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Dec. 8 "Consent Calendar" (No-Discussion Unless Council Intervention "Consent Calendar" Item Would Spend $250,000 To Enable "Right To Counsel" For Tenants Challenging Property Owners; Mayor Garcia Included It In His FY21 Budget Recommendations; Council Incumbents (We Name Names) Rubberstamped Thru Budget Votes Leading To Possible Spending Vote Now
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Dec. 8 Council "Consent Calendar" (No-Discussion/Separate Recorded Vote Unless A Councilmember Requests It) Would Spend $250,000 To Enable "Right To Counsel" For Tenants Challenging Certain Property Owner Actions
Mayor Garcia Included It In His FY21 Budget Recommendations; Council Rubberstamped It Advancing It To Possible Spending Vote Now
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(Dec. 1, 2020, 5:30 a.m.) -- An item agedized for the Dec. 8 City Council meeting's "consent calendar" -- where it won't receive Council discussion or a separately recorded Council vote unless a Councilmember(s) request it -- proposes to spend $250,000 to enable a "right to counsel" program for tenants challenging certain actions by property owners.
An accompanying agendizing memo notes that the Council "budgeted" the sum in Sept. 2020 but omits the record of how it advanced. to the point where the Council is now asked -- without Council discussion or a separately recorded vote -- to approve spending the sum. LBREPORT.com reports that information below.
The accompanying agendizing memo also states: "While the MOU [with an L.A. County agency] will contemplate only a one-year term and a $250,000 amount, mechanisms for extension will be built into the agreement should the need and additional funding be identified for a future extension or expansion of the program..."
July 31, 2020 -- Mayor Robert Garcia unveils a list of recommendations for Council inclusion in the City's FY21 budget. Among them is: "Use $250,000 from reserves for one-time support to create a Right to Counsel program to keep people housed in safe conditions in light of the national eviction crisis brought on by COVID-19."
Sept. 8, 2020 -- The Council's "Budget Oversight Committee" (chair Austin, vice chair Price, member Uranga votes 3-0 to recommend Council approval of Mayor's proposed FY21 budget recommendations with various amendments, none of which involve the quarter million dollar "right to counsel" item. Three taxpayers submitted "e-comments" in opposition to the "right to counsel" spending item (Lydia Ringwald, and Ray and Susette Mehler.) Their e-comments stated in part: "We oppose the city funding tenants to litigate mom-and-pop housing providers.) Mr. Mehler and Ms. Ringwald also spoke at the Committee meeting.
Sept.8, 2020 -- Council votes 9-0 (motion by Austin, seconded by Price) to approve budget item to "Use $250,000 from reserves for one-time support to create a Right to Counsel program to keep people housed in safe conditions in light of the national eviction crisis brought on by COVID-19."
Dec. 8, 2020: On November 30 after 8:30 p.m., an item appears online as part of the Dec. 8 City Council "consent calendar" (no discussion or separate vote unless a Councilmember requests it) to approve spending the $250,000 "right to counsel" sum it budgeted in September. An agendizing memo by Oscar Orci (management's Dir. of Development Services) states in pertinent part:
[Scroll down for further.]
During the budget adoption process, the City Council added $250,000 to the Fiscal Year 2021 (FY 21) Budget for tenant Right-to-Counsel and directed staff to return with an appropriate program to oversee the expenditure. The funds are intended to assist tenants facing eviction due to direct and indirect impacts of the COVID-19 pandemic and its associated economic impact. With high unemployment rates, complex eviction moratorium regulations at the local, county, state and federal level, as well as a housing supply and affordability crisis that predates COVID-19, the effort will seek to keep Long Beach residents housed and encourage the
collaboration and compromise among all parties in any tenancy dispute.
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Staff evaluated three options for utilizing the funds budgeted by the City Council: (1) construct a new program administered by City staff who would procure contract legal services; (2) contract with to existing City service providers for new legal services; or (3) partner with another governmental agency to provide necessary legal services. Contracting with the County of Los Angeles (County) was determined to be the best available option due to the County's ability to immediately provide these services through its existing program compared to the start-up time and costs for the City to create its own program.
The County's program is operating today and is administered by the Los Angeles County Department of Consumer and Business Affairs countywide with a focus on the most vulnerable tenants in unincorporated County areas. Upon execution of the MOU, the County will be able
to increase services within the Long Beach courthouse and to Long Beach residents. These services are provided by a bench of service providers under contract to the County. Those teams are led by Los Angeles Legal Aid Foundation and the Liberty Hill Foundation.
The County has existing authorization from the Los Angeles Board of Supervisors to administer and expand the Right-to-Counsel program; however, the City's participation does require approval by the City Council. Participation in the County program will complete the continuum of city services to assist renters, particularly those impacted by COVID-19 and the resulting economic distress. The City administered its own eviction moratorium earlier this year, is administering rental assistance payments to lower income renters as well as a variety of economic relief programs funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and other federal dollars. The Right-to-Counsel program provides an important final mechanism for assistance when other programs have failed, and the tenant is
facing an eviction.
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It is anticipated that an effective Right-to-Counsel program will result in fewer evictions, result in more landlords and tenants accessing rental and mortgage assistance, repayment plan options and other programs, reduce the threat of homelessness that often results from an eviction, and provide time for the housing market to stabilize as the larger economy recovers.
While the MOU will contemplate only a one-year term and a $250,000 amount, mechanisms for extension will be built into the agreement should the need and additional funding be identified for a future extension or expansion of the program...
...FISCAL IMPACT
One-time funds of $250,000 are budgeted in the General Fund Group in the Development Services Department to offset the cost of this program in FY 21. The contract will not be extended unless additional funds to cover such costs are identified and appropriated. This
recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. The service will be provided by the County and their vendors, pursuant to the negotiated MOU. The expenditure is anticipated to reduce
evictions within Long Beach, which would otherwise result in costs to the City in the form of housing assistance, homelessness programs, and public health expenses. There is no local job impact associated with this action.
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