HomeMy WebLinkAboutAgenda Package - StudySession_Feb15_2024
PALM DESERT CITY COUNCIL
STUDY SESSION MEETING
AGENDA
Thursday, February 15, 2024
3:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
NOTICE IS HEREBY GIVEN that the purpose of the Study Session is to review the items listed on the
agenda. No action will be taken.
Pages
1.CALL TO ORDER - STUDY SESSION
2.STUDY SESSION TOPICS
2.a STUDY SESSION: ARTICLE 34 OF THE CALIFORNIA CONSTITUTION 3
RECOMMENDATION:
Receive and file a presentation related to City’s authority under Article 34 of
the California Constitution and status.
2.b STUDY SESSION: PALM DESERT VISITOR SERVICES 9
RECOMMENDATION:
Receive and file a presentation relative to Palm Desert Visitor Services.
3.ADJOURNMENT
4.PUBLIC NOTICES
NOTE: Pursuant to Assembly Bill 2449, this meeting may be conducted by
teleconference. Study Session is accessible in person or on the City’s website:
www.palmdesert.gov under the Council Agenda link at the top of the page.
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the City will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby
certify, under penalty of perjury under the laws of the State of California, that the
foregoing agenda for the Palm Desert City Council, Successor Agency for the
Palm Desert Redevelopment Agency, and Housing Authority, was posted on the
City Hall bulletin board and City website www.palmdesert.gov no less than 72
hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
City Council Study Session
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Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 15, 2024
PREPARED BY: Jessica Gonzales, Housing Manager
REQUEST: STUDY SESSION: ARTICLE 34 OF THE CALIFORNIA CONSTITUTION
RECOMMENDATION:
Receive and file a presentation related to City’s authority under Article 34 of the California
Constitution and status.
BACKGROUND/ANALYSIS:
City staff will provide information on Article 34 of the California Constitution, an update on the
City’s existing authorization, and future steps.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no financial impact.
ATTACHMENTS:
1. Presentation
Page 3 of 12
Page 4 of 12
Report on Authorization Under California Constitution Article 34
By: Jessica Gonzales, Housing Manager, City of Palm Desert
Page 5 of 12
Article 34 Background
•Article 34 is a provision in the California Constitution that requires voter approval
before a public body can develop, construct, or acquire a low rent housing project.
•State legislation implements Article 34 through Health and Safety Code Section 37000
et seq.
•Section 37001 excludes certain projects from the definition of “low rent housing project.”
•For example, a common exclusion is for projects that have no more than 49% of the
units restricted for low-income households, provided other conditions are met.
•Section 37001.5 excludes certain activities from “develop, construct, or acquire.”
•For example, Article 34 does not apply if a public entity is providing assistance and
monitoring construction to the extent the public entity is carrying out governmental
functions, performing conventional activities of a lender, or imposing constitutional
or statutory mandates of funding.
•Other definitions and exclusions apply and projects should be evaluated individually.
Page 6 of 12
Current Authorization Under Article 34
In 1978, the City voters provided authorization for purposes of Article 34, subject to the limit that
low rent housing does not exceed 5% of the total dwelling units within the City. Below is a summary
of the City's capacity under the voter-approved Article 34 limit (as of November,2023).
Total Dwelling Units (Based on 2020 census)39,751
Current Article 34 Cap (5% of 2020 census)1,988
Units Built Subject to Article 34 1,267
Units Under Construction Subject to Article 34 266
Units In Pre-Construction Phase Potentially Subject to Article 34*478
Projected Article 34 Units (assuming all 2,012 potential units included)2,012
*The City evaluates whether a project is subject to Article 34 at various phases of the project depending on
information about financing, affordability requirements, and other relevant factors, as information becomes
available. Thus, it is possible that some of these units are not ultimately counted towards the Article 34 limit.
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Next Steps
•California voters will decide whether to repeal Article 34 at the November, 2024 General Election
(this was originally scheduled for March,2024, but moved during the last state legislative session)
•If voters do not repeal Article 34, then the City will likely exceed voter approved limits for projects
subject to Article 34
•The City may authorize a ballot measure for the November, 2024 General Election that requests
approval of increased Article 34 authority. City staff intends to return to the City Council in March
seeking authorization to propose this measure and call an election. This authorization would be
necessary if Article 34 is not repealed in the statewide election.
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Palm Desert
Visitor Services
Page 9 of 12
Where are we now?
Palm Desert Visitor Services annually provides
in-person information to 6,572 people at City
Hall. Though not ideal, this location has been
sufficient for the past eight years.
Discussion about the future home of Palm Desert
Visitor Services has recently focused on the new
Library building currently in the pre -planning
phase. One of the many advantages of housing
Visitor Services at the library includes the ability
to assist visitors seven days a week.
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What’s Being Proposed
The renovation of the current library building planned for May/June offers an excellent
opportunity to move Visitor Services to the existing library as it becomes a City facility. This move
would take immediate advantage of the synergy between the library and Visitor Services in
advance of any future construction, providing a higher level of customer service to our visitors
than is available in its current location.
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Questions
and
Feedback
Page 12 of 12