to protect its property and residents from the harmful effects of second-hand smoke; and 3) the Fair Housing Act ("FHA") exclusions from the provisions of reasonable accommodations for the use of a "controlled substance." Following this review, staff considered the options listed below, to the Authority's Policy: OPTIONS Communities Newly Communities Constructed, Communities Communities Acquired or > 31 Units to Smoking Designated Areas Rehabilitated < 30 Units 150 > 151 Units All Units No. 1 100% 100% 100% 100% None. No. 2 (a) Current Policy No. 2 (b) Interior of designated smoking 100% 100% 80%1,2 70%1,2 units and an area designated at the community pool. 100% 100% 100% 100% `Except anv vacant units will be re -leased as smoke -free. 'Except Palm Village Apartments. to be designed 100% smoke -free. Common Area to be determined for communities >151 units only, as long as it complies, and is permitted by local, state and federal law. Review individual requests on a case -by -case basis as long as it complies, and is permitted by local, state and federal law. At the September 5, 2018 Housing Commission meeting, the Commission reviewed again the recommendation to implement a new Policy designating 100% of the Authority's units as smoke -free, as well as the concerns raised by the Authority Board at the March 2018 meeting. After alternative options were contemplated, the Housing Commission unanimously reaffirmed its previous recommendation to the Authority Board to amend the Policy to designate 100% of the units at all of the Authority communities as smoke -free. Staff proposes that the Authority Board consider adopting the new Policy to establish 100% of all Authority properties as smoke -free. G \HOUSING\Jessica Gonzales\STAFF REPORTS\2018 Staff Format\PDHA -- Staff Report - Resolution HA_ Amending Smoke -Free Policy (9 17-18) CM comments doc September 27, 2018 - STAFF REPORT Housing Authority - Adopt Smoke -Free Policy Page5of5 The proposed new Policy will be effective immediately for all new residents and within ninety -days (90) for all existing residents upon proper notice being provided (from the effective date of the Policy). All residents were noticed on February 22, 2018 and again on September 13, 2018, of a proposed change in the current Policy. All residents will be notified within 30 days of the Policy's adoption. Fiscal Analysis There is no direct fiscal impact with this request. Staff anticipates an overall reduction in repair costs due to smoke damage when re -leasing units. Some costs that may be incurred would be to implement the changes to effectuate the Policy, such as smoke free signage. LEGAL REVIEW .4r_ 1 bert H. Hargreaves City Attorney DEPT. REVIEW net Moore Director of Finance FINANCIAL REVIEW CITY M N,AGER Moore Lauri Aylaian Director of Finance City Manager ATTACHMENTS: Resolution No. HA- 85 A , Smoke -Free Policy Resolution No. HA-66, Administrative Plan Exhibit G - Smoke -Free Policy fIP-Pra6 BY HOUSG A TN 4-1 -, ON ()q(9-7 (7?0/g VERIFIED BY:-.R1/ i Original on file with City Clerk's Offic DETAILED ACTION ON THE REVERSE SIDE OF THIS PAGE G'\HOUSING1Jessica Gonzales\STAFF REPORTS\2018 Staff Format\PDHA -- Staff Report - Resolution HA_ Amending Smoke -Free Policy (9-17-18) CM comments doc PALM DESERT HOUSING AUTHORITY MEETING SEPTEMBER 27, 2018 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. Rec: 1) Waive further reading and adopt Resolution No. HA 85A, replacing Resolution No. HA 66, and amending the Smoke Free Policy for the H residential amities as 190% Smoke Free and authorize 2) By Minute Motion: a-} Direct staff to maintain the current Smoke Free Policy er Palm Village Apartments, which will be designated as 100% Smoke Free. OFF b) 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 151 150 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 requests on a case -by -case basis, as long as the request complies with local, State, and Federal regulations. 3) Qy e-Motion, authorize the Executive Director to take any other actions that she-deems-rieeesca, to f�-facilitat , establish, an , suoh ction is not in n istenF th the terms thereof er any C-A `� ccrrriAfi-m--mc—c yr-arr� Action: Approved Option 2b with a modification to the language to reflect "150 units or more," instead of "151 units or more." 4=1 (AYES: Harnik, Kelly, Weber, and Jonathan; NOES: Nestande) RESOLUTION NO. HA- 85 A 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 restricts 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 attached hereto and 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. [SIGNATURE PAGE TO FOLLOW] RESOLUTION NO. HA-85A PASSED, APPROVED and ADOPTED this day of AYES: NOES: ABSENT: ABSTAIN: Sabby Jonathan, Chairman Rachelle D. Klassen, Secretary RESOLUTION NO. HA-85A 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 owned, operated, restricted or otherwise controlled Authority Properties ("Authority Properties") to be smoke free communities to insure 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 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 the Smoke -Free Policy but shall not be required to take 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. B. "Authority Property (-ies)" means any community owned, operated restricted or otherwise controlled by the Authority from time to time. C. "City" means the City of Palm Desert, and its related entities including the Authority. D. "Community" see definition for Affordable Residential Community. E. "Reasonable distance" means a distance of twenty (20) feet from the community, or such larger area as the City Manager/Executive Director reasonably determines in writing to be necessary in a given circumstance RESOLUTION NO. HA-85A to ensure that occupants of the Affordable Residential Community an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. F "Resident" means anyone included on a current lease agreement for any unit in an Authority Property. G. "Secondhand smoke" means smoke or vapor from tobacco, nicotine, any weed or plant created by the burning, carrying, or operating of any lighted pipe, hookah, cigar, cigarette, cannabis product, other tobacco product, electronic cigarette or similar kind of smoking equipment, and the smoke or vapor exhaled by an individual who engages in smoking. H "Smoke -free Community" means that smoking is prohibited in all areas of the 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). "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 Smoking is prohibited in all areas of an Affordable Residential Community owned, operated, restricted or otherwise controlled by the Authority. 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. RESOLUTION NO. HA-85A 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 this to the Authority Property manager as soon as possible. No person shall harass or attempt to intimidate any person seeking to obtain compliance with this policy. Section 3.8 This policy does not require residents to quit smoking in order to live in an Authority Property. Authority staff will provide information regarding smoking cessation resources to residents who wish to quit smoking. Section 4. Implementation Timeline and Procedure Section 4.1 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 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 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: 1 RESOLUTION NO. HA-66 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY AMENDING THE ADMINISTRATIVE PLAN TO INCORPORATE EXHIBIT G - SMOKE FREE POLICY FOR THE PALM DESERT HOUSING AUTHORITY PERTAINING TO THE MANAGEMENT AND OPERATION OF THE AFFORDABLE HOUSING RENTAL UNITS NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Housing Authority (the "Authority"), in cooperation with the Palm Desert Redevelopment Agency (the "Agency"), has established an affordable housing rental program (the "Program") for very low, low and moderate income residential homeowners in the City. 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 attached hereto and incorporated herein by this reference. Section 3. The Administrator of the Plan is the Authority regardless of funding source or ownership of the properties. Section 4. The Authority wishes to amend the Plan to incorporate Exhibit G, Smoke Free Policy attached hereto and Incorporated herein. Section 5. The Authority herby approves and accepts the amended Plan as well as the authority provided herein for the purpose of the management and operation of the 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 implement and administer the Plan in accordance with the terms therein as well as the Authority Bylaws so long as such action is not inconsistent with the intent hereof. PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this 28th day of * 2014 by the following vote, to wit: * August AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE VAN G. TANNER, CHAIRMAN ATTEST: R• hel a D. Klassen, Secretary Palm Desert Rousing Authority G VdalYuwVca Taph%Wotd Fitu1PDHALSmokrFrro PoJgMiAhority Res* Admen Plan 2014 - Ex G Smoke Free Policy 11-28.14 doe RESOLUTION NO. HA-66 [This page has intentionally been left blank.] 1 1 RESOLUTION NO. HA-66 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 many of its apartment buildings to be smoke free buildings to insure the quality of air and the safety of its residents. Smoking is not permitted in any area of the buildings including apartments designated as smoke free except as noted in this policy. Smoking is only permitted in specifically designated areas within a reasonable distance outside of the buildings. Section 1.3 Ordinance No. 1200 and this policy recognize there is no constitutional right to smoke. Section 1.4 The efforts to designate properties or portions thereof as smoke -free do 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 the Smoke -Free Policy but shall not be required to take 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. "City" means the City of Palm Desert, and its related entities including the Palm Desert Housing Authority (Authority). B. "Common area" means every unenclosed area of a multi -unit residence that residents of more than one unit of that multi -unit residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas. C. "Complex" see definition for multi -unit residence. D. "Multi -unit residence" means a residential property containing two (2) or more units. "Multi -unit residence" includes complexes comprised of more two (2) or more buildings. E. "Reasonable distance" means a distance of twenty (20) feet or, with respect to a designated smoking area or such larger area as the City Manager/Executive -1- RESOLUTION NO. HA-66 Director reasonably determines in writing to be necessary in a given circumstance to ensure that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. F. "Resident" means anyone included on a current lease agreement for any unit in a multi -unit residence owned or operated by the Authority. G. "Secondhand smoke" means smoke or vapor from tobacco, nicotine, any weed or plant created by the burning, carrying, or operating of any lighted pipe, hookah, cigar, cigarette, other tobacco product, electronic cigarette or similar kind of smoking equipment, and the smoke or vapor exhaled by an individual who engages in smoking. H. "Smoke -free building" means that smoking is prohibited by residents and their guests in common areas, included but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators, within all units, and within a small perimeter outside of the building including entry ways, porches, balconies, and patios (to be established in accordance with this policy). "Smoke -free unit" means a dwelling or unit where smoking by residents and their guests is prohibited in accordance with this policy. J. "Smoking" or to "Smoke" means holding, possessing, or operating any lighted pipe, hookah, cigar, cigarette, 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 Smoking is prohibited anywhere in any unit or part of a multi -unit residence that has been designated as smoke -free. Section 3.2 Smoking is prohibited in all common areas of multi -unit residences, except as noted in the specific multi -unit residence's rules regarding smoking in common areas or in accordance with Ordinance No. 1200. Section 3.3 Smoking is prohibited within a reasonable distance of any entrance, window, or opening of any building, or unit, or within any common area or location designated as non-smoking pursuant to this policy. Section 3.4 "No Smoking" signs will be posted outside of the buildings designated as smoke -free. Section 3.5 All residents of multi -unit residences where some or all of the property is designated as smoke -free 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. -2- RESOLUTION NO. HA-66 Section 3.6 Residents are responsible for the actions of their household, their guests, and visitors. Section 3.7 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 3.8 Residents will be responsible for all costs to remove smoke, odor, or residue upon any violation of this policy. Section 3.9 Any resident who smells smoke in a smoke -free area or building or otherwise observes a violation of a smoke -free designation should report this to the Authority as soon as possible. No person shall harass or attempt to intimidate any person seeking to obtain compliance with smoke -free designations. Section 3.10 Smoking is prohibited even where otherwise allowed at such time as any employee or representative of the Authority of any of its managing agents enters and remains in a unit. Failure to comply with this requirement may result in a delay of services or maintenance in the apartment. Section 3.11 This policy does not require residents to quit smoking in order to live in units owned or operated by the Authority. This policy only prohibits smoking within the properties per the policy guidelines. Residents who wish to smoke may do so in other locations, as otherwise allowed. Authority staff will provide information regarding smoking cessation resources to residents who wish to quit smoking. Section 4. Exception Section 4.1 Pursuant to Ordinance No. 1200, the only exception to the Smoke -free Policy includes up to twenty-five percent of the contiguous deck area around swimming pools in multi -family residential properties owned by the City/Authority. Such areas will be identified and posted by the Authority or any of its managing agents. Such exception will not apply to a 100% smoke -free complex or property. Section 5. Implementation Timeline and Procedure Section 5.1 Multi -unit residences owned or operated by the Authority will include smoke -free units as follows: A. All newly constructed or renovated multi -unit residences owned by the Authority or the City will be 100% smoke free from the day the property is available for occupancy. B. All multi -unit residences owned or operated by the Authority or the City having 30 or fewer units will be transitioned to a 100% smoke -free complex. This will occur through attrition in the following manner. Smoking shall be allowed in units currently occupied by residents whose initial lease term began prior to the effective date of this policy until the earlier occurrence of the following: (1) the -3- RESOLUTION NO. HA-66 unit is vacated by the current residents; or (2) the current residents voluntarily designate their unit to be smoke -free. C. All multi -unit residences owned or operated by the Authority or the City having between 31 and 150 units will be transitioned over a five year period to ensure that at least 80% of all units are designated as smoke -free. This will be done through attrition in the following manner. Smoking shall be allowed in units currently occupied by residents whose initial lease term began prior to the effective date of this policy until the earliest occurrence of the following: (1) the unit is vacated by the current residents, (2) the current residents voluntarily designate the unit to be smoke -free; or (3) the fifth anniversary of the effective date of this policy. After the fifth anniversary of the effective date of this policy, residents may request to transfer to one of the 30% of units set aside for smoking subject to availability. D. All multi -unit residences owned or operated by the Authority or the City having more than 150 units will be transitioned over a five year period to ensure that at least 70% of all units are designated as smoke -free. Smoking shall be allowed in units currently occupied by residents whose initial lease term began prior to the effective date of this policy until the earliest occurrence of the following: (1) the unit is vacated by the current residents, (2) the current residents voluntarily designate the unit to be smoke -free; or (3) the fifth anniversary of the effective date of this policy. After the fifth anniversary of the effective date of this policy, residents may request to transfer to one of the 30% of units set aside for smoking subject to availability. E. For the purpose of transition, all vacant units during the transition period are to be considered as smoke -free units, except where specific buildings have already been designated as smoking and no existing residents desire to transfer to such units. All new residents will be required to sign a smoke -free addendum indicating that they will not smoke within their unit and will observe all rules related to smoking. The following table summarizes the implementation timeline and procedure. Smioke=Frei R_equjrernen l tiplementatiiin Designetioi' ` _ ,Smoke-Firee,Uni All Nwly:::. onstriicted ompiexes 100°%o Immediately Immediately O.or Fever Unit Complexes':, 100% Through Attrition Upon Vacancy of Unit =fo 150 Uini complexes` 80%* Through Attrition May be transferred to smoke -free unit— ar `More omplexes 70%* Through Attrition May be transferred to smoke -free unit** `Established minimum requirement. **Transfer will occur upon volunteer transfer or upon 5th anniversary of policy implementation, whichever is sooner. -4- RESOLUTION NO. HA-66 PALM DESERT HOUSING AUTHORITY Proposed Smoke -Free Unit Breakdown PROPERTIES Multi -Family Complexes California Villas Desert Pointe Laguna Palms Neighbors One Quail Place Palm Village fraos Palms Senior Complexes 1Candlewood Apartments (Catalina Gardens ILa Rocca Villas ILas Serenas (Pueblos ISagecrest Sr. (Cumulative Total for All Properties: TOTAL UNITS NO. OF SMOKE -FREE UNITS MINIMUM % OF SMOKE -FREE UNITS 141 113 80% 64 51 80% 48 38 80% 24 24 100% 384 269 70% 36 29 80% 16 16 100% 30 72 27 150 15 14 1021 30 58 27 120 15 14 804 100% 80% 100% 80% 100% 100% 88% zbeAfClif � Riverside County (si2� �� Q�c� J 2 ��J �, y .Ee C� �`O O`' ��e o� a �,a �°a a cc J o�� \ �Qya ,oc ar�a�� `�� oc� ea,2,� �,a�, �¢` a�� o JQ� T� S4Jca c Z� `�co `t���e `co Oe � Qi ��� �¢a �\�� �a �a �a �oa �oi O¢y �a5 �e \cL \D l�a �a �a �e �o �o �o Qa Qa� "._�l�d�<. � . . . . . � . . . TOTAL POINTS 5 S 0 5 4 4 4 S 4 5 9 1 0 5 4 0 4 5 8 4 7 1 .�9i' �?�..,k �,Illf,... . . � � � � � .. . � � ' � �� . Dining � C 0 0 0 C 0 0 0 0 C 4 C 0 0 0 0 0 0 4 0 4 0 Entry�r�ays C C 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 � 3 C 4 0 Public Events 0 C 0 0 0 0 0 0 0 C 4 0 0 0 0 0 0 0 0 0 4 0 Recreation Areas 4 4 0 4 0 0 2 4 2 3 4 0 2 3 0 2 0 3 4 2 4 4 Service Areas 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 4 0 4 C Sidewalks 0 0 0 0 0 o C o 0 0 0 0 0 0 0 0 0 0 o C 1 0 ��/orksites ., C 0 0 ., v G C � 0 .. C C C 0 0 0 0 0 0 1 0 TOTALPOINTS 4 4 0 4 0 0 2 4 2 3 20 0 2 3 0 2 0 3 15 2 22 4 Nonsmol<ingApartm�nts � 0 0 G 0 0 .^, C G C 0 � C C 0 �C � 0 0� 0� 0 0 0 0 Nonsmoking Condominiums 0 0 C 0 G G C 0 C 0 o G 0 0 0 0 0 0 0 0 C o Nonsmoking Common Areas 0 0 0 0 0 0 0 0 0 0 2 0 0 0 � 0 G C 2 0 4 0 TOTAL POINTS 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 2 0 4 0 . . � . � �i��a . . r��l�'�^`t *;�..�. .�� ��'4�? �E�� � � a.. � . . Tobacco R2tailer Licensing -. 4 0 4 4 4 4 4 4 4 4 1 0 4 c � G � 4 4 . 0 TOTALPOINTS 4 4 0 4 4 4 4 4 4 4 4 1 0 4 4 0 4 4 4 4 1 0 ii � � "��``! : : �' ��'�, Emerging Produds Definition -Szcciulhai?d Srnoke 0 0 0 1 0 0 0 0 0 0 1 0 0 C G 0 C 0 0 0 0 0 EmergingProductsDefinition-Licensin� _ 1 0 0 � 0 1 1 1 1 1 0 0 C , 0 1 1 i 1 C 0 Retailer Location Restrictions o 0 0 0 0 0 0 0 0 0 0 0 0 o C o 0 0 0 0 0 0 Sale of Tobacco Products in Pharmacies C 0 0 0 0 .. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Flavored Tobacco Products 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 Minimum Pack Size of Cigars 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL POINTS 1 1 0 1 0 0 1 1 1 1 2 0 0 0 1 0 1 1 1 1 0 0 O��_r:�IlTob,xcn De1e•rniin•_db} Smul.._r,-: 4mokefree Reduc'in;S.�lc:. Con[rulGr.iJe gr.zdesandpoinG OutdoorAir H��usin�G��.�dF: ofTub:�cco A:11-72 D:2-S fromo[herthree Grade A:10. D::-3 ProAuctsGraJ� s 8:8-10 F:Od categaries A:'6+ IX3J 8:7-9 F:0 A:4 D:1 ��^:. $�T�2�18 �.�_� A:4 C2 F:0 6:;3-ll F:0-2 C:4-6 B:3 F:0 65 � CallfornlalocalGndes 8:3 D:? C:8-12 C:2 '. � TOTALPOINTS Dining Entryways Public Events Recreation Area Service Are2s Sidewalks Worksites TOTAL POI NTS a�� �o,`�� Riverside �. a� `�� a �a� ya`�Q� C� U 1 �`y �Z�G � e��y ac` o �ea� a la 2��` \ao ��c Q � Q� 5 � S` . ���-� . . . � ��. 4 4 S 4 30 5 S 0 0 0 0 2 0 0 0 0 0 0 4 0 0 0 0 0 0 3 0 0 5 2 0 3 0 4 3 3 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 2 0 3 0 18 3 3 NonsmokingApartments 0 0 0 0 0 0 0 Nonsmoking Condominiums 0 0 0 0 0 0 0 NonsmokingCommonAreas 0 0 0 0 4 0 0 TOTALPOINTS 0 0 0 0 4 0 0 . . , � . .M . a. . �'_.. Tobaao Retailer Licensing 4 4 4 4 4 4 4 TOTAL POINTS 4 4 4 4 4 4 4 �.�a �' w,�"�:� . Emerging Products Definition SecondhandSmoke 0 0 0 0 1 0 0 Emerging Produds Definition - Licensing 1 0 1 1 1 1 0 RetailerLocationRestrictions 0 0 0 0 0 0 0 Sale of Tobacco Products in Pharmacies 0 0 0 0 0 0 0 Flavored Tobacco Products o 0 0 0 0 0 0 Minimum Pack Sizeof Cigars 0 0 0 0 0 0 0 TOTALPOINTS 1 0 1 1 2 1 0 OrerallTo6�cco De«��mir�d6y Sme�N.�fr�:i Sniok��free Re4ueinqSale; ControlGrxle grndesandpoint: OutdoorAir Nu�singGr:�de ofTobxco A:il-12 D:2-4 franothe�three Grade A:30+ D:1-3 ProductsGrad� e: a-io c: oa ���eaa�� n: ie. o: sa e; �-9 F: o a: a a i SOTC 2018 C: 5-7 A: 4 Q 2 F:0 6:13-ll F:0-2 C:4-6 B: 3 F: 0 G6 Glffornla Lacal Grades B:3 D:1 C:8-12 ��2