A dense consent calendar will give way to a pair of substantive issues at the April 12 council meeting.
Discussion will focus on a proposal to strengthen protections for tenants facing temporary or permanent relocation and an update on enforcement of noise rules in commercial areas.
Tenant protections
City Hall has spent the past 20 years debating tenant protections and the longstanding tradition debating how to protect renters will continue this week with a recommendation to revise municipal code and hire a new staff position dedicated to aid with tenant relocation.
The code revisions and staff position are an extension of council's 2015 decision to focus on maintaining an inclusive and diverse community. Part of that goal includes addressing relocation issues such as those created during construction or maintenance and two strategies were proposed: revise local laws to strengthen tenant protections and create a Housing Crisis First Responder team to aid tenants in dire situations.
Staff is proposing administrative changes to several city organizations to “ensure greater education of tenants and landlords regarding the requirements of tenant protections and noticing during construction.” They are also clarifying language regarding temporary and permanent relocation assistance requirements.
“These changes are specific to issues related to temporary relocation due to habitability (including construction related) and permanent relocation related to when tenants are being permanently displaced from their homes,” said the staff report.
Staff is not recommending establishing a housing team, but is instead backing the creation of a single position to help facilitate coordination between the multiple existing agencies.
“Tenant related issues can range from the straightforward where one agency may be involved and the concerns are addressed quickly by a responsive landlord, to the very complex in nature involving multiple agencies and resistant landlords. In the case of complex cases where tenant related cases cross departmental and divisional lines, the multiple agencies work together on an ad hoc basis to coordinate efforts, as well as with non-city non-profit organizations, such as the Legal Aid Foundation of Los Angeles,” said the report.
After studying the issue and talking with various organizations, the staff report said a single position can meet council's needs.
“These various groups currently coordinate as needed depending on the individual circumstances of each case; however, a full time position which coordinates the execution of these various resources, as well as monitor construction projects where tenants are living to ensure tenants are protected during the construction process, may meet council's policy objectives while limiting the fiscal expenditures associated with the creation of a new team,” said the report.
The new position would act as a clearing house for information, assess individual circumstances, coordinate with other agencies, provide educational resources and aid in prosecution when necessary.
Noise
Staff is recommending the city take a quiet approach to its noise ordinance.
Last year, council asked for a review of the recently amended noise ordinance, specifically how the rules are being enforced in commercial areas as it relates to First Amendment concerns.
“Broadly, staff believes that the existing ordinance is sufficient to enforce noise, considering constitutional constraints. Eliminating noise enforcement in commercial districts would severely undermine the police department's ability to respond to complaints. Therefore, staff recommends that council direct staff to compile administrative instructions to provide greater guidance to law enforcement officers in the field,” said the report.
The revision at hand removed the use of decibel levels as a measure for disruptive behavior on public property. The rule now contains a general prohibition against activities that are unreasonably disruptive to normal activity and applies that standard to public streets, parks or other property.
While freedom of speech is a constitutional right, governments do have the ability to regulate speech in some instances. Santa Monica uses a permit system to regulate street performers in areas like the Pier and Promenade. The city also has laws requiring permits for large events.
Staff said the current rules are within the legal rights of the city and altering them would harm public safety.
“Police officers face difficult constitutional and operational issues when tasked with the dual responsibility of maintaining public order and protecting the First Amendment rights of protestors and marchers. The Santa Monica Police Department is charged with safeguarding the public during a demonstration which extends to individuals who are exercising their right to free speech under the First Amendment of the United States Constitution. Eliminating noise enforcement in commercial districts would severely undermine the police department's ability to respond to complaints considering most protests occur in commercial districts,” said the report.
While council could ask for the rules to be rewritten, staff said there's no need to alter the current code but instead provide direction to create a set of administrative instructions that would provide additional guidance for officers enforcing the rules.
Council meets 5:30 p.m. on April 12 in City Hall, 1685 Main St.
